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HELP Possible mistake in acknowledgement of VCS Letter before claim
Comments
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The tenancy agreement is from 2017, but this was actually a contract extension from 2018, so just two years ago.Coupon-mad said:
So, you didn't breach that term. That terms doesn't say 'without a permit on display'.
Your car was never 'without a permit'. It was in the car and quite possibly in place on the dash when you parked it, and *someone* may have blown through the vents or rocked the car to dislodge it. Can you imagine?!
How old it that tenancy agreement? It threatens a criminal offence; clamping and release fees have been illegal for EIGHT YEARS!
I too am very very interested to see that they are not threatening to add any costs. I wonder why...very interesting. Maybe they just want to extract £500 from you and actually that's a sensible stance for a multi-ticket case.
However, complain to your landlord and the Management Company URGENTLY that three of these PCNs were from one parking event (by the way, that's a very strong defence point as well, when you get the inevitable claim).
I wasn't aware that clamping was illegal, but I'm not surprised about it because the Management Company is probably worse than the PPC. I have literally given up on getting my £250 deposit back from them because the only way I could get it back would probably be through a lawsuit. So I'm not keeping my hopes up by contacting them about the PCNs. I will send them an email anyway, but I am prepared for the court claim.
You're right, the car was not without a permit and who knows how it fell from the dash. I am waiting for them to reply to my SAR so that I can actually see what they actually have against us.1 -
The lease doesn't explain the meaning of 'applicable' so I have no idea what that means. It sounds like 'applicable when we decide so'.Fruitcake said:Secondly, where exactly in your lease/AST does it explain the "applicable" meaning of the clause in your contract?
Who does it say must supply the permit?
Where does it say a permit must be displayed?
What does it say about the consequences of not displaying a permit?
Does it mention an unregulated parking scammer?
Does it say an unregulated parking scammer can issue a scamvoice if a permit is not displayed?
Does it say a scamvooice must be paid to an unregulated parking scammer?
Does it mention court claims may be issued by an unregulated parking scammer?
It doesn't specify who needs to supply the permit, that's something that we have been told from the letting agent on our arrival. Also the day of our arrival the reception staff had already left so no one could print a permit for us and we actually received a PCN that was removed by the reception staff later that week (I hope to have some emails correspondence with the reception about it).
The contract doesn't specify that the parking permit must be displayed nor it says where it should be displayed.
It doesn't mention anything about the consequences of not having a permit and nowhere in the lease it mentions which PPC regulates the parking lot, let alone the fact that the tenants can receive PCNs or be taken to court about it.
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Exactly. So why do you give them more power than the lease requires?
you don't.1 -
So your lease/AST does not require you to display a permit, nor does it allow a third party scammer to override your unfettered rights to use your demised parking space.
This taking away or reducing your existing rights is called a derogation of grant.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks2
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