Urgent, court hearing in July, WHAT NEXT :(

ISTIAWAN

patient_dream said:

B789 is right saying .. " your lease/tenancy agreement"

We have a different management company who looks after all the houses and parking. We were told by letter that we would be given a renewed pass yearly, this never happened.

OH DEAR, the landlord who refuses information must now be involved as they employed the new management company

You have every right to involve the landowner if this goes to court who is responsible for the actions of of the management company ..... that means the landowner attending court with you TO EXPLAIN TO A JUDGE

Judges do not like residential parking scams

But this is the famous discontinue legal DCBL who take on crap cases .... is the parking company UKPC ??

Yes It is - UKPC

ISTIAWAN

B789 said:

ISTIAWAN said:

I rent my house and my contract says nothing - I will read the small print though.

Of course, any detail will be in the small print. However, you are looking for anything it mentions about parking... or doesn't mention. For example, if your lease or tenancy agreement doesn't mention a requirement to display a permit, then a PPC cannot just put up a sign and say their contract overrides your contract. You have what is known as "primacy of contract”.

I have read my shorthold tenancy agreement from cover to cover - at no point does it state that we will have to display a permit. There is no sub heading for parking at all, it is not addressed. I signed in 2012 and in 2013 I received a letter from the manager saying they are implanting a scheme. I never signed anything and this letter does not refer to Tennants or say it overrides contracts etc. This is good

ISTIAWAN

Sorry, just to be clear, I received a letter from the management company, it was a general letter to all,  after an AGM, only attended by home owners - we are not involved as tenants. it was never discussed by the estate agent that I needed anything to park. 

Coupon-mad

Ok.  Advice stays the same!

ISTIAWAN

Read the NEWBIES thread second post in readiness (we mean now...this week) and go bookmark the latest thread by @Johny86 so you know what your first defence will look like.

So sorry - I new to this and cant seem to navigate to the latest thread by @Johny86  ??

ISTIAWAN

ISTIAWAN said:

Read the NEWBIES thread second post in readiness (we mean now...this week) and go bookmark the latest thread by @Johny86 so you know what your first defence will look like.

So sorry - I new to this and cant seem to navigate to the latest thread by @Johny86  ??

I found it - yay

B789

@ISTIAWAN Hopefully, you now have renewed confidence in how this is going to progress. Sadly, it is highly likely that your efforts and research will be in vain as we all know that the scam duo of UKPC and DCB Legal will most likely discontinue at some stage before this ever gets in front of a judge.

As they say... Keep Calm and Carry ON.

ISTIAWAN

B789 said:

@ISTIAWAN Hopefully, you now have renewed confidence in how this is going to progress. Sadly, it is highly likely that your efforts and research will be in vain as we all know that the scam duo of UKPC and DCB Legal will most likely discontinue at some stage before this ever gets in front of a judge.

As they say... Keep Calm and Carry ON.

I do have new confidence - I am a little nervous still, as my evidence will be the same for all 11 claims, they have bunched them together now, into 3 claims as we have changed cars over the years.  

I am trying to find a little more about the primacy of contracts as my tenancy def doesn’t say anything regarding parking so this will be my first point.  
The management company have told me there is a 5 minute grace period but there is no evidence they have adhered with this so this will be my second point.

The main thing is trying to find the time to work / run a house / 3 kids / and find time to pull the evidence together. Just infuriates me that they can behave like this! 

1505grandad

"The main thing is trying to find the time to work / run a house / 3 kids / and find time to pull the evidence together. Just infuriates me that they can behave like this!"

They are well aware that most people have better things to do than deal with this scam:-

https://www.racfoundation.org/media-centre/private-parking-on-course-to-be-billion-pound-industry

Steve Gooding, director of the RAC Foundation, said:

“If only the rest of the economy was booming like the private parking sector, perhaps we’d all be feeling more prosperous.

“Private parking looks set to be a billion pound-a-year business, if it isn’t already, with demands for up to £100 a time being sent out to drivers at the rate of more than one every three seconds.

Le_Kirk

ISTIAWAN said:

I am trying to find a little more about the primacy of contracts as my tenancy def doesn’t say anything regarding parking so this will be my first point.  
The management company have told me there is a 5 minute grace period but there is no evidence they have adhered with this so this will be my second point.

What is the grace period for?  You live there, you have a tenancy/lease agreement/contract with nothing in your contract that specifies that you have to display permits or pay to a third party and nothing that says a third party can sue you for anything.  it is not a public car park and not attached to a supermarket or pub; grace periods normally allow an amount of time after the parking period ends to leave the area.  This does not fit with your situation.