LOC: Parking & Property Management / bwlegal - Residence Parking

Alixman984

Hi Experts, 
First, thank you so much for the assistance you all provide to us newbies. 
Long story short, December 2018, after a long day of off-site work in Essex with a rental car, I drove home to our newly purchased flat which we had just moved in 4 weeks prior. Got home around 10 PM, parked in my own dedicated and numbered parking bay (bear in mind there are two gates operated with fobs before I could even get to the parking), parked the car, in the morning I noticed that PPM had left a PCN on the rental car window at 3 AM!!! Unfortunately before reading threads in this forum, thinking this is a silly mistake, I appealed to PPM and provided them a copy of my lease agreement and the parking map, showing the allocation of the car park space to my flat. 

To my surprise, the appeal was rejected. After that, I have followed the advice of these forums to the T! After ignoring multiple communication from bwlegal (including some so-called discounts during Covid-19 lockdown), I have now received a 'Letter of Claim', which includes a letter explaining the estimated claim (which is gone up by approximately £80, since the initial principle debt+legal costs estimation), information sheet, reply form and an expenditure form. On basis of the Newbie thread / Post 2, I now have sent an email to PPM, bearing in mind their privacy policy provides the wrong email for SAR notification and I had to call them to get an updated one and requested SAR, I have also emailed bwlegal notifying them of my communication with PPM and also telling I am getting independent debt advise without accepting any debts. 
Post 2 of the newbie thread is kind of confusing me at this point. Is there anything else I should do? Should I use their reply form? if not what should I expect next?

P.S. Unfortunately in my appeal, I might have accepted that I was the driver, while I didn't come out and say it, but my argument had pointed that way!

As always any assistance is much appreciated. 

Alex

Redx

its not a suprise to us

sometimes its easier to defend a court claim for "own space" issues and so outing the driver is not a biggie

there is nothing confusing about this

you reply to that LBC, which you have done

those financial forms are mandatory in being sent out, ignore them , do not fill them in or return them , they are for other types of court cases, not parking

yes do the SAR

no there is little else to do except prepare for a court case, get all your ducks in a row , pictures of signage , lease or tenancy documents and agreements , read what the lease or tenancy says about permits or parking matters, plus what it fails to say as well

proper preparation prevents p*** poor performance ,  (the 6 p,s) so do it

Alixman984

Thank you Redx. 
I am well prepared. I have printed the whole lease agreement and highlighted the only section about car parks. Nothing about permits at all. The only thing it requires is an insured and roadworthy car. 
Also the enforcement of the permits, only started about a couple of weeks before my ticket, after we had just moved in. 
There is a similar case on ParkingPrankster, does it worth counter suing PPM for trespassing? or because its leased flat (including the parking space) and I'm not the land owner, it wont go anywhere? I'd like to do whatever I can to teach these *asters a lesson.  

Redx

you wont receive actual legal advice on here, that is for a lawyer to assist you with, this is a consumer rights forum , not a legal aid forum , so read my signature below every post I make

you can definitely counterclaim at the time you submit your defence , be it on possible trespass or DPA issues etc , just be clear on what you aim to achieve and the legal jargon and proof required to achieve it

the parking prankster cases are old and possibly out of date , so I would be more inclined to look at recent wins on here over the last 2 years in residential cases and crib from them , also looking at what people are advised to do when considering a counter claim (harassment is a high bar to jump so usually aim lower at hurdles)

there is a recent ongoing case on here where the OP has posted evidence about his "own space" at the rear of his property, in a long drawn out saga , perhaps read that particular case , I think it was a set aside and then proving that he hasnt agreed to any parking management on his land (the car parking spaces)

its always worth reading ongoing and completed cases for the latest picture and details

lastly , google UKPC vs DAVEY SUCCESS ! to see what he did a decade ago, it may help

D_P_Dance

Be happy that if this goes to court they are likely to lose.  Have you read this?

Have you read this?

http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot

What does your lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Umkomaas

does it worth counter suing PPM for trespassing?

What sort of figure do you have in mind?

D_P_Dance

Read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Mr Davey is a barrister.

Alixman984

Thanks All. Appreciate all the comments. 
Honestly, it has never been about the money, just what is fair and right. I will read all the suggested links throughout this week. 
The lease has nothing on permits, just that the car needs to be insured and roadworthy.

Scrapit

Buy a car cover to prevent this happening in the future

Coupon-mad

Alixman984 said:

Thanks All. Appreciate all the comments. 
Honestly, it has never been about the money, just what is fair and right. I will read all the suggested links throughout this week. 
The lease has nothing on permits, just that the car needs to be insured and roadworthy.

AND SOMETHING ELSE FOR THIS WEEK - get ANGRY and GET EVEN about this scam!   

Please now make a real difference:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

Half_way

have you dragged the management company into this? 
you should also be asking what due diligence they (both) carried out prior to starting the parking scheme, and if checks were not made then why are they processing your personal data without just cause ?