PCN notice for parking in my own space at a rented property

B789

And most "thug" bullies don't like it when they are confronted. I still suggest the response I suggested above which will, hopefully send them/him a signal that you are not to be messed with.

Half_way

One thing to add, each time you mention "parking company" or the parking company name, do not forget to pre fix it with the term un regulated .

 So VCS become the Un regulated parking company, VCS .

 The term Parking company sounds a little to respectable, also at the other end from a legal point of view you cant  technically call them scammers, even if their practices are beyond what you would call sharp.

 However un regulated parking company sets things up for what they are , you can also add that the IPC is not a regulator but a private mebers trade association set up to protect its members interests ( the un regualted pakring companies) and that the IAS is not independent either , nor does it comply with The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

Mouse007

Personally I would go for the jugular here.

When confronted with an attack like that “your manner towards me is appalling” I would hit back even more robustly.

It is I that is being threatened, it is I that is being pursued, it is I that is under threat of Court action, it is I that is being harassed by demands for money and being bullied, intimidated and now being fobbed off by YOU.

YOU brought these people in, YOU engaged them, YOU are responsible for their actions and YOU did so without any legal authority.

How the hell do YOU think YOU have the right to interfere with the legal rights I have under my lease?

I expect YOU to deal with the consequences of YOUR actions

Your options are to CANCEL the PCN or fight a civil case as a joint defendant with the landlord for derogation of grant - a breach of contract - which is substantially interfering with my rights under my lease to park in my space.

YOU are responsible for YOUR actions. The only appalling thing here is YOU, not me.

cc of course to the landlord

Mouse007

Ben191197 said:

I think my main concern now before I respond is that the MA considers all this a "threat", and I'm not entirely sure what their rights are. Do they have any rights to take action against me as a tenant if I keep pushing against? Whether that be legal action or something relating to my tenancy?

This is contract law, nothing else. Do you have a contact with the MA? That is do you have an agreement to do something in return for something - with them?

I suspect not. I suspect the MA have a contract with the landlord to service the agreement (contract) that you have with the landlord. That is the MA is an agent of the landlord.

In which case push ahead, you are the one being terrorised by a PPC introduced by the landlord’s agent in breach of your tenancy agreement.

B789

I would still go with my suggested email but perhaps fit into it something along the lines of:

In light of your recent comment that my manner towards you is "appalling," I would like to remind you of the circumstances surrounding this issue. It is I who am being threatened, pursued, and harassed with demands for money. It is I who face the possibility of court action and the stress that comes with being bullied, intimidated, and dismissed by you.

It is crucial to remember that you are the one who brought this unregulated company, VCS, into our lives. You engaged the unregulated private parking company without any legal authority and are now responsible for their actions. Given this reality, it is astounding that you would question my frustration and concern.

You must ask yourself how you believe you have the right to interfere with the legal rights I hold under my lease. It is time for you to deal with the consequences of your actions, as it is you who are responsible for this situation.

Your options are clear: either cancel the PCN or be prepared to fight a civil case as a joint defendant with the landlord for derogation of grant – a breach of contract – which significantly interferes with my rights under my lease to park in my space.

I must emphasize that you are responsible for your actions, and the truly appalling aspect of this situation is not my response, but rather the circumstances you have created.

Umkomaas

the truly appalling aspect of this situation is not my response, but rather the circumstances you have created.

I particularly like that final thrust of the rapier. 

pinkelephant12

It might be a good idea to remind the managing agent that their insurance policy will require them to notify their insurers as soon as they become aware of a potential claim.  The timescale varies, but it is often within 14 days.  That might help them to realise the seriousness of the issue.

Fruitcake

pinkelephant12 said:

It might be a good idea to remind the managing agent that their insurance policy will require them to notify their insurers as soon as they become aware of a potential claim.  The timescale varies, but it is often within 14 days.  That might help them to realise the seriousness of the issue.

Good point. I think they also have to "come clean" about any disputes if/when any property is to be sold, although I don't know if this applies to rental properties as well.

Ben191197

Many thanks for all the suggestions. I emailed back to the managing agent over the weekend and took on board some of the things said here, and pushed them to take action. They responded this morning asking me to supply all the PCNs that I received, and they have been in touch with VCS and asked them to supply photographic evidence. Whether this means VCS are going to cancel the charges.. I don't know? My concern is that as I mentioned in my original post, there probably is clear photographic evidence against me regarding the permits, although I know the issue goes deeper than that and isn't really just about the permits as such.

As an aside, due to my complaints they have also had VCS removed entirely from the property, which is also a win in itself that I was not expecting. Again though, I won't be satisfied until the charges are cancelled. Whether this gives me any leverage in the matter I'm also unsure.

Coupon-mad

"As an aside, due to my complaints they have also had VCS removed entirely from the property, which is also a win in itself that I was not expecting."

Do you now have it in writing that VCS have been removed as a result of complaints?  That can be mentioned in a defence!  Well done on this massive achievement, going forward.