Contest in court OR accept landlord's offer to pay PCN? (District Enforcement/Residential Parking)

PrezvanRat26

prowla said:

I'm curious as to why the landlord would offer to pay the charge - surely the parking company is their agent (direct or by proxy) and so subject to their instruction?

He owns the flat I live in. I am a tenant. Parking is dealt with by the company brought in by the Residential Management Company responsible for the block.

Le_Kirk

Ask your landlord when, not if, the ballot of all tenants/leaseholders/freeholders was carried out allowing changes to leases and bringing in a parking company.

Coupon-mad

It's not the flat owner landlord who inflicted this misery. It's the MA or RTM company. 

prowla

My logic is that the landlord contracts the management company and the management company contracts the parking scammer; therefore the landlord should be able to give instructions to the management company.

Coupon-mad

Leasehold landlords don't contract MAs.

I owned a leasehold flat once, which I kept and let out and I didn't contract the MA. The freeholder of the overall land/building did.

Coupon-mad

PrezvanRat26 said:

Hypothetical follow up question:

Would I be able to include the Residential Management Company in any potential counterclaim, and would it be worthwhile?

Just as I may mention doing so in this next complaint to them. I was beyond livid when I found out they'd sorted someone else's PCN after they repeatedly told me they can't get involved...

This poster sued a PPC successfully, then also sued (and won against) a residential RTM company for DPA 2018 breaches:

https://forums.moneysavingexpert.com/discussion/6421843/i-sued-a-parking-company-and-won/p1

PrezvanRat26

Coupon-mad said:

PrezvanRat26 said:

Hypothetical follow up question:

Would I be able to include the Residential Management Company in any potential counterclaim, and would it be worthwhile?

Just as I may mention doing so in this next complaint to them. I was beyond livid when I found out they'd sorted someone else's PCN after they repeatedly told me they can't get involved...

This poster sued a PPC successfully, then also sued (and won against) a residential RTM company for DPA 2018 breaches:

https://forums.moneysavingexpert.com/discussion/6421843/i-sued-a-parking-company-and-won/p1

Interesting. If I'm completely honest, I don't have the time nor the inclination to pursue this to such a degree, and the last thing my partner and I need is more vindictive grief off the Management Company. However, having thought about it my intention at this point is to:

1. Before anything else, get the landlord/letting agent to send me the parts of the contract/lease pertaining to parking and their rights to change the contract/lease, etc. and when the most recent version of the lease was dated as that will inform how much of a chance I have I suppose - just on the off chance it says all along that you need to have a permit or DE can fine you or whatever...

2. Contact the management company to ask them to get DE to cancel one more time, especially as I know they have done for other, with the added note of I will defend the case if they let it go that far, I (based on point 1) will win and in the event of any counterclaim, as the principal I will be including them and that I will be contacting my MP about the PCN issue and the other punitive fines and threats I've had from the Management Company.

3. Email the solicitors on the day before the deadline they provided me (July 24) using the template in the newbies thread plus other information.

4. Go from there - it either gets cancelled, DE back off, or we go to court...

I'm sure there's plenty of info/reading, but I suppose one part I am unclear on is on what grounds I would be counterclaiming!

Coupon-mad

Make sure you do this:

Attach a copy of the permit again to your reply and finish by telling them to tell Mr Kurpil to cease and desist with this harassment of a known resident.  State that you intend to counterclaim for not less than £600 if they proceed.

The counterclaim would be for damages for severe distress arising from harassment, having no lawful justification or legitimate interest to penalise a known to be permitted resident, plus continuing to process your data contrary to the Data Protection principles in UK GDPR and the DPA 2018.

PrezvanRat26

Coupon-mad said:

Make sure you do this:

Attach a copy of the permit again to your reply and finish by telling them to tell Mr Kurpil to cease and desist with this harassment of a known resident.  State that you intend to counterclaim for not less than £600 if they proceed.

The counterclaim would be for damages for severe distress arising from harassment, having no lawful justification or legitimate interest to penalise a known to be permitted resident, plus continuing to process your data contrary to the Data Protection principles in UK GDPR and the DPA 2018.

Amazing. Thank you.

The letter from the solicitors says any response after July 25th could be too late and proceedings may have begun, so I assume leaving it until the 24th to email will be OK? 

PrezvanRat26

Back again!

I need to email the solicitors soon and am out all day tomorrow so getting sorted today (even though the landlord is yet to send across the parts of his contract pertaining to parking (albeit he did say that he's "pretty sure" there's nothing in there re: parking permits...)).

Therefore, I am just going to use the template email, along with the extra bits I've been instructed to add previously in this thread re: the reasons why the PCNs aren't legitimate and the fact that I'd be looking to counterclaim if they proceed (and the reasons for doing so).

However, in looking at the template email to send, there's just one bit I'm unsure about:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

Who are the 'you lot' and what does the amount refer to? Is is the additional costs the parking company added on top of the initial £80 PCN? Or is it referring to the 'estimated solicitors' costs'. I only ask as this is addressed to the solicitors, so it'd be them being referred to in that passage above?

Thanks!