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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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I don’t know where to post this, mods / admin feel free to relocate.

 

Please bear with me, if this looks to long to read, there is a possibility my car may be written off following an accident, I don’t have the funds to purchase a 2nd hand car, yet I need a car as I work shifts, and have to travel 20 miles away from home, due to my shift pattern, public transport is not an option and my employer is not the “Caring kind”

 

I’m on a DMP with CCCS, my credit rating is zilch, so I’ve no idea what to do.

 

Without my car, I have no job, no job means no mortgage payments, no mortgage payments means no home, god, I’m so, so, stressed out with worry I could cry, I’ve suffered from nervous breakdown previously, I’m frightened to death of entering that road again.

 

After the initial few months agro with creditors, my DMP has now settled down and my creditors have left me alone, that last thing I need is my DMP to fail

 

At present I have a curtsey car whilst my car is awaiting a report on it.

 

In the event of me losing my car, I doubt there is much I can do, I’ll have to accept the consequences, but there are many knowledgeable members on here, I’m praying someone has a suggestion or can point me in the right direction towards a positive outcome.

 

Thank you for taking the time to read my post

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Hi, yes this is the wrong place, but I have asked that this be moved to the insurance forum where knowledgable people will be able to help you.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi Lulu

 

It’s not so much an insurance issue I have, my problem is trying to get a car, given my credit rating and DMP status, that’s what I’m hoping someone can suggest / direct me.

 

Sorry I never made it clear in my mixed up post, I'm not thinking clearly.

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Has liability been determined if there is another party?

Can your employer provide a sub (if suitable)?

Is there anyone who could give you a lift?

Cycle?

And when you say public transport is not an option do you mean you dont want to consider it or that its impossible to get to and from work by such?

 

If your car is repairable then you will get it back an should be able to keep the courtesy car until then. If it is a total loss then the insurer will provide money to replace it or sometimes (depending on insurer / age of car and value) replace the car themselves.

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Thread moved to insurance forum. I think this is the most appropriate forum.

 

Sorry if this I am missing something here but if the car is written of then surely you can replace it with the payout from the insurance company?

Freaky, you're correct, I should get a payout from the insurance, you know what, my mind is all over the place, that hadn't even entered my head.

 

Sorry for any confusion.

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Has liability been determined if there is another party? .

No, I checked with the highways agency, and they are unable to trace where the debris came from.

Can your employer provide a sub (if suitable)?.

No, there not that kind of company, i.e, they don't give a ****e about there employees.

Is there anyone who could give you a lift?

Cycle?.

No, due to the times of my shift pattern.

And when you say public transport is not an option do you mean you dont want to consider it or that its impossible to get to and from work by such?.

It's impossible to get to work via public transport, the bus service only operates during office hours.

If your car is repairable then you will get it back an should be able to keep the courtesy car until then. If it is a total loss then the insurer will provide money to replace it or sometimes (depending on insurer / age of car and value) replace the car themselves.

My car is 7 years old so not worth much, this is where I'm getting stressed, I don't I'd be able to buy anything decent for around £1000, and due to my credit status / DMP status, I'm sure I'd have difficulty trying to get a car.

 

Thanks for your reply.

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You would be amazed at what you can buy for £1000 at the moment.:)

 

You will definitely get something to get you to work and back.

 

Stole my thunder FL.

 

The car market is as dead as the housing market.Dealers are struggling & many families are having to offload second cars.

 

It's just the timescale where you may have problems and actually getting around to look for one.

 

Can you crash out at a work mates place for a while if necessary?

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You would be amazed at what you can buy for £1000 at the moment.:)

 

 

The car market is as dead as the housing market.Dealers are struggling & many families are having to offload second cars

Do you know, I hadn't looked at it like that, that's made me feel slightly better, thanks.

It's just the timescale where you may have problems and actually getting around to look for one.

Yes it is, if they write my car off, they will take away the free curtsey car, it's that time scale that's bothering me, thanks to you both for your words of support.

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If it is written off purely for economical reasons (i.e - it would be OK to repair (safe) but would cost a lot) you could ask for a cash in lieu and maybe take it to a cheaper (but trustworthy) repairer who would.... provide a courtesy car whilst they repair yours! Ask your insurer.

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