Parking at my apartment

LawlessGoose · 12 October 2018 at 4:22PM

If the parking spaces are common why bother explicitly specifying one in the lease? That's the most pants on head stupid argument I've ever heard.

Fruitcake · 12 October 2018 at 7:22PM

Essentially as the landlord, it is within our gift to make changes which will enhance our residents’ quality of life. We would consider it reasonable, therefore, to introduce a parking enforcement scheme where there have been incidents of ‘trespass’ (non-residents using parking bays) reported to us.

Introducing a system that financially penalises a resident does not enhance a resident's quality of life, it does the exact opposite. How does penalising residents stop fly parking?
Why can't a white list be used instead of a permit scheme?

Have you determined yet whether the lease allows a third party cowboy scam company (our MP's words) to charge a resident and take them to court?

LawlessGoose · 12 October 2018 at 7:58PM

I'm confident that they can't but I don't know how to go about filing a case against them.

LawlessGoose · 6 January 2019 at 1:18PM

It's been quite hectic recently but I decided I'd get on top of this, New Year's resolution if you will. I've drafted a letter before claim for CMS, any advice would be appreciated. Can I claim for both breach of DPA and interference? The distinction I make is that the breach affects me personally whereas the interference is much more broad.

As you were previously made aware, I am the lawful occupier for the space allocated to the address above. You cannot issue charges against vehicles parked on this space yet you have issued 8 such charges against my vehicle (VRN XXXX XXX).

Firstly, you have trespassed against my vehicle on each occasion and for each I am claiming £1 nominative damages to a total of £8.

Secondly, you obtained my personal details in breach of your KADOE contract with the DVLA on each occasion and for each breach I am claiming £150 non-pecuniary damages to a total of £1200.

Finally, you are interfering with the contract that I have with the landowner for use of the space. For the continuous period from the 25th May 2018 (the date I became the leaseholder) to the date of this letter I am claiming £5 per day for loss of use. For example, no guests, contractors, delivery drivers, etc will park in the space due to your threat of charges and are forced to park elsewhere. This is a period of 226 days and so I am claiming £1130.

I would be happy to drop this claim if you drop your charges and cease operating on my parking space. No interest will be applied at any time to any amount. Please respond within 30 days after which, if the matter is not mutually settled, I shall proceed to issue a claim.

Umkomaas · 6 January 2019 at 1:33PM

I haven't read back over your entire thread, but did you enter a counterclaim with your defence and paid the appropriate filing fee, which if you amalgamate all those costs (£2,338) would amount to £105, or separately:

£8 = £25
£1,200 = £70
£1,130 = £70

Total £165

I'm not sure whether you can amalgamate, or as they are quite separate issues, you would have to pay separate filing fees. However, if the counterclaim isn't included in your original defence, it's a rather academic debate - as I understand the process.

The_Deep · 6 January 2019 at 1:48PM

I would be happy to drop this claim if you drop your charges and cease operating on my parking space.

Why? These scammers have no place in residential car parks. They have wasted a lot of your time, breached your DPA rights, trespassed on your property, and interfered with your leasehold rights to peaceful enjoyment, possibly an offence under the Landlord and Tenants Act, read this,

www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**[/url]

LawlessGoose · 6 January 2019 at 2:02PM

Umkomaas wrote: »

I haven't read back over your entire thread, but did you enter a counterclaim with your defence and paid the appropriate filing fee, which if you amalgamate all those costs (£2,338) would amount to £105, or separately:

£8 = £25
£1,200 = £70
£1,130 = £70

Total £165

I'm not sure whether you can amalgamate, or as they are quite separate issues, you would have to pay separate filing fees. However, if the counterclaim isn't included in your original defence, it's a rather academic debate - as I understand the process.

No claim has been issued against me so this isn't a counterclaim.

The_Deep wrote: »

I would be happy to drop this claim if you drop your charges and cease operating on my parking space.

Why? These scammers have no place in residential car parks. They have wasted a lot of your time, breached your DPA rights, trespassed on your property, and interfered with your leasehold rights to peaceful enjoyment, possibly an offence under the Landlord and Tenants Act, read this,

www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**[/url]

I've been debating this with myself. Ultimately, I just want to be left alone. I have been inconvenienced and this has been driving me up the wall but I see compensation as a bonus rather than the goal. I know people here would like to see them hit in the money where it hurts!

EDIT: in what way could they be committing an offence under LL&T?

Umkomaas · 6 January 2019 at 2:25PM

There's no cost to you issuing a LBC, neither are you committed to seeing it through. All a bit of cat and mouse.

LawlessGoose · 6 January 2019 at 3:46PM

I would be happy to drop this claim if you drop your charges and cease operating on my parking space.

I've decided to drop this part.

I've also dug out the title number from the Land Registry and included that so they can check that the flat is leased and that I'm the proprietor (same as leaseholder?). Surely they should check these things first...

EDIT: also added £1 nominative for each charge for trespass against the space itself.

Can the amount claimed increase from that stated on the LBC? E.g. if more charges are issued or they continue operating thus continue to interfere with the lease in the time between the LBC and the claim itself?

Parking at my apartment

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