PCN for parking on own property, from parking company contracted by building management company.

Le_Kirk

FUDbyDesign said:

I'm a leaseholder with a share of the freehold.  The decision was apparently made at an AGM attended by 20% of the leaseholders, and no others were consulted.

It has to be by a ballot, not at a meeting with a show of hands and it has to be 75% in favour with no more than 10% dissenting!

FUDbyDesign

I've been lax and just remembered I hadn't filed my defence yet.  I have until to tomorrow afternoon to do so, so I'm scrambling.  Sorry, that's entirely mea culpa.

So I have been modifying paragraph 3 of @Coupon-mad's template to fit my individual circumstances and I wasn't clear about what I should say about the dates of issuance of the PCNs.  I've looked through other threads and they seem to all say "Paragraph 2 is denied. No PCNs were issued on xxxxx". Surely these stupid PPC back-and-forths always kick off with the arrival of a PCN in the post, no?  What am I overlooking?  

FUDbyDesign

KoalaMSEF said:

MA often wants to shift the responsibility to the PPC. Don't let them. This is between leaseholder and MA per the lease. PPC is an unrelated third party, which has no place in the lease. 

MA tends to point out a sweep clause and insist that they have the right to appoint a PPC, which they don't. 

The landlord/freeholder needs to be involved to get this sorted. 

What makes the whole thing so stupid is that I'm one of 30 freeholders and the MA didn't ballot any of us on bringing in a PPC.  Anyway I'm tackling the MA issue separately to this but you're right that the lease makes no provision for such actions.

Coupon-mad

FUDbyDesign said:

I've been lax and just remembered I hadn't filed my defence yet.  I have until to tomorrow afternoon to do so, so I'm scrambling.  Sorry, that's entirely mea culpa.

So I have been modifying paragraph 3 of @Coupon-mad's template to fit my individual circumstances and I wasn't clear about what I should say about the dates of issuance of the PCNs.  I've looked through other threads and they seem to all say "Paragraph 2 is denied. No PCNs were issued on xxxxx". Surely these stupid PPC back-and-forths always kick off with the arrival of a PCN in the post, no?  What am I overlooking?  

The fact that the PCN was not issued on the date of the parking event, in DCB Legal claims. Which is what that sentence actually says!

UNLESS there was a windscreen PCN?

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail unless you have something important to say in defence. Which you do because it's a residential case. Examples of a paragraph about that are specially provided in the NEWBIES thread.  Slot that in as para 3.1. after the linked standard one.

FUDbyDesign

Another quick update.  Having emailed off my Defence (just in time!), I have now received the printed acknowledgement of receipt from HM Courts & Tribunal Services, dated 7th March.  

Half_way

If it's not been mentioned already, google UKPC vs Davey

FUDbyDesign

Evening, all.  So Easter has come early it seems: DCB Legal have sent me their (apparently bog-standard) response to my defence.  

------------------------------------

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.
In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.
Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.
If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

------------------------------------


The N180 questionnaire with their responses was also attached.  FWIW, here are their responses:

------------------------------------
C1 Do you agree that the small claims track is the appropriate track for this case? YES

D1 Do you consider that this claim is suitable for determination without a hearing, such as; by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision? YES

E2 Are there any dates within the next 3 months when you will not be able to attend your mediation appointment? NO

E3 Will you be using an interpreter for your mediation appointment? NO

E4 Do you believe you are vulnerable in any way or require any additional support that the mediator needs to consider? NO

E4 Do you believe you are vulnerable in any way or require any additional support that the mediator needs to consider? Claimant's home court

F2 Are you asking for the court’s permission to use the written evidence of an expert? NO

F3 How many witnesses, including yourself, will give evidence on your behalf at the hearing? 1

F4 Are there any days within the next nine months when you, an expert or a witness will not be able to attend court for the hearing? NO

F5 Will you be using an interpreter at the hearing either for yourself or for a witness? NO

F6 Do you believe you, or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider? NO

G1 Have you been advised of your right to give evidence in either Welsh or English? YES

G2 Will you and your witness(es) wish to speak Welsh or English at court or will both languages be used? English

G3 Will documents produced to the court during the case be in Welsh or English or some in Welsh and some in English? English

------------------------------------

Coupon-mad

None of it is relevant to you and nothing that we need to see. See the first 12 steps.

FUDbyDesign

I'm at Step 8 and filling in the DQ (N180) form as per recommendations in the Template Defence thread. However, I noticed that the DQ (version 11.24) contains a Section E which isn't mentioned in the template, relating to a mediation appointment.  Sorry for the stupid question but what is this "mediation appointment" - as opposed to the hearing?  Also is it advisable that I provide my phone number or can I leave that blank? 

Coupon-mad

But this is already explained in the second post of the NEWBIES thread section under a RED CAPITALS heading.