LBC - stage 2 response help please

Pat26

I received a LBC last year giving me two options: either to pay or dispute the debt. I chose to dispute the debt and responded within the 30day period of LBC. The solicitor representing the PPC sent me an acknowledgement about a month later and then last month a full response rejecting my reasons for disputing the debt and asking me to pay. Can you please help me with this second response which is due by Thursday (days have crept up on me!)?
I have gone through the newbie thread and I have gone through the "Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance" Thread. Unfortunately I didn't I didnt know about this thread before my initial response to the LBC. However going through the thread now and I find that the LBC I received last year does not contain the the info set out at Annex A Para 2 of the Practice Direction. QUESTION 1. Is it too late to dispute these part of my second response?
The circumstances of my PCN is as follows: I am a leaseholder in an apartment building with allocated parking. The building is within a residential site owned by the same landowner as in my lease and managed by a management company. The management company last year instructed the residents to park their vehicles in alternate parking area for a temporary period to allow for repair work in our allocated parking spaces. We were given temp passes. I used alternate parking bay as instructed, displayed temp permit AND my residents permit. During this period I fell very ill. This was during the pandemic so a COVID-19 test was done but thankfully negative. However I was too ill and on self-administered medication therefore wasn't physically fit to operate a vehicle. I was unable to move my vehicle which remained in the space past the temp permit expiry but still displaying residents permit and received two PCN tickets. I am at a loss I wasn't issued tickets for a week or more! I explained the above circumstances to the PPC in my response to LBC along with evidence of instruction from my management company, COVID-19 test result and the proof of my lease to the apartment and stated therefore not party to the contract the PPC is talking about in the displayed signs.
The PPC solicitor says I have entered into a contract with their client at the time of the incident therefore doctrine of privity apply. They "confirm" the PPC has authority to issue ticket, adding that any contract PPC has with the building management company (MC) is irrelevant in this matter but in the same note says the same contract is commercially sensitive and can only be disclosed in court. QUESTION 2 PPC isn't the landowner as per my lease, the PPC contract is with my MC and according to solicitor what is contained in that contract is irrelevant in this matter ,then what is the contract that bind me to this debt? Is it simply the signage at the parking place because the temp permit overrides that for set period. My resident permit was displayed too. 
With regards to the fact that I was ill - they appreciate circumstances but says I should've tried to contact the PPC on the day (which day isn't specified) to advise of the situation QUESTION 3 - Isn't that the purpose of this LBC?
Do I pursue this further because I believe I wasn't illegally parked anywhere OR do I counter offer the original amount in the PCN and be done with? 

KeithP

I have gone through the "Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance" Thread.

That is a very old thread and should not be referred to at all.
Your QUESTION 1 is therefore irrelevant. For a start, there is no Annex A in the current Practice Direction.

All the information you need is in the NEWBIES thread.

Fruitcake

What is the name of the PPC and the legal/solicitor please?

What does your lease say about parking, permits etcetera, and what does it say about alternative parking? Do you have the contract from the MC/MA that instructed you to park elsewhere?

What did your MC/MA offer to do about cancelling the charge when you complained about the problem they had caused?

Pat26

KeithP said:

I have gone through the "Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance" Thread.

That is a very old thread and should not be referred to at all.
Your QUESTION 1 is therefore irrelevant. For a start, there is no Annex A in the current Practice Direction.

All the information you need is in the NEWBIES thread.

Can I just confirm that this is the latest newbies thread?
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou. 

Le_Kirk

That is the correct NEWBIE sticky.

Pat26

Fruitcake said:

What is the name of the PPC and the legal/solicitor please?

What does your lease say about parking, permits etcetera, and what does it say about alternative parking? Do you have the contract from the MC/MA that instructed you to park elsewhere?

What did your MC/MA offer to do about cancelling the charge when you complained about the problem they had caused?

Name of the PPC  - PCM legal/solicitor - Gladstone
The lease allocates me with a numbered bay to park.  It specifies the number of the parking bay is allocated to the apartment. I don't own the bay of course, that's with the landowner. The management company has the right to enter the allocated bay to carry out repairs. The lease says nothing about alternative parking or the requirement of any parking permit. 
However, despite this the residents are expected to display a "residents permit" in their allocated bay. This permit is a PPC generated one!!! Calls to cancel or override this arrangement through our RSA and MA/MC has fallen on deaf ears. So the residents are stuck with it! 
Yes I have the letter provided by the MC/MA permitting me to park in an alternate bay within the land. The permit was temporary until the end of repair work. I also displayed my resident permit too throughout this time. 
MC/MA have always insisted that they do not help with parking control issues. They insist they are not responsible and they can't do anything. So I haven't even tried. 

D_P_Dance

Have you read these?

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

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

What does your lease/AST say about parkinh?  If is is silent you may give you PRIMACY OF CONTRACT over a PPC's draconian contract.

Have you complained to your MP?

Pat26

D_P_Dance said:

Have you read these?

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

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

What does your lease/AST say about parkinh?  If is is silent you may give you PRIMACY OF CONTRACT over a PPC's draconian contract.

Have you complained to your MP?

The links are very useful, thanks a lot. Especially your comment - "... If the lease makes no mention of a permit PPC cannot charge you for not displaying one..."? I will review the blogspot too to draft my response.
My lease says:
As part of "rights granted to the lessee by the manager and the lessor" - "the right to use the parking space for the parking of private motor vehicles only". The "parking space" according to lease is the allocated bay stated in the lease.  This clause is subject to provision full right for manager to enter the parking space to carry out their lease obligations, temporarily prevent the tenant from using the "parking space" for repair/cleaning/renewal, if this is the case the manager has to nominate in writing an alternative reasonable parking space within the building.
With regards to the Visitor Parking space - these are defined as areas on the estate allocated from time to time to park visitor's motor vehicle. 
There is no mention of permits where Parking Space or Visitor Parking Space is mentioned. 
I have not complained to the MP

Coupon-mad

Pat26 said:

Fruitcake said:

What is the name of the PPC and the legal/solicitor please?

What does your lease say about parking, permits etcetera, and what does it say about alternative parking? Do you have the contract from the MC/MA that instructed you to park elsewhere?

What did your MC/MA offer to do about cancelling the charge when you complained about the problem they had caused?

Name of the PPC  - PCM legal/solicitor - Gladstone
The lease allocates me with a numbered bay to park.  It specifies the number of the parking bay is allocated to the apartment. I don't own the bay of course, that's with the landowner. The management company has the right to enter the allocated bay to carry out repairs. The lease says nothing about alternative parking or the requirement of any parking permit. 
However, despite this the residents are expected to display a "residents permit" in their allocated bay. This permit is a PPC generated one!!! Calls to cancel or override this arrangement through our RSA and MA/MC has fallen on deaf ears. So the residents are stuck with it! 
Yes I have the letter provided by the MC/MA permitting me to park in an alternate bay within the land. The permit was temporary until the end of repair work. I also displayed my resident permit too throughout this time. 

MC/MA have always insisted that they do not help with parking control issues. They insist they are not responsible and they can't do anything. So I haven't even tried. 

Even though that is the only way to stop a court claim and even though they CAN cancel these?

Fruitcake

If there is no requirement in your lease to park in your demised bay, then the MA/MC cannot vary your lease without a ballot of all landlords and leaseholders in accordance with Section 37 of the Landlord and Tenant Act 1987.

Ask when this ballot required by the Act (the law) was carried out, what was the result, why you were not provided with an updated lease, and who will be appearing in court to confirm these changes under oath.
If no ballot was taken, then your lease remains as originally provided to you. It has primacy of contract over anything they or an unregulated parking company says that was not a party to your lease.

You and every other resident on site should be hammering the MA and kicking up a stink by insisting that all PCNs are cancelled, and all residents demised spaces and/or vehicles be put on an exemption list so they are never ticketed again.

Pat26

Coupon-mad said:

Pat26 said:

Fruitcake said:

What is the name of the PPC and the legal/solicitor please?

What does your lease say about parking, permits etcetera, and what does it say about alternative parking? Do you have the contract from the MC/MA that instructed you to park elsewhere?

What did your MC/MA offer to do about cancelling the charge when you complained about the problem they had caused?

Name of the PPC  - PCM legal/solicitor - Gladstone
The lease allocates me with a numbered bay to park.  It specifies the number of the parking bay is allocated to the apartment. I don't own the bay of course, that's with the landowner. The management company has the right to enter the allocated bay to carry out repairs. The lease says nothing about alternative parking or the requirement of any parking permit. 
However, despite this the residents are expected to display a "residents permit" in their allocated bay. This permit is a PPC generated one!!! Calls to cancel or override this arrangement through our RSA and MA/MC has fallen on deaf ears. So the residents are stuck with it! 
Yes I have the letter provided by the MC/MA permitting me to park in an alternate bay within the land. The permit was temporary until the end of repair work. I also displayed my resident permit too throughout this time. 

MC/MA have always insisted that they do not help with parking control issues. They insist they are not responsible and they can't do anything. So I haven't even tried. 

Even though that is the only way to stop a court claim and even though they CAN cancel these?

I will try speaking with the MA although they insist they can't cancel but I hope that is not the only way to stop a court claim. My lease makes no mention of a permit for parking on manager's land which include the parking spaces.