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

KeithP

A letter that only giving 14 days notice is not a Letter Before Action as described in the Pre-action Protocol for Debt Claims.

The fact that it came from DCB Ltd rather than DCB Legal Ltd is further confirmation that it is nothing more than a debt collector's letter.

FUDbyDesign

KeithP said:

A letter that only giving 14 days notice is not a Letter Before Action as described in the Pre-action Protocol for Debt Claims.

The fact that it came from DCB Ltd rather than DCB Legal Ltd is further confirmation that it is nothing more than a debt collector's letter.

Thanks for that.  I wasn't aware that there's already a defined protocol for debt collection.  I also didn't know of the existence of DCB Legal Ltd - will watch out for that.

FUDbyDesign

Fruitcake said:

Debt collectors are powerless and can safely be ignored.

Remind the MA that they are jointly responsible for the actions of their agents, the PPC, and they will be joined in any legal action should the PPC take you and any other residents to court.
Have you read up on the Landlord and Tenant Act 1987 for the requirements that must be made for an application to vary a lease to be made? Part IV Section 37 applies. Note that application must be put to all landlords and tenants.

Apathy amongst other residents is your worst enemy. They need cajoling and having things spelled out to them about the likelihood of them being taken to court as well, and that the values of their properties will be devalued by the infestation of this or any parking company.

Have you and any other of the like minded residents thought about forming a fightback group? Some residents have used leaflet drops and Facebook groups to do this with some success.

Thanks.  Yes, good point about the MA's joint responsibility. I guess that means if it goes to court, they'd in effect be taking legal action against a customer... on behalf of said customer?  

Regarding the variation of the lease, they are thus far refusing to consider it as such. Their !!!!!!-backwards thinking is that because it's not written in the lease agreement, it is not a variation of the lease.  I've pointed out that their action represents a material and unauthorised variation of the lease.  Will update the thread when I get a response from them, but they are always so s-l---------------------o-w.  

Coupon-mad

Out of curiosity, has anyone heard of Capital Car Park Control actually having taken someone to court and won?  

No.           

FUDbyDesign

Morning, all.  Just a brief update to keep this ticking over.  As expected, the "Notice of Debt Recovery" for one of the PCNs arrived from DCB Limited (not DCB Legal) with the demand jacked up to £170.  As per the guidance given on the MSE forum, I am ignoring it. 

Interestingly, the reason they have given for the contravention is that I was "Parked causing an obstruction of any kind" which is very different to what the PPC has been claiming.  I suspect they don't even bother to read the PCNs that they follow up on. 🤷‍♂️

Meanwhile, MA is still ducking my questions.

Also, just to illustrate how egregious these insufferable leeches are, my dad was visiting the other day and he parked up in one of the visitor parking bays with his permit card displayed prominently on his dashboard.  They still sent him a PCN, and the photos they themselves took even show the permit card sitting there!  You really can't make this sh*t up.  I've appealed, obviously, but seriously what a bunch of utter shysters.  

Half_way

Take a look at UKPC vs Davey if you haven't already and point the management company at it reminding them that they are jointly liable for their agents actions

Coupon-mad

FUDbyDesign said:

Morning, all.  Just a brief update to keep this ticking over.  As expected, the "Notice of Debt Recovery" for one of the PCNs arrived from DCB Limited (not DCB Legal) with the demand jacked up to £170.  As per the guidance given on the MSE forum, I am ignoring it. 

Interestingly, the reason they have given for the contravention is that I was "Parked causing an obstruction of any kind" which is very different to what the PPC has been claiming.  I suspect they don't even bother to read the PCNs that they follow up on. 🤷‍♂️

Meanwhile, MA is still ducking my questions.

Also, just to illustrate how egregious these insufferable leeches are, my dad was visiting the other day and he parked up in one of the visitor parking bays with his permit card displayed prominently on his dashboard.  They still sent him a PCN, and the photos they themselves took even show the permit card sitting there!  You really can't make this sh*t up.  I've appealed, obviously, but seriously what a bunch of utter shysters.  

You need this bunch of shysters OUT.

Fruitcake

FUDbyDesign said:

Fruitcake said:

Debt collectors are powerless and can safely be ignored.

Remind the MA that they are jointly responsible for the actions of their agents, the PPC, and they will be joined in any legal action should the PPC take you and any other residents to court.
Have you read up on the Landlord and Tenant Act 1987 for the requirements that must be made for an application to vary a lease to be made? Part IV Section 37 applies. Note that application must be put to all landlords and tenants.

Apathy amongst other residents is your worst enemy. They need cajoling and having things spelled out to them about the likelihood of them being taken to court as well, and that the values of their properties will be devalued by the infestation of this or any parking company.

Have you and any other of the like minded residents thought about forming a fightback group? Some residents have used leaflet drops and Facebook groups to do this with some success.

Thanks.  Yes, good point about the MA's joint responsibility. I guess that means if it goes to court, they'd in effect be taking legal action against a customer... on behalf of said customer?  

Regarding the variation of the lease, they are thus far refusing to consider it as such. Their !!!!!!-backwards thinking is that because it's not written in the lease agreement, it is not a variation of the lease.  I've pointed out that their action represents a material and unauthorised variation of the lease.  Will update the thread when I get a response from them, but they are always so s-l---------------------o-w.  

The opposite is true. If it's not in the lease, then adding it is a variation.

You could try sending the MA a LBC to concentrate their minds. Suggest that they should seek legal advice, and warn them that if the court finds in your favour, and they fail to pay, a CCJ could affect their ability to obtain credit. Copy and paste the exact words used by the PPC and/or their debt collectors.
You would then have six years to make a claim if you so wished.

Coupon-mad

I wonder if this is something that the Leasehold Advisory Service might be able to look at?

FUDbyDesign

Half_way said:

Take a look at UKPC vs Davey if you haven't already and point the management company at it reminding them that they are jointly liable for their agents actions

This is great.  Thank you, I will do exactly that.