Car park switched management overnight and issued tickets. Was a contract legally made?

Danny2290

Half_way said:

step one, what does the agreement between you and the landlord say about parking? you should have an AST/tenancy agreement of some sort.

I do have an AST agreement which unfortunately only mentions parking permits with regards to return of tenancy deposit returns. 

I'm waiting for my landlord / managing agent to get back to me with something I can use to prove I am the legal person authorised to use the space. 

D_P_Dance

Dis they comply with housing acts, read this

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Have you read this

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

have you complained to your MP?

Fruitcake

Danny2290 said:

Half_way said:

step one, what does the agreement between you and the landlord say about parking? you should have an AST/tenancy agreement of some sort.

I do have an AST agreement which unfortunately only mentions parking permits with regards to return of tenancy deposit returns. 

I'm waiting for my landlord / managing agent to get back to me with something I can use to prove I am the legal person authorised to use the space. 

What precisely does it say? Is there any mention of what will happen if you don't display a permit such as having to pay an unregulated parking scammer that is/was not a party to your lease?

Danny2290

Fruitcake said:

Danny2290 said:

Half_way said:

step one, what does the agreement between you and the landlord say about parking? you should have an AST/tenancy agreement of some sort.

I do have an AST agreement which unfortunately only mentions parking permits with regards to return of tenancy deposit returns. 

What precisely does it say? Is there any mention of what will happen if you don't display a permit such as having to pay an unregulated parking scammer that is/was not a party to your lease?

There is no mention of it in the contract until the 'Deposit' terms & conditions 
'1.8.5.2 all keys, access devices, remote controls and parking permits have been returned and'
There's no mention of anything to do with parking management or car park in the contract otherwise.

Danny2290

Coupon-mad said:

PCM will sue.  You will likely win. Your car was not parked in breach of any displayed terms at the point of parking and a new PPC should fairly do more for residents who were clearly targeted within 24 hours of the changeover.

That's what happens at the moment with parking firm cases, particularly. You only need to read other PCM threads to know this., If you move flat in the coming 6 years before this is over, tell PCM your new address at all times because there is no risk of a CCJ as long as you see and defend a N1 claim form. It's what we do here all the time.

Thanks for the links here. I'm reading through everything currently and appreciate the help you have all given me. 

It's the first time I've had encounters with any debt collection agency so I don't really have any experience or know what to expect. I didn't realise there was a newbie forum here either, so thanks for that. 

Danny2290

Sorry for the long gap between last post - Have been stalling for time as much as possible with little to report.

I managed to get an email from my estate agent confirming that the parking space is provided with the renting of my apartment. There was nothing more than that provided to me but I hope that would still be sufficient to show that I have the sole right to use the space.

I have had numerous issues with the debt collectors recently. I replied to their final demand email with the following: 

'I believe that the invoice which has been issued to me is without correct legal basis and I will be appealing this charge. Please can you tell me what I need to do from this point in order to make this appeal?'

On the 20th July, I have received a letter from TRACE stating:

'Please be advised that the hold has been removed, as previously advised ‘We will be unable to enter into any further correspondence regarding this matter’. Your next opportunity to appeal is the county court.'

Strangely, after this they have still continued to send me emails & texts asking for payment. Why are they still communicating with me after they say they don't want any more correspondence? 

What should I do from here, is it best to ignore them now?

Coupon-mad

You can’t appeal, you will be defending a court claim and will likely win. Stop replying to debt agencies. 

Instead, show their horrific letters to the Government as per the new thread I started today. The last Consultation to end rogue practice and false ‘debt recovery’ added sums is open.

Please don’t go away again and miss it!

Danny2290

Will check that out now. Thanks for your help.

Umkomaas

You ignore anything and everything except a formal 'Letter Of/Before Claim from PCM's solicitors (possibly Gladstones, BW Legal or DCB Legal) or a N1 court claim from the Northampton CCBC. Come back if you receive either. 

I may have missed it in scanning the previous posts, but do you have a confirmed date on which the new contract started with PCM?

Danny2290

Umkomaas said:

You ignore anything and everything except a formal 'Letter Of/Before Claim from PCM's solicitors (possibly Gladstones, BW Legal or DCB Legal) or a N1 court claim from the Northampton CCBC. Come back if you receive either. 

I may have missed it in scanning the previous posts, but do you have a confirmed date on which the new contract started with PCM?

The official starting date of their takeover was 1st March 2021 and I was issued a ticket on 2nd March.