PCN's on Partners Demised parking space.

LDast

You may want to throw in a link to Landlord & Tenant Act asking them about any amendment to the lease:

https://www.legislation.gov.uk/ukpga/1987/31/section/37

Ask them whether they are aware of the Act and if so, when was the Tribunal and ballot that approved the amendment. Remind them that they are jointly and severally liable for the actions of their agent and you will hold them liable for the consequences of any court action taken by CPML. Tell them, if they are unsure about who is the monkey and who is the organ grinder in their contractual relationship, they should pass your correspondence on to their legal advisors.

Hendolad

Thanks @LDast that is brilliant work. Much appreciated.

Hendolad

The Management agents don't get it.

h2g2

Have you also gone to the freeholder and the management company (not the agent) directly?

Coupon-mad

Who are the management company this agent says signed the contract? They are liable.

Hendolad

h2g2 said:

Have you also gone to the freeholder and the management company (not the agent) directly?

The Freeholder is a Limited Company who are registered at the same address as the Block's management company. The Block's management company is the Corporate Director for the management company. They are their agents and their addresses are the same. So I believe I am directly speaking to both at the same time.

Hendolad

Coupon-mad said:

Who are the management company this agent says signed the contract? They are liable.

They are a Limited company with three directors and the Block's management company is their Corporate Secretary. The Management Company is the Lessor. 

Coupon-mad

Spook them by asking who from the Management Company will appear at the hearing to explain why they have unilaterally enabled a third party to cause loss to residents by interfering with leases without bothering to comply with the Landlord & Tenant Act.

Tell this person if no name is nominated you will name him in your Witness Statement and at the hearing.

Hendolad

Hi, Just an update from my case. I have submitted my questionnaire and have had a response to participate on a call for mediation. I have received a response to my defence from Bw legal in the post with their arguments claiming that the contract is between the driver of the vehicle and themselves and not through a third party (being the Lessee and Land Owner). As I have not disclosed the name of the driver they claim that I am responsible as the registered keeper under paragraph 4 of the Protections of Freedoms Act 2012 paragraph 4. Any advice or experiences of this would be greatly appreciated. Thanks

Fruitcake

Mediation is now compulsory but nothing to worry about. It will consist of a mediator trying to persuade you to pay "something" to the claimant.

It should go something like,

Them: Pay up
You: No
Them: Please?
You: No
Them: Pretty please?
You: No

End of mediation. 

Either ignore BWL, or tell them, see you in court.

You need to have another pop at the managing agents. Ask them who will be attending the hearing in accordance with Court Procedure Rules, Part 33, Miscellaneous Rules about Evidence, Rule 33.4, The power to call witness for cross-examination, because you want to ask them why they allowed an unregulated third party private parking company to operate a for profit business on your demised space without your permission, and in breach of the Landlord and Tenant Act 1987, Part IV, Section 37.

You could also threaten the MA/MC with a court claim in the form of a letter before claim unless they immediately instruct their agents to cancel the claim against you, and indemnify you against any further PCNs and court claims for parking in your own demised space.

The claim would be for derogation of grant, denial of your rights to quiet enjoyment, and DPA/GDPR breaches for engaging a company that obtained and processed your personal data without your permission, and without reasonable cause.

You should also complain to the DVLA and their KADOE team about the PPC's breach of their KADOE agreement, and the DVLA's sale of your personal data to a third party when they have no right to do so. Include your proof that the space is demised to you and therefore the DVLA had no right to sell your data, and the PPC had no right to purchase and process your data.

DVLA complain addresses,

ccrt@dvla.gov.uk 

and

KADOEservice.support@dvla.gov.uk

Next stop is the ICO, again for data breaches by the MA/MC as principle, the PPC, and the DVLA. As the landholder, nobody had the right to sell or buy or allow to buy or process your data.

Have you got your MP involved? A resident getting PCNs for parking in their own space where no parking scheme has been agreed.

Have you contacted local and national press as well?