CCJ from DCB Legal for parking in own space

Car1980

You should get it back if you can demonstrate at the hearing that they have not followed the V5C address, especially if you wave the red booklet at the judge. 

h2g2

If you own the parking space you should certainly go after the management company who put a PPC in place to try to recover any losses you don't get back.

- Do they have authorisation to collect parking charges on your space? Normally only the "owner or occupier" of that space can do so.

- Does the leasehold agreement allow them to collect fees for parking? If not, how have they amended the contract to add £170/day charges to a patch of land that is normally <£20/year ground rent.

- Does the leasehold agreement give them permission to collect your personal data (e.g. your VRM) on your demised premises? If it doesn't, how can they derogate a right they don't have to an agent?

- Does the leasehold agreement allow them to take you to court? It's pretty common that RMCs and RTMs can't actually sue residents for lack of payments or damages arising from a breach of the leasehold themselves; they can only report breaches/non-payments to the freeholder to pursue. If they don't have the standing to sue you, how can they derogate that standing to a PPC?

Half_way

your should be looking at reclaiming your expenses and costs against the management agents,  depending upon the answers to the above.
keep a record of how much time your spending on all of this as well

Yan_Aage

h2g2 said:

If you own the parking space you should certainly go after the management company who put a PPC in place to try to recover any losses you don't get back.

- Do they have authorisation to collect parking charges on your space? Normally only the "owner or occupier" of that space can do so.

- Does the leasehold agreement allow them to collect fees for parking? If not, how have they amended the contract to add £170/day charges to a patch of land that is normally <£20/year ground rent.

- Does the leasehold agreement give them permission to collect your personal data (e.g. your VRM) on your demised premises? If it doesn't, how can they derogate a right they don't have to an agent?

- Does the leasehold agreement allow them to take you to court? It's pretty common that RMCs and RMTs can't actually sue residents for lack of payments or damages arising from a breach of the leasehold themselves; they can only report breaches/non-payments to the freeholder to pursue. If they don't have the standing to sue you, how can they derogate that standing to a PPC?

There's nothing in the lease about parking charges as there was no permit scheme in place when the complex opened, They just brought in a PPC at a later date. I'll have to have a read of it when I'm off work for the other points. The management company have actually just been replaced due to their general incompetence and mismanagement of the place.

Coupon-mad

None of that matters yet because you won't be defending against the 2 PCNs until after the CCJ is set aside. And maybe not at all as DCB often drop cases afterwards.

Due to this fact you can apply for a mandatory CCJ set aside and ask the court to order that the Claimant repay your £303 fee:

 the address DCB Legal have is incomplete. My apartment number and block name isn't on there. Just the street address, town and postcode.

A fairly easy mandatory set aside case. Copy from the WS and Draft Orders in the threads by:

@icy_fox

and

@Brightonrock123

Yan_Aage

Car1980 said:

You should get it back if you can demonstrate at the hearing that they have not followed the V5C address, especially if you wave the red booklet at the judge. 

Unfortunately my V5C doesn't have my apartment number and block name on either. I don't know why. I've never supplied my address without my apartment number why would I? I don't know what has happened. Just checked my driver's licence out of interest that does have my apartment number on.

Coupon-mad

So you won't be showing the V5c!

Read the NEWBIES thread about what to do first. You haven't mentioned reading that advice yet and sending the email first.

KeithP

Yan_Aage said:

Car1980 said:

You should get it back if you can demonstrate at the hearing that they have not followed the V5C address, especially if you wave the red booklet at the judge. 

Unfortunately my V5C doesn't have my apartment number and block name on either. I don't know why. I've never supplied my address without my apartment number why would I? I don't know what has happened. Just checked my driver's licence out of interest that does have my apartment number on.

The keeper's address can be updated online at the DVLA's website. Best get that done anyway.

owl86

Do you have replies to your appeals from UKPC with your correct address on? This would show they knew your full address before the claim. 

Yan_Aage

owl86 said:

Do you have replies to your appeals from UKPC with your correct address on? This would show they knew your full address before the claim. 

Yes no same again no apartment number.