Received Claims from QDR relating to numerous tickets for motorbike in residence parking

Ubersmush

I am glad you moved.  I could never live where OPS infest.  They ruin people's lives/peace of mind.

I haven't moved. they have written to me at my previous address.

TENANCY AGREEEMENT INFO - there is zero text in there about parking. Nada. Nothing about the PPC either.

Ubersmush

Coupon-mad said:

If you only got them this morning wait for KeithP to respond here, and don't do the AOS yet.

I am glad you moved.  I could never live where OPS infest.  They ruin people's lives/peace of mind.

I am local which is why I guessed Brighton.  We fight OPS in court all the time and the resident usually wins.

Thank you for your replies and words of encouragement. It's a daunting task but I feel prepared now I have all of this info to hand. I am willing to counter-claim as well if that is a possible path.

Coupon-mad

You are still living where OPS are?!  Poor you.  Seriously, this is no way to live for a driver.

Are your bike & car still wrongly registered to your old address on the logbooks?

Check now.  Put it right - it is not OK!  I think they are likely to be wrong and that's why the letters went to the old address. You have to update your vehicle reg address with the DVLA every time you move, as well as your driving licence.

So you are not allocated a space but there is first-come-first served parking (accessible only with a key fob?) plus a motorbike parking area.

Do you have a resident's permit, or a book of permits?

Ubersmush

The bike is now sold as it was very frustrating having tickets placed on it every day.
I will double check the car logbook.

I have a resident's permit which I share with my partner (I moved in and had my own car). We are allocated one space - which was a problem when I moved in with my car and motorcycle. We have recently found a solution for the second car.

The bike spaces are ALWAYS empty, and obviously a permit is difficult to affix onto a bike (and may blow away/be removed). I had my bike parked there (while a resident).

Mouse007

Does your lease mention use of common areas? and does it define the site?

There is no mention of permits in the property brochure, just says you have allocated parking.

Complain like hell to Oakley Property - demand that they have all the tickets cancelled and tell them to pay the cancellation charges.

Ubersmush

Mouse007 said:

Does your lease mention use of common areas? and does it define the site?

The premises is defined to be the flat itself. There is no mention of any other areas.

the closest clauses that may be relevant are:

clause 1. - the landlords lets and the tenant takes the premises together with all necessary right of access [...] upon the terms mentioned hereinafter
clause 6 - the landlord agrees with the tenant that the tenant [...] may quietly possess and enjoy the premises during the tenancy without any lawful interruption from [landlord or representatives of landlord]

Complain like hell to Oakley Property - demand that they have all the tickets cancelled and tell them to pay the cancellation charges.

I'm most likely not going to complain to Oakley because I don't think that would help and I don't want any hassle from the property management.

Coupon-mad

Ubersmush said:

Mouse007 said:

Does your lease mention use of common areas? and does it define the site?

The premises is defined to be the flat itself. There is no mention of any other areas.

the closest clauses that may be relevant are:

clause 1. - the landlords lets and the tenant takes the premises together with all necessary right of access [...] upon the terms mentioned hereinafter
clause 6 - the landlord agrees with the tenant that the tenant [...] may quietly possess and enjoy the premises during the tenancy without any lawful interruption from [landlord or representatives of landlord]

That is a useful clause to quote in your defence.  OPS have certainly interfered with your right to peaceful enjoyment and interfered with your life, to the extent you sold your bike.

Anyway do the forum search I said and wait for KeithP to stop by with your deadlines and advice about the defence.

KeithP

Ubersmush said:

Dates of claims: All of them are dated the 21st Feb...

With a Claim Issue Date of 21st February, you have until Monday 13th March to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

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

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 27th March 2023 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 guidance.

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'.

Half_way

Ubersmush said:

Mouse007 said:

Does your lease mention use of common areas? and does it define the site?

The premises is defined to be the flat itself. There is no mention of any other areas.

the closest clauses that may be relevant are:

clause 1. - the landlords lets and the tenant takes the premises together with all necessary right of access [...] upon the terms mentioned hereinafter
clause 6 - the landlord agrees with the tenant that the tenant [...] may quietly possess and enjoy the premises during the tenancy without any lawful interruption from [landlord or representatives of landlord]

Complain like hell to Oakley Property - demand that they have all the tickets cancelled and tell them to pay the cancellation charges.

I'm most likely not going to complain to Oakley because I don't think that would help and I don't want any hassle from the property management.

The property management company should be at the very top of the list for any complaints, they are supposed to be working for you.

 They ( if it is them who have) appointed the parking company will be liable for the actions of the parking company, not only should they pay for any charges they have incurred through their own stupidity in appointing a PPc they should also be paying you for any costs/time etc as a result

KeithP

Doesn't look like there were any entrance signs in August 2021...
goo.gl/maps/trag6EpE2oWsdYJ98

Are there any entrance signs now?