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Legal Claim for damages against Parking Control Management (UK) Ltd

1246

Comments

  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 17 April 2020 at 6:19AM
    Not talking about the same thing here. 

    They just did a simple vote 
    that's not at all what I'm talking about as being required under the l&ta
    which is a formal consultation. 


    Quite

    OP. 
    Do you and your fellow leaseholders actually own the freehold of the block (I am assuming the properties are flats) and the car park

    Because, if you do, I'd be calling for a special general meeting. And you'd be taking action, in a way, against yourselves if there is a Residents Management Company

    Or is it that there is a separate freeholder and the residents group is "advisory".

    Either way, though, noseferatu is right that the "vote" has to be done properly.

    Did you ask why you weren't allowed to vote. The whole thing is bizarre!
  • NeilCr said:
    Not talking about the same thing here. 

    They just did a simple vote 
    that's not at all what I'm talking about as being required under the l&ta
    which is a formal consultation. 


    Quite

    OP. 
    Do you and your fellow leaseholders actually own the freehold of the block (I am assuming the properties are flats) and the car park

    Because, if you do, I'd be calling for a special general meeting. And you'd be taking action, in a way, against yourselves if there is a Residents Management Company

    Or is it that there is a separate freeholder and the residents group is "advisory".

    Either way, though, noseferatu is right that the "vote" has to be done properly.

    Did you ask why you weren't allowed to vote. The whole thing is bizarre!
    There is without doubt a case of double standards as tenants (not flat owners) were also allowed to vote and not us. 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Can you get past that bit, and tell us why, and exactly what rights your lease?

    youve got to take action, we've not seen your plans for that yet. 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tenants should never be allowed ti vote.  I had one tenant who was a bit of a trouble maker, I advised the MA to ignore any letters from him.  
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 April 2020 at 11:38AM
    I'm struggling with this. You have been asked many questions but have not answered all of them.
    You refer to an allocated space yet say you bought it. If you own the space including the freehold then I would assume you would not be invited to vote or indeed entitled to vote about actions on land owned by someone else. 

    If you pay ground rent then I think that means you have bought the exclusive right to use the space but do not actually own it. You may be able to buy the freehold by offering something like 10X the annual ground rent amount.

    Either way, whoever employed the scammers should have put your space on a white list, either by quoting the space number or marking it on a map. If they failed to do this then they are jointly responsible for the actions of the parking scammers, and equally responsible for any data breach that occurs as a result.

    In addition, if you own the space then the DVLA are complicit in a DPA/GDPR breach by providing your personal details to the scammers and failed to check the scammers had the right to obtain your data without your permission. They did not take reasonable care or due operate due diligence or whatever the correct term would be. If that is the case then you should make two complaints to the DVLA; one for a data breach and one for a KADOE breach to 

    ccrt@dvla.gov.uk and KADOEservice.support@dvla.gov.uk

    Instruct them to put a note on your records that they are prohibited from releasing your data concerning this location to anyone without your permission.

    You could also report the DVLA to the ICO for this data breach.


    Complain to your MP about this unregulated scam as well as to Robert Jenrick MP, as well as asking them to investigate why the DVLA released your personal data to a parking scammer even though you own the land where the alleged event occurred. Include a copy of your land registry entry.





    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Fruitcake said:
    I'm struggling with this. You have been asked many questions but have not answered all of them.

    Me, too!

    Not many answers and new information drip fed in. 
  • Half_way
    Half_way Posts: 7,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    In order to get helop and advice, all the required information is required, otherwise it could be a case of barking up the wrong tree, and wasting time that could be spent with other people who need it
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • parkingticketsfightbacksas
    parkingticketsfightbacksas Posts: 18 Forumite
    10 Posts First Anniversary
    edited 20 April 2020 at 8:13PM
    Fruitcake said:
    I'm struggling with this. You have been asked many questions but have not answered all of them.
    You refer to an allocated space yet say you bought it. If you own the space including the freehold then I would assume you would not be invited to vote or indeed entitled to vote about actions on land owned by someone else. 

    If you pay ground rent then I think that means you have bought the exclusive right to use the space but do not actually own it. You may be able to buy the freehold by offering something like 10X the annual ground rent amount.

    Either way, whoever employed the scammers should have put your space on a white list, either by quoting the space number or marking it on a map. If they failed to do this then they are jointly responsible for the actions of the parking scammers, and equally responsible for any data breach that occurs as a result.

    In addition, if you own the space then the DVLA are complicit in a DPA/GDPR breach by providing your personal details to the scammers and failed to check the scammers had the right to obtain your data without your permission. They did not take reasonable care or due operate due diligence or whatever the correct term would be. If that is the case then you should make two complaints to the DVLA; one for a data breach and one for a KADOE breach to 

    ccrt@dvla.gov.uk and KADOEservice.support@dvla.gov.uk

    Instruct them to put a note on your records that they are prohibited from releasing your data concerning this location to anyone without your permission.

    You could also report the DVLA to the ICO for this data breach.


    Complain to your MP about this unregulated scam as well as to Robert Jenrick MP, as well as asking them to investigate why the DVLA released your personal data to a parking scammer even though you own the land where the alleged event occurred. Include a copy of your land registry entry.





    If you have read my post well I had phoned the parking company and told them I had never appointed their company to do parking enforcement in my own allocated parking space when I first saw the parking signs
     but they sill went in and put a PCN on my car couple of weeks later.
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Fruitcake said:
    I'm struggling with this. You have been asked many questions but have not answered all of them.
    You refer to an allocated space yet say you bought it. If you own the space including the freehold then I would assume you would not be invited to vote or indeed entitled to vote about actions on land owned by someone else. 

    If you pay ground rent then I think that means you have bought the exclusive right to use the space but do not actually own it. You may be able to buy the freehold by offering something like 10X the annual ground rent amount.

    Either way, whoever employed the scammers should have put your space on a white list, either by quoting the space number or marking it on a map. If they failed to do this then they are jointly responsible for the actions of the parking scammers, and equally responsible for any data breach that occurs as a result.

    In addition, if you own the space then the DVLA are complicit in a DPA/GDPR breach by providing your personal details to the scammers and failed to check the scammers had the right to obtain your data without your permission. They did not take reasonable care or due operate due diligence or whatever the correct term would be. If that is the case then you should make two complaints to the DVLA; one for a data breach and one for a KADOE breach to 

    ccrt@dvla.gov.uk and KADOEservice.support@dvla.gov.uk

    Instruct them to put a note on your records that they are prohibited from releasing your data concerning this location to anyone without your permission.

    You could also report the DVLA to the ICO for this data breach.


    Complain to your MP about this unregulated scam as well as to Robert Jenrick MP, as well as asking them to investigate why the DVLA released your personal data to a parking scammer even though you own the land where the alleged event occurred. Include a copy of your land registry entry.





    If you have read my post well I had phoned the parking company and told them I had never appointed their company to do parking enforcement in my own allocated parking space when I first saw the parking signs
     but they sill went in and put a PCN on my car couple of weeks later.
    What exactly were you expecting from a phone call? 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Please answer the questions you have been asked re ownership or lease
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