Think I'm being taken to court for parking in my own space - what do I do next?

B789

@Mirandoch you may want to have a look at the Landlord and Tenant Act 1987 (legislation.gov.uk), specifically section 37: Application by majority of parties for variation of leases.

This part of the act is applicable if the landlord wants to make changes to the lease, especially if they want to introduce a PPC to scam "manage" the tenants.

D_P_Dance

Variation of  leases is not for the faint hearted.  I once owned a flat in a block where one of the tenants started this process.  He did not suceed and ended up nearly £2000 out of pocket.

Have you complained to your MP?

Jenni_D

Have you got the wrong end of the stick, D_P? The tenant here is not wanting to vary the lease - they'll be querying whether the MC/MA properly varied the lease (in order to engage the PPC).

Mirandoch

Yes, I have absolutely no intention of trying to vary the lease! My only intention was to point out that if the lease had been varied (in order to accommodate the PPC), then I wasn't informed of it. But perhaps I had better rewrite that part of my defense, because I don't want my intention to be misinterpreted.

And, no, I haven't complained to my MP. I do wish now that I had complained much earlier on in the process to my housing association and/or management company, and got them to apply pressure on the PPC to cancel my tickets. They probably wouldn't have been interested, but I feel like I would be in a slightly stronger position now if I had tried to engage them.

Incidentally, does this have any legal basis whatsoever? Found a letter from PCM (UK) sending out new parking permits to residents three years ago, which states that:

Your Managing Agents have no jurisdiction over vehicles enforced and under no circumstances will they act as mediators in any cases.

Fruitcake

Ask (in writing) the MA/landowner when the ballot to vary your lease was carried out in accordance with S37, Part IV of the Landlord and Tenant Act 1987, and what was the result because you were never informed of this change.

In your defence you should be stating that your lease has primacy of contract, no ballot in accordance with the L & T Act was ever carried out, therefore no lawful variation of your lease has ever taken place. Any reputable company and managing agent would have checked the residents' rights against their lease/head lease before the PPC was engaged. 
You only ever displayed a permit out of courtesy.

Your MP should be all over this as well. 

Coupon-mad

Incidentally, does this have any legal basis whatsoever? Found a letter from PCM (UK) sending out new parking permits to residents three years ago, which states that: 

Your Managing Agents have no jurisdiction over vehicles enforced and under no circumstances will they act as mediators in any cases.

No.

PCM were just trying to stop people complaining, so they try to steer residents away from the MA even though the MA is the principal in their contract and PCM merely agents.

Mirandoch

I sent off my defense earlier and got an auto response from ccbcaq, so I know they received it. Now it's just a matter of waiting for the DQ to arrive and trying not to think too much about the hearing in the meantime... (Extremely nervous about speaking publicly - I write better than I speak.)

@Coupon-mad - That's pretty much what I thought, thanks!

@Fruitcake - I'm afraid I've already submitted the defence - I had to get it in today. Is it too late to write to my MA now? 

PS: Thanks for your help up until now everybody! I think I'm still secretly hoping I won't have to actually go to court, but I probably wouldn't have got even this far without your help.

Fruitcake

Plan A is always a complaint to the landowner, managing agent, and your MP. It is never too late to do this. You should still ask the MA about a ballot and warn them that since they employed the unregulated parking company, they, the MA, are jointly liable for the actions of their agents. Ask for the contact details of the person who will be attending court as well.

Mirandoch

Hello everyone.

I've received an email of the Claimant's Directions Questionnaire. The FAQ says to ignore it, so that's what I'm going to do. However I'm a bit concerned I haven't received anything from the CCBC yet. Is it normal for there to be a wait or should I get a move on and download my own copy? I don't want to miss any deadlines. Thanks.

PS: I have not forgotten about writing a letter to the housing association or to my MP. I've been overwhelmed with other stuff this past week, but this case is always at the back of my mind and I do want to let the HA exactly what I think of their choice of parking company and the stress it has caused me - I'm already dealing with mental health issues and this is absolutely not helping.

B789

Mirandoch said:

I've received an email of the Claimant's Directions Questionnaire. The FAQ says to ignore it, so that's what I'm going to do. However I'm a bit concerned I haven't received anything from the CCBC yet. Is it normal for there to be a wait or should I get a move on and download my own copy? I don't want to miss any deadlines. 

It's normal for delays at this stage. You can check your MCOL to see if it's been updated to show that an N180 has been sent to you or just wait a few days and then download your own and email it in.