Court defence DCB Legal for parking charge at my residential car park

Dodgeviper76

Car1980 said:

Dodgeviper76 said:

Car1980 said:

The contract states "Vehicles must park in the correct marked bay and clearly display an authorised permit in the windscreen"

This clearly means flat owner 1 can't park in flat owner 2's space. Or flat owner 1 must display a permit if they park in their own bay.

Whether the lessees have rights over those spaces is a separate issue, but find out what your lease says anyway. Or find it from another owner-occupier. Because despite this, you'll probably want to see if they can be kicked off site.

But an owner's vehicle parked in a visitors space isn't a breach of the contract. It doesn't say "Flat owners must not park in the visitors spaces."

"Correct marked bay" means a numbered bay. 

Even if they were arguing otherwise:

Consumer Rights Act 2015

Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Thank you for your reply. I will try find my tenancy agreement to see what it says. Just to add, my sister who lives with me has a permit that says the flat number and she parks in that space, the landlord gave me another permit with an A after the number of the flat and said I can park in visitor bays with that

Not the tenancy, the lease. Sounds like you are renting, so get it off your landlord or another owner-occupier in the development.

Thank you, I will get in touch with landlord and ask for a copy of the parking situation part of the lease.

Dodgeviper76

Coupon-mad said:

Gr1pr said:

So its Bay Sentry via DCB Legal , issue date 7th August,  deadline date is 4pm on 9th September 

The claim will likely be discontinued by the new year, as long as you defend it & follow the process.

  

Hi, thank you for your reply, I’m struggling a little to understand which defence it is. Would it be the new one with 10 paragraphs? And do I just copy that and then put down in paragraph 3 that my permit was displayed? 

Coupon-mad

Yes. Easy, innit?! Show us your draft para 3. However you need MORE about your right to park and less about the permit.

Read other residential defences. There is one linked in post 2 of the NEWBIES thread you can plagiarise a paragraph from.