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DCB Legal - Response to first email

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Comments

  • Snayl86
    Snayl86 Posts: 36 Forumite
    Second Anniversary 10 Posts Name Dropper
    " Had you of paid as per the Contract,......."

    Which ppc did you not of paid?
    I'll ask that in my response 😂
  • Snayl86
    Snayl86 Posts: 36 Forumite
    Second Anniversary 10 Posts Name Dropper
    I wouldn't.  This is a waste of time that I stopped one excitable poster doing a couple of years ago as it was such a waste if everyone's time, not least the Defendant.

    Revenge is a dish best served cold by the DLUHC.
    Oh I intend to go to court (if it gets that far). Just figured that one email to show I'm not playing their game and to make a point that I've asked three times under what legal authority they're invoicing me. If they come back with guff, it'll go to the judge. If they don't come back, it'll go to the judge :-:smile:
  • Coupon-mad
    Coupon-mad Posts: 161,292 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 June 2023 at 5:14PM
    Snayl86 said:
    " Had you of paid as per the Contract,......."

    Which ppc did you not of paid?
    I'll ask that in my response 😂

    I would do a REALLY SHORT response - including that question - and ask how they got a job at a so-called solicitor firm.  Tell them to refer to the response in Arkell v Pressdram.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Why do you think I keep harping on about the intellectual malnourishment within these firms?
  • 1505grandad
    1505grandad Posts: 4,415 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 6 June 2023 at 7:44PM
    "" Had you of paid as per the Contract,......."
    Which ppc did you not of paid?"

    Just a reminder as outstanding  -  is it similar to UK parking cons unlimited?
  • Snayl86
    Snayl86 Posts: 36 Forumite
    Second Anniversary 10 Posts Name Dropper
    Snayl86 said:
    " Had you of paid as per the Contract,......."

    Which ppc did you not of paid?
    I'll ask that in my response 😂

    I would do a REALLY SHORT response - including that question - and ask how they got a job at a so-called solicitor firm.  Tell them to refer to the response in Arkell v Pressdram.
    It was VERY short.

    Clause 5.2 of my tenancy agreement: To allow the Tenant quiet enjoyment of the Property and designated parking bay during the tenancy without any unlawful interruption from the Landlord or any person lawfully claiming under or in trust for the Landlord.

    I've got them over a barrel on this one ;-) 
  • Snayl86
    Snayl86 Posts: 36 Forumite
    Second Anniversary 10 Posts Name Dropper
    Response from the property management company:

    Good morning

     

    Unfortunately if this was from 2019 there isn’t much we can help with now, especially if the debt has now been passed over for recovery.

     

    With regards to tickets they must be on display clearly at all times, it is the responsibility of the car owner to make sure it is securely on display in the car and check that it hasn’t fallen off the dashboard. Did you contact HFH or appeal at the time you were issued the ticket?

     

    We are happy with Secure A Space as it stands and rarely have any issues, however if you wish to put your concerns in writing we can put this forward to the director.


    I don't even know where to start with this one, what an absolute joke!

  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Remind them that they are jointly liable for the actions of their agents and that you are challenging the PCN all the way to court, so they may want to inform their legal department/solicitors that they could be called as witnesses at any future hearing. Also remind them that, according to your lease which, has primacy of contract, has no reference to any obligation to fettering by any third party and you only ever displayed a permit as a courtesy.

    If they would like to challenge the above, ask them to show you all documentation and evidence that they followed all legal procedures to change the terms of your and your neighbour's leases according to the Landlord and Tenant Act 1987, Section 37 5(a) or 5(b). If they cannot, remind them that you will expect them to attend any subsequent court hearing should the Claimant be so poorly advised by their robo-claim, intellectually malnourished solicitors.

    Finally, explain to them, as they have no right to alter your lease and there is no obligation to display a permit, you expect them to inform the PPC that your VRM must be put on a whitelist so the PPC do not repeat their mistake and face a subsequent claim for trespass, which again, mean that they are jointly liable for the actions of their agents.

    ...or words to that effect.
  • Snayl86
    Snayl86 Posts: 36 Forumite
    Second Anniversary 10 Posts Name Dropper
    B789 said:
    Remind them that they are jointly liable for the actions of their agents and that you are challenging the PCN all the way to court, so they may want to inform their legal department/solicitors that they could be called as witnesses at any future hearing. Also remind them that, according to your lease which, has primacy of contract, has no reference to any obligation to fettering by any third party and you only ever displayed a permit as a courtesy.

    If they would like to challenge the above, ask them to show you all documentation and evidence that they followed all legal procedures to change the terms of your and your neighbour's leases according to the Landlord and Tenant Act 1987, Section 37 5(a) or 5(b). If they cannot, remind them that you will expect them to attend any subsequent court hearing should the Claimant be so poorly advised by their robo-claim, intellectually malnourished solicitors.

    Finally, explain to them, as they have no right to alter your lease and there is no obligation to display a permit, you expect them to inform the PPC that your VRM must be put on a whitelist so the PPC do not repeat their mistake and face a subsequent claim for trespass, which again, mean that they are jointly liable for the actions of their agents.

    ...or words to that effect.
    I'm having to tread carefully as they are the same property management co I have for my current property (and the same cowboy parking lot)

    Honestly, where do they get off?!
  • 1505grandad
    1505grandad Posts: 4,415 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    @B789 -  as your posts are seen and answered (mine are not) would you mind posting and ask the OP who the ?#*k the (and the same cowboy parking lot) are?. After 4 requests the answer may be useful as to the way forward, if only to know which AoS member they are. Thanks.
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