Link Parking Claim

Savosmee

Just FYI, they apparently sent LoC in relation to that new claim they issued, but they did that using an address that is not mine (which is also the case with the current claim anyway lots of correspondence I never received) so I never received the LoC from that one.

 I did query the address issue many times with BW Legal and they sent me a batch of document (like a week ago) among which was a LoC for the other vehicle for which they've issued the new claim now, but I never received their LoC or anything else, which I told them, as it was sent to a wrong address like months ago. I was drafting an email about these to them but haven't sent anything yet but this is so unreasonable.

However the new claim they issued they miraculously used my correct address, all their other correspondence is to a wrong address.

Savosmee

Claim 1 everything has been sent and the Hearing is when I return

Okay for Claim 2 I will create a new thread

Gr1pr

Issue an emailed data rectification notice to the DPO at the parking company, copy in b w legal DPO too, stating the correct address for the service of papers and they MUST ERASE the old address, use those highlighted words, add copies of 2 recent redacted utility bills as proof of the address, or a copy of the updated V5C etc, anything official with your correct address on it 

Savosmee

Strangely enough the Parking Company has always used my correct address, but when BW Legal started to contact me they decided to change the address.
In their WS in the current claim they say in relation to that that they have used "reputable tracing agency" to confirm my address, they don't provide evidence they don't name them even, and we can see that the NTK from their client was using my correct address...

I emailed BW legal about the address issue several times, initially they changed it for the current claim but only recently did I find out that for other PCNs they kept using the wrong address.

All was correct on DVLA, all NTK from Link are using my correct address, I never moved, absolutely no reason for them to change it midway

Gr1pr

So to stop any problems, reiterate your correct address to both DPO, like I said, belt and braces, regardless of the saga, just do it in order to be certain, I know I would, I wouldn't care about the previous, just the present and going forward 

Its one email with attachments to 2 email addresses, how hard can it be. ? 5 minutes work for peace of mind 

Savosmee

okay will do now thanks

Savosmee

https://forums.moneysavingexpert.com/discussion/6541464/bw-legal-issuing-a-new-claim/p1?new=1

Savosmee

Le_Kirk said:

Have you asked the management company or their agents WHEN, not if, a ballot of leaseholders/freeholders/tenants was carried out and was the result 75% in favour with no more than 10% against?

So I have received a response from the Management Company who are basically not responding to my question whether such ballot took place, they're saying that:
1/ the parking restrictions in place from Link are in line with the lease
2/ they only made one tiny change about the no return policy for the visitor bay (which therefore is not in line with the lease...)
3/ she ignores other things like the obligation to display a permit which is not in the lease
4/ she does not respond about the ballot because none take place I guess but she doesn't say so
5/ she says some residents asked for that and that they received no objections when they allegedly sent their letter to residents she claim in October 2022

Gr1pr

Reply and insist on the missing answers, mentioning that perhaps they should get legal advice because you intend to bring these matters up in court and the management company may be called as a witness and if they continue to be unreasonable then it could cost them dearly 

LDast

Don't be fobbed off by the response from the MC. You need to understand that it is not just a simple ballot or sending a letter to tenants or leaseholders.

Varying a lease involves an application submission to the First-tier Tribunal (Property Chamber), which is a judicial body. The process begins by completing the relevant application form. There is an application fee, which varies depending on the type of case. Applicants must provide supporting documents, such as a copy of the lease, correspondence, and any evidence that supports the case.

Once an application is submitted, the tribunal will acknowledge receipt and may provide preliminary directions. These directions will include deadlines for submitting additional evidence or responses from other parties involved. The applicant must give notice of the application to all relevant parties (e.g., other leaseholders, the landlord).

The tribunal may hold a case management conference to clarify issues, set deadlines, and organise how the hearing will proceed. Both sides will be required to submit their evidence and witness statements in advance of the hearing.

Hearings can be held in person, by telephone, or by video conference. In some cases, they may be dealt with on paper (without a hearing) if all parties agree. Both sides present their cases, call witnesses if necessary, and submit evidence. A panel of tribunal members, including legal and lay members with relevant expertise, will oversee the hearing.

The tribunal will consider the evidence and arguments presented before making a decision. This decision will be issued in writing, usually within a few weeks after the hearing. The tribunal’s decision is legally binding. If necessary, it can be enforced through the courts.

If a party disagrees with the decision, they can seek permission to appeal to the Upper Tribunal (Lands Chamber). Appeals are typically allowed on points of law rather than on factual disputes.

The tribunal is composed of legally qualified and lay members who have experience and expertise in property law and related matters. Applicants are the party initiating the tribunal process, usually the landlord or tenant, depending on the nature of the dispute. The respondents are the other parties involved in the lease or property dispute.

So, with this knowledge in mind, get back to whoever "she" is and ask her to pass your query to a grown up, preferably someone who is capable of providing them with legal advice and ask them again, when was your lease varied. Now that you know it can't be done with a simple mail-shot to the residents, you expect the MC to get their agents to cancel the PCN otherwise, as they are jointly and severally liable for the actions of their agents, they may very well find themselves needing their own legal advice should they allow this matter to get to court.