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BIDDIDOO

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  1. My elderly parents have rented a house to a lady and her aunt for approximately 15yrs. The lady was the original tenant who after a short period of time asked if her aunt could move in and share the rent, buy making her contribution in her entitlement to housing benefit.This was agreed and for many years things have ticked along, although the tenant has on many occasions allowed the paid proportion of the rent get into arrears. The house is now in need of some repairs, the tenant has been pointing this out for quite a while, but due to some illness my parents have been slow to carry out the work. The tenant has now engaged a solicitor who is writing to my parents and making demands. My parents are quite willing to make the necessary repairs but the tenant has been difficult and refused access to workmen on 2 separate occasions. The workmen were there to give estimates for necessary jobs. Her argument was that they didn't have ID (Fair enough) but on both occasions they were accompanied by my father (an elderly sick gentleman) who had engaged them. The solicitor continues to write with complaints and the tenant is becoming increasingly non compliant. It's a bit of catch 22 and I feel there may be a hidden agenda... (why complain about repairs and then refuse to allow those people who going to carry them out in to assess the job) There is no current tenancy agreement, and the rent is in arrears (she has been underpaying for a period of approximately 6 months) During the summer, she complained about blocked gutters and asked if she got the work done herself could she deduct the cost from the rent. this was agreed subject to a receipt being supplied. She has since refused to supply the receipt. The solicitor has now stated that she is reporting my parents to the landlords licensing association and the local council. They have been given a list of repairs, (uploaded). Given that the tenant is being so difficult and that they are more than willing to do what is necessary it's beginning to feel a little like harassment. They want to engage a solicitor themselves and I'm wondering how necessary it is. Do they need to prepare themselves for legal action? Are all of the repairs their responsibility? (difficult to have the cash when the rent is in arrears) How should they respond? I've uploaded letters sent but the solicitor is also emailing fairly constantly with over dramatic complaints about the slightest little thing.... My parents are both in ill health and very worried about this matter
  2. Thank you. I did take further pictures (uploaded) and shall now formulate my defence based on your helpful pointers. cag rwu.pdf
  3. I get what you are saying and I really need to file my defence but am still unsure of exactly what it should say? I have now also taken a picture of the entire row of shops but am Unsure what my 3 line defence should be at this stage. Sorry to need it completely laying out for me, but I just don’t Want to get it wrong....
  4. sounding good. I have taken more photos and hopefully made the whole thing clearer. Image list: 1 – front of the row of shops – indicating parking at rear. 2 – Entrance to rear of shops / parking area 3 – the rear area 4 – rear area 5 – the rear of the restaurant with the “parking at rear” sign on the front of the shop indicating my parked position (parked as such due there being obstructions / rubbish preventing parking closer to the wall) 6 - a parking sign from CPM nothing to do with the restaurant 7 - a parking sign from CPM 8 – No parking bay, designated area, nor road markings of any type. cag phl photos.pdf
  5. No sign at entrance no parking meter. actual signs shown in post 31
  6. I've been and taken further pictures of the site. Signs are displayed as indicated on the Photos provided by uk car park management, The new proprietor of the shop continues to engage uk car park management, but isn't the owner of the building or land. Shall I contact the land registry to find out who actually owns the land, before I go down he no contract could be or was formed route.....
  7. Thanks Eric's brother. Will get photos today. In terms of my 3 line defence. Should it be something along the lines of: No boundaries are indicated as to where parking is supposedly enforced. Evidence submitted not clear - pictures do not show position of vehicle in relation to entire communal space. The tenants of the building have no authority to create such a contract ( I will confirm this later today)
  8. Just heard back from Gladstones. They have enclosed the same documents as in post 31 a copy of ths parking charge notice and the covering letter which can be seen in the attached PDF. wHAT SHALL i DO NOW?
  9. Have done as advised on MCOL and used the template - made an error in my initial post as the claimant is UK car park management and not gladstones. I am instructed to send documents to gladstones though. Letter's in the post. Worried about getting a CCJ.... Doc1.pdf
  10. I received a PCN on 14th March 2018. Eventually gladstones became involved and I wrote to them on 03 December 2018, following the advice of CAG. I did not receive a response until 03 May 2019 which opened: 'Thank you for your letter dated 03/12/18, the content of which has been noted. We apologise for the delay in our response however, as no further action has been taken we trust you agree no prejudice has been suffered as a result' it then went on to demand £160 within 30 days. It contained a copy of the signage at the site. An Aerial photo showing where the signs are located Two pictures of my parked vehicle (which include dates and times Pictures attached) I ignored it. I've now received a claim form from the county court business centre. I have attached it at the bottom so you can see the particulars of the claim. In order for us to help you we require the following information:- Name of the Claimant ? UK Car Park Management claimants Solicitors: Gladstones Date of issue – 17th July 2019 What is the claim for – The driver of the vehicle parked in breach of the terms of parking stipulated on the signage (the contract) at 54 Pensby Road Wirral. ch60 7re on 14/3/2018 thus incurring the parking charge. (the PCN) tHE DRIVER OF THE VEHICLE AGREED TO pay the PCN WITHIN 28 DAYS of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as driver/keeper of the vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. What is the value of the claim? £176.18, court fee £25 legal costs £50 Total amount £251.18 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? The claim is issued by the claimants legal representatives - Gladstones. Were you aware the account had been assigned – did you receive a Notice of Assignment? - yes Interestingly, It appears that UK PARKING MANAGEMENT NO LONGER MANAGE THE SITE and in fact were instructed by a single business owner who no longer trades there. ( there are several businesses along the stretch of road who back on to the area) There is apparently some discussion from other business owners that the land was never actually theirs to enforce...… I assume this is relevant in my defence?
  11. Thanks Ericsbrother. So shall I just not respond and continue this game of brinkmanship?
  12. Hi, Gladstone Solicitors Update: I have received a new letter from Gladstones, (attached hopefully) and a second copy of the original letter sent to me. They have not acknowledged my letter to them. I appreciate your good advice as always ... thank you gladstone 17 12 cag.pdf
  13. Hi Caggers, after reading the info on the link provided by stu007, and taking on board the advice from king12345. I separated the problems, Item 1: The Canopy. Item 2: The service charge. [1] The Canopy: I wrote to them on 23rd Nov, I have made it very clear that I strongly object to the construction of a new canopy, and a warning that any construction should not be attached or secured to my property. This makes it impossible for them to hang it up there anyway (copy of letter attached) They replied same day stating " Thank you for your email, I will discuss this with xxx next week and revert in due course" 17/12/18 I am still waiting for a reply. *********************************************************************** [2] The Service charge: I have requested supporting documentation / receipts for the charges listed on my service charge invoice, all of their figures seem "very rounded", They replied with "In terms of documentation, this is the first year that a service charge has been run, as such the only documents that I currently have available is the SC budget that you are in receipt of. " I have again requested copies of supporting receipts on 11th Dec as this is 30 days after the initial request and they have not replied. copy mo letter cag.pdf
  14. I've posted my letter and obtained proof of postage - I shall let you know how I get on. Thanks for all help thus far
  15. Hi, ok I'm trying ... but obviously I'm here because sadly, I don't know what I'm doing, I searched using the red toolbar and that's what I found, so, here's another attempt, more in my own words.. Gladstones Solicitors The Terrace High Leigh Park Golf Club Warrington Cheshire WA16 6AA 3rd December 2018 To whom it may concern I am in receipt of your letter before claim dated 12th November 2018 regarding REF: (the ref number). Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon. I would point out that as parking was unauthorised there is no contract to breach, you are clearly wasting your clients money and should cease this pretentious piffle immediately. I would strongly advise you to cease and desist your vexatious communications, any further action on your part will be vigorously defended Your actions are entirely premature and a waste of costs and court time Is that any closer to what I should be doing ? p.s. dx100uk, I know you asked for the postcode, am I supposed to include it or something? thanks again people for your help
  16. To whom it may concern, I am in receipt of your “Letter Before Claim “ dated 12th November 2018. Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon. Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with Please treat this letter as a formal request for all of the documents/information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol. I require your client to comply with its obligations by sending me the following information/documents: 1. an explanation of the cause of action 2. whether they are pursuing me as driver or keeper 3. whether they are relying on the provisions of Schedule 4 of POFA 2012 4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated 5. Is the claim for a contractual breach? If so, provide a copy of that contract bearing my signature. Or is the claim for trespass? If so, provide details. 6. a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 7. a plan showing where any signs were displayed 8. details of the signs displayed (size of sign, size of font, height at which displayed) 9. Details of the additions to the original charge, what that represents and how it has been calculated. If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and © and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol. Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided. Yours faithfully
  17. Thank you ericsbrother and dx100uk, I really appreciate your help, 1/ I did recieve a PCN on my windscreen 2/ The Postcode of Pensby Rd is: CH60 7RE 3/ here is the information I found, is this suitable? Gladstones Solicitors The Terrace High Leigh Park Golf Club Warrington Cheshire WA16 6AA 2nd December 2018 To whom it may concern, I am in receipt of your “Letter Before Claim “ dated 12th November 2018 received 14th November 18 Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon. Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with. Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6©) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat and therefore [/s[ this letter as a formal request for all of the documents/information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered. As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol. Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol. I require your client to comply with its obligations by sending me the following information/documents: 1. an explanation of the cause of action 2. whether they are pursuing me as driver or keeper 3. whether they are relying on the provisions of Schedule 4 of POFA 2012 4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated 5. Is the claim for a contractual breach? If so, provide a copy of that contract bearing my signature. Or is the claim for trespass? If so, provide details. 6. a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 7. a plan showing where any signs were displayed 8. details of the signs displayed (size of sign, size of font, height at which displayed) 9. Details of the additions to the original charge, what that represents and how it has been calculated. If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and © and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol. Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided. Yours faithfully Thank you
  18. Gladstones have written to me with a final letter before court action. Giving me 30 days... Is this what you are referring to?
  19. Think I've managed to do it correctly this time. parkingchargefinal.pdf
  20. Thanks for you willingness to help and for merging the threads Not sure of the relevance of my previous browsing? Have I done something wrong? was hoping to be able to find answers without bothering people but am merely bamboozled. After much searching I have now found the original notice. The charge was issued on the wirral, in Heswall, Pensby Road. behind some shops on a main road. Have I answered all questions? Happy to go and take photos of the signs if necessary. I ve answered the other questions in my earlier post - do I need to do them on the template and post that?
  21. Having received a parking invoice for parking on private land from UK Parking Management LTD, I failed to respond or appeal. Eventually, I got a letter demanding £160.00 I called them upon receipt and asked for copies of the original invoice (which I had mislaid) and some other information (such as the address of the parking company - so I could write to them directly). All of my requests were (quite rudely) refused and I eventually received a letter from them saying as it's at the debt recovery stage they were unable to consider any appeals. I received letters from DRP on 24/5/18 8/6/2018 13/6/2018 25/6/18 All requesting payment in one way or another. I ignored them all. In July 18 I got a letter from Gladstones solicitors saying the had been instructed by UK car park management in relation to the debt. Most recently (12th November 2018) I got a 'LETTER BEFORE CLAIM' from Gladstones saying they have now been instructed to commence legal action to recover the £160.00. It say is includes £60 for the time and resource spent facilitating the recovery of the debt. The letter gives me 30 days to respond. Date of infringement : 14/3/2018 Appeal: No - but contacted them in May asking for copy documents and was refused. Later received a letter saying as it was at debt recovery stage they were unable to consider any appeals. The NTK did provide photographic evidence but I have since mislaid it. I therefore have no idea if it mentioned POFA, but am fairly sure it did. Do not know the date it was received but it was within the correct timescales. The car parking company: UK Car Park Management Is it now time for me to Pay up?
  22. Hi, following the advice of King12345 I will address these issues seperately.. Item1: I requested that the canopy construction be removed, and have now had a response from Mason Owen, the estate agents representing the leaseholder. They say that they will remove the canopy. However I have concerns; [1] They say they intend to rebuild the canopy at a higher level, above my windows, I do not want this as the view will again be seriosly affected, replacing my current view of the sky with a view of corrogated plastic, placing me inside some kind of corrogated greenhouse! Temperatures in summertime will be unbearable. They also state clearly that I will be charged for this new construction. "The canopy benefits the entire building, and as such will be charged as a service charge cost" [2] There will be damage to my window frames when they remove the current construction, what can I do? [3]I mentioned that I would be looking to replace the windows at some stage in the future, they said ... "It has been noted though that if you wish to install new windows it will be easier to do at the time of the canopy being replaced, I would therefore be grateful if you could confirm if you intend to replace your windows at the same time as the canopy removal" I fear that after the new construction, if I cannot stop it, it will be difficult to replace my windows at a time when it is finacially best for me to do it, is there any way I can stop this construction happening? To clarify, the windows in the photos are a small part of a set of windows which span 2 sides of my building, offering a view across the local town. thanks you and any advice is greaty appreciated, these people have me worried.
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