Parking fine for tenant/New Generation Parking Management/DCB legal

Chid86

Hello all,

Humbly asking for any guidance on my case. The Newbie thread has been very helpful and am grateful for all advice. Feel passionately against any money going into these people's hands. Willing to fight for what's morally right!

 

Current stage

• Received LBC, followed instructions on newbie thread
• Received SAR reply from DCB legal mid Oct 2022 (file on hold for 30 days for debt advice)

 

My case summary

• I was a tenant at the time of the parking charge (early 2019)
• I had an expired permit and was never issued a new permit
• The tenancy agreement makes no reference to parking
• Before signing the tenancy agreement (digitally) I have an email chain where I ask about the parking situation as a point to clear up before I would sign the contract
• (Ironically) I actually ask if a system can be put in place stopping members of public parking there (apparently they were too cheap to put a gate/fob system or simply add tenant's vehicle registrations... instead later choosing to employ these cowboys to try and profit off those who live there!)
• Response from management agency representing the landlord, in an email to me: 'We apologise, we have been trying and have had problems. We are looking in to getting this changed and should be sorted in the next month. "However, the car park will still be a first come first serve basis and not allocated". ( I accept the response and digitally sign tenancy contract shortly after)
• There was no further communication/contract/agreement about new terms
• 'New generation parking management' actually issued fines in summer 2018 - management company had not issued permits and have stated they do not have any - they apologise and cancel tickets for us! (why couldn't they do this later!? We have asked/pleaded/complained several times including recently as per newbie instructions) (This is all saved in email)
• We later get sent a permit (around August 2018) which is valid until end 2018 (bizarre it's not the whole length of the tenancy agreement)
• Never receive a new permit when the first issue expired- later get issued ticket late winter/early spring 2019
• DCB are pursuing the 'illegal' additional £60

 

So my understanding from newbie thread is the illegal adding of £60 and the fact I have written record of parking arrangement above directly from the property management which clearly states its first come first served - and they had no legal right to change these terms without my permission, are two strong points of defence. (Please correct if wrong etc..)

 

Newbie thread states claim is likely after receiving the LBC.

Is it advised i wait for the real claim or should i pre-empt this and draft my defence now? (using links/templates provided in newbie thread?) How much time will I have once claim comes through? Apologies if I have missed answer to this on main thread. 

Thanks very much!
  

Fruitcake

It is not a fine.

Plan A is to instruct the MA to cancel the parking charge and complain to your MP. It is better to stop this before the claim is issued. Be forceful and warn the MA that one of them will be required to attend any court hearing as a witness. Ask for the name of the person who will be attending and ask for dates they won't be able to attend from now until the middle of next year.
Keep hammering the MA. Include quotes from your tenancy agreement to support your case, including things like a right to quiet enjoyment.

There is nothing stopping you from preparing your defence now, but it shouldn't take long as 95% of it is already writ in the template defence thread.

The guide to court written by bargepole you will find in the second post of the NEWBIES sticky Announcement and the twelve-step guide in the template defence sticky Announcement will tell you what to do and when.

Coupon-mad

And at LBC stage, it's important (because the Judge will expect it) to respond by email robustly, stating what you need to see to 'narrow the issues' and also to declare your main defence point about your grant of parking. Be really robust.