Letter Before Claim - how to proceed?

Hello,
I would like some advice about how to respond to a letter before claim please. Some context:
  • I will be sending a SAR to the parking operator as per the start of post #2 in the Newbies thread.
  • My parking ticket was received in an own space situation. I rent from someone who owns the property (including parking space) leasehold. The freeholder uses a management company who have employed the parking operator. I contacted the management company months ago to ask for the ticket to be cancelled. They said that their contract with the parking operator does not permit them to intervene. Based on that response, I am not currently planning on contacting the management company again now.
  • I did find the sticky which points to an LBCCC thread. But having read the first page of that thread, it seems out of date because the Practice Direction on Pre-Action seems to have changed since it was written.
  • The Newbies thread says "DO NOT use the 'reply forms'". It says to email the solictor and tell them about the SAR, and tell them that debt advice is being sought. Is that still considered to be the appropriate action? I have read the Practice Direction, and the protocol for debt claims specifically, and the latter states that the reply forms should be used (para 4.1)? And the "I dispute the debt" section of the reply forms (in the Annex of the protocol) tells you to provide information about why you are disputing the claim, and asks for copies of supporting documents. Does that mean I need to reply to the solictor with the Annex 1 reply forms and a defence at this point? I'm confused because the Newbies thread makes it sound like the "proper" defence comes after this stage, but the Pre-Action Protocol seems to be asking for it now.

Thanks for any help with this!

PS - I had to remove all the links I used, apparently I'm too new. Hopefully the Newbies, sticky, and LBCCC thread will be known to people here. "Practice Direction" is at the URL that ends in "procedure-rules/civil/rules/pd_pre-action_conduct". The "protocol for debt claims" is at the URL that ends in "procedure-rules/civil/pdf/protocols/debt-pap.pdf". I know that's a bit of a pain, but hopefully that's enough information for other people to find them if needed.
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  • edited 29 October 2020 at 11:58PM
    Coupon-madCoupon-mad
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    edited 29 October 2020 at 11:58PM
    You are right that the LBCCC thread is really old, so ignore that.  The NEWBIES tread is correct - DO NOT use the reply forms.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • JungleHotelJungleHotel Forumite
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    You are right that the LBCCC thread is really old, so ignore that.  The NEWBIES tread is correct - DO NOT use the reply forms.
    Thank you. I will send the SAR to the parking operator, and let the solicitor know that advice is being sought when I get the time - probably this weekend.

    After I've done that, do I just go back to doing nothing until they send an actual court claim?
  • UmkomaasUmkomaas Forumite
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    After I've done that, do I just go back to doing nothing until they send an actual court claim?
    I suggest you read lots of other 'residential' threads where this PPC and solicitors are involved. And they are ........ ?
    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.
  • D_P_DanceD_P_Dance Forumite
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     I rent from someone who owns the property (including parking space) leasehold. 

    Many leasess?ASTs forbid this.  The  resident may be breaching the terms of their lease/AST which may make it difficult to contest this.  Check with the resident.  

    You never know how far you can go until you go too far.
  • JungleHotelJungleHotel Forumite
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    Umkomaas said:
    I suggest you read lots of other 'residential' threads where this PPC and solicitors are involved. And they are ........ ?
    PPC: Link Parking
    Solicitor: BW Legal
    I read up a lot earlier in the year, but you are right, it doesn't hurt to read again. Also I don't remember if I searched for the PPC and solicitor specifically, so I will do that - thanks.

    D_P_Dance said:
    Many leasess?ASTs forbid this.  The  resident may be breaching the terms of their lease/AST which may make it difficult to contest this.  Check with the resident. 
    Sorry, I didn't follow this - many leases forbid what? Renting from a leaseholder?
    I mostly mentioned the own-space detail in order to explain that I already tried to cancel the ticket through the management company, and therefore I was wondering what other actions to take at the current stage of letter before claim. However, if now is a good point to start preparing a defence then I would certainly be willing to do that.
    I'm the resident, not the leasehold owner. But I don't believe I have breached my tenancy agreement. I have checked my own tenancy agreement (with my landlord who owns the lease), and I have also checked my landlord's lease (with the freeholder) - of which I bought a copy from the land registry earlier this year. As far as I can tell, that chain of documents gives me the right to have a vehicle in the parking space associated with the property. I can see no requirements to comply with parking operators in either document.
  • Coupon-madCoupon-mad
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    I have also checked my landlord's lease (with the freeholder) - of which I bought a copy from the land registry earlier this year. As far as I can tell, that chain of documents gives me the right to have a vehicle in the parking space associated with the property. I can see no requirements to comply with parking operators in either document.
    Perfect evidence then.    Submit a copy with your reply to the LBC and tell the solicitor you will counterclaim if their client proceeds.

    Why not read PACE v Noor and Link v Parkinson (see the Parking Prankster's case law - Google it).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • D_P_DanceD_P_Dance Forumite
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    Sorry, I didn't follow this - many leases forbid what?

    Subletting,  
    You never know how far you can go until you go too far.
  • JungleHotelJungleHotel Forumite
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    Perfect evidence then.    Submit a copy with your reply to the LBC and tell the solicitor you will counterclaim if their client proceeds.
    Why not read PACE v Noor and Link v Parkinson (see the Parking Prankster's case law - Google it).
    Excellent resources - I have read those now, thank you. I've now sent the SAR to the parking operator. I'll write something to send to the solicitor over the weekend, and I will include a statement about this being my own space, and attach the lease and tenancy documents as you suggest.

    D_P_Dance said:
    Subletting,  
    Ah ok, I didn't know that. My landlord's lease allows them to sublet.
  • JohnershJohnersh Forumite
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    Subletting (when a tenant executes a new lease with a third party) is entirely different in law from leasehold ownership, where the creation of a rental agreement is entirely permissible and, indeed, common.

    As I read it, the o/p probably has a normal AST and is absolutely entitled to enjoy the use of a designated parking space. 
  • JohnershJohnersh Forumite
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    What was the "offence"? 
    failure to display a permit/
    different bay/
    parked 'badly' /
    not in a bay?
    Have they pretty photos? 
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