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  • FIRST POST
    • Drivebycar
    • By Drivebycar 27th Jul 18, 4:12 AM
    • 14Posts
    • 2Thanks
    Drivebycar
    Letter of Claim - Residential Parking Space
    • #1
    • 27th Jul 18, 4:12 AM
    Letter of Claim - Residential Parking Space 27th Jul 18 at 4:12 AM
    Hello All,

    I have spent the last 3 hours reading through the newbies post, searching the forum for similar situations and also on parking prankster as there were more relevant situations regarding residential parking charge notices. This was in an effort to avoid clogging up the forum with another post covering the same ground, however, I haven't been able to find another thread covering my specific situation, though if anyone is able to point me in the direction of one I am more than happy to take the initiative!

    So my situation is as follows:

    I am currently being chased for 3 parking charge notices issued for "failure to clearly display a valid permit". I am now at the "Letter of Claim" stage with BW Legal, but I will start with what I have done so far.

    I initially responded trying to get Norwich Traffic Control to drop the fines once Direct Correction Bailiffs sent their letters, my defence was as follows -

    To whom it may concern,

    With reference to Parking Charge Notices - 4000xx, 4001xx, 4001xx, 4023xx

    I am a resident at XXX and as such have the entitlement to park in Space xx as detailed below in a letter from XX Co Property Management Company. Also stated is the fact I have had valid car parking permits issued to my property for every year since purchase, up to and including 2017.

    I understand that Property Management Company have the agreement with NTC in order to prevent non-residents parking in residents allocated parking spaces.

    However, as mentioned above I am a resident in XX, so I look forward to the confirmation that these fines will be taken no further.

    Many Thanks,
    Oliver

    !!!59154;
    NC

    Norwich Traffic Control <norwichtrafficcontrol1@gmail.com>
    Mon 31/07/2017, 10:50
    Good Morning,

    Further to your email we can confirm you currently have 4 parking charges for your vehicle all for failing to display a valid permit.

    I can further confirm that this is the first written communication we have received from you in relation to these charges despite all 4 charges being affixed to your vehicle and 3 of the tickets having subsequent letters reminding you about the charges.

    The first three charges have been referred - as you will be aware - to Direct collection Bailiffs Limited for collection.

    Whilst the email confirms you are a leaseholder it does not negate the requirement to display a valid permit when parked on the estate.

    The last charge which is within the appeal period will be processed bu the previous 3 charges are far beyond the appeal period and will remain outstanding.

    I have copied in XX for continuity and for his information.

    Regards
    NTC


    They then sent evidence of the 4 photos showing no permit in the screen. The permit was displayed in a side window - the NTC signage contract stated the front left of the windscreen was the place to display the permit.

    As a resident it states in the lease my right to park in the designated space.


    So now I am at the Letter of Claim stage, which I understand is not yet a "Letter Before Claim" or any incarnation of such, however I know that this Letter of Claim requires a response, which I am looking to draft now in an effort to get them all dropped before court proceedings which are being threatened.

    I have until the 26th August to respond.

    As I have mentioned I am happy to go away and do any level of reading if there is an example of this situation before.

    The big issue is that I am currently travelling abroad for the forseeable future, so access to documents is difficult and I would love to avoid spending 1200GBP on a round trip ticket back to England just to fight these cowboys in court!

    Thank you in advance for your help.
Page 2
    • Drivebycar
    • By Drivebycar 30th Jul 18, 1:10 AM
    • 14 Posts
    • 2 Thanks
    Drivebycar
    Does the above response look good for a first step? Then bring all the evidence / defence in on the next contact?
    • Drivebycar
    • By Drivebycar 4th Aug 18, 1:48 AM
    • 14 Posts
    • 2 Thanks
    Drivebycar
    So I have just received a response on email from bw legal and wondering if I should respond to confirm this information? Any advice would be helpful.

    “Good Afternoon



    Thank you for your recent email, the contents of which have been noted on file.

    Should you wish to discuss this matter via email, please confirm the following:



    1.Please complete your full name



    2.Please provide first line of your address



    3.Please provide your postcode



    You can also contact us by signing In or registering to our Online Portal at www.bwlegal.co.uk.



    Should you have any queries please contact our office on 0113 323 4485.



    Kind Regards,



    bwlegal”
    • Drivebycar
    • By Drivebycar 5th Aug 18, 10:27 AM
    • 14 Posts
    • 2 Thanks
    Drivebycar
    As you have 4 tickets you should question the DVLA as to who obtained your details (using your VRM) and when. The PPC needs to have accessed your data on 4 separate occasions in order to invoke Keeper Liability. Give that date range from the first parking incident to 28 days past the fourth incident.

    Email the DVLA giving your full name and postal address, the full name and address on the V5C (logbook) and the vehicle's registration mark (VRM).

    SubjectAccess.Requests@dvla.gsi.gov.uk

    Turning to your response to the LBC - could you give us the date of the post from which you copied that, because some of the references in your reply have been superseded.
    Originally posted by Umkomaas


    DVOA response is as follows -

    hxxp://i1240.photobucket.com/albums/gg500/Drivebycar/7E1E3177-A820-4192-AD61-E3DF0A841948.jpg
    • Le_Kirk
    • By Le_Kirk 5th Aug 18, 10:29 AM
    • 2,997 Posts
    • 1,869 Thanks
    Le_Kirk
    Here is your link made live (after checking): -
    http://i1240.photobucket.com/albums/gg500/Drivebycar/7E1E3177-A820-4192-AD61-E3DF0A841948.jpg


    There seems to be only three separate enquiries!
    • Umkomaas
    • By Umkomaas 5th Aug 18, 10:36 AM
    • 18,916 Posts
    • 29,789 Thanks
    Umkomaas
    Were the dates you gave to the DVLA sufficiently 'long' enough to include the date of issue of the 4th ticket?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Drivebycar
    • By Drivebycar 6th Aug 18, 11:43 PM
    • 14 Posts
    • 2 Thanks
    Drivebycar
    Were the dates you gave to the DVLA sufficiently 'long' enough to include the date of issue of the 4th ticket?
    Originally posted by Umkomaas
    Yes they were at least up till 28 days after the tickets

    The dates on the notices where 21st & 22nd of April, and 1st May. So I asked for up until the 1st of June
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