My parking bay - County Court claim received!

Quitto

Today I received the County Court Business Centre claim form (N1SDT, N9SDT, N9A, N9B).

The ticket was issued by Parking Control Management (PCM) for not displaying the permit in my allocated parking bay (we left it in a glovebox). I had a few tickets before from CPP (previous operator), never paid them, they moved on and I assumed it would be the same with PCM.

The parking bay is part of the lease (edged with red line) and my apartment was originally sold at a premium because of it.  I cannot locate the original letters and misjudged the importance of a letter before claim from their solicitor which I ignored. 

I am reading the Newbie section and can see similar cases that would be helpful for me.

However, I have the following provision in my lease which worries me: "To comply with such reasonable regulations as the Landlord or the Superior Landlord may make from time to time relating to the orderly and proper use of the Common Parts and security of the Building and including (for the avoidance of doubt) regulations as to the manner of use of any car parking space or visitors car parking spaces and the nature of any vehicle which may be parked thereon.".

Could you please let me know what my options are and whether the following steps are correct in my case:

- Submit an AOS
- Send a complaint to the landlord
- Complain to my local MP
- Prepare my defense from the Defence Template. This will be on the basis of vehicle being parked in allocated parking bay, my lease doesn't have the requirement to display a parking permit.
- Prepare counterclaim?

I'm also happy to answer any questions.

Would you be able to review my defense when I prepare it?

Thank you!

KeithP

What is the Issue Date on your County Court Claim Form?

Quitto

KeithP said:

What is the Issue Date on your County Court Claim Form?

10 January 2022

KeithP

Quitto said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

10 January 2022

With a Claim Issue Date of 10th January, you have until Monday 31st January to file an Acknowledgment of Service. Do not file an AoS before 15th January, but otherwise there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 14th February 2022 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

You got lots of good advice on how to deal with CPP, the previous operator, on your earlier thread.
Please re-read that guidance - particularly that from @Loadsofchildren123.

Quitto

Yes, you're right, that old thread of mine is actually useful!

In another forum someone suggested that my actions (or rather inaction) would be considered "unreasonable", as I haven't actioned upon receipt of LBC. 

I believe any counterclaims are off the table for me?

Shall I post my defense letter here for review when ready?

Coupon-mad

Yes please but it won't be a letter, just the Template Defence with your facts added.

Copy another recent own space defence claim thread by searching the Discussions, filtering for 'newest' on this  board only and unticking 'polls'.

Quitto

Would I be able to counterclaim or it is better to focus on my defence first?

Also, do I need to take actions other than dealing with the claim e.g. complaining to my landlord etc.?

D_P_Dance

Appointinfg a PPC to regulate parking is not imo a reasonable action.  These companies harass tenants and leasehoders and reter rental and lower resale values.  Read these, read about "primacy of contract", read the newbies, and complain to your MP.

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

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

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

Le_Kirk

What are you going to counterclaim for?  It is normal for it to be done at the same time as the defence and then you call the CCBC and pay your filing fee.  Of course you complain to the landlord and get the park sharks thrown out!  Did the MA/MCO carry out a consultation of all the residents/leaseholder and a vote BEFORE they imposed the PPC on you?

Quitto

Le_Kirk said:

What are you going to counterclaim for?  It is normal for it to be done at the same time as the defence and then you call the CCBC and pay your filing fee.  Of course you complain to the landlord and get the park sharks thrown out!  Did the MA/MCO carry out a consultation of all the residents/leaseholder and a vote BEFORE they imposed the PPC on you?

Damages for trespassing, harassment, my time etc.?

There was no consultation to appoint this particular PPC. There was one long time ago where they asked whether the  residents want parking to remain monitored when we had a different PPC. They kept them and changed two years later.

D_P_Dance

What about tortuous interferenece or harassment?  Perhaps a quick note to Roger Davey.