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    • Hello, Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point. Facts- - I own the flat and the parking bay that comes with it. - The management company have hired a separate company (LinkParking) to manage the parking. - I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else. - My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit- I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before. Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it. We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below- I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS. I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets. The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner. Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties. The Parking Charge Notice constitutes an invoice for payment. Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt. As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable. I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay. I look forward to hearing from you. We have now received the following response today- The operator made their prima facie case on 27/01/2020 14:10:48. The operator reported that... The appellant was the driver The appellant was the keeper The operator is seeking keeper liability in accordance with PoFA.. A manual ticket was placed on the vehicle The ticket was issued on 29/12/2019 The charge is based in contract The Operator made the following comments... The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met. The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation. We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA. In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this. I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best). I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything. What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!! I really hope I haven't messed it up too much and this can be salved. Any help for a response is greatly appreciated! Thanks!
    • Yes DX, both come up as Cap 1, one a classic Card and the other a Mastercard. 
    • Now that you have the proof - I think its time to consider taking legal action against the Bank.  Remind me who made the decision at the FOS? Adjudicator or Ombudsman? 
    • I would be starting by sending Plusnet a SAR and gather all your data......one DD for two accounts...alarm bells ringing.   Andy
    • Its easier if you wait until you get the claimant's statement...then you can use this as a guide on the points they will rely on and then simply respond by refuting or agreeing or offering alternative argument.   Problem is they tend to leave it to the death and you dont have time..or they wait for yours first then counter your points.If they fail to serve a statement at all then thats a good sign that they are getting ready to discontinue the claim....   Here is an example...and I stress example ....no use to you apart from showing you the usual layout into and conclusion.   Witness statement Lob.pdf
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mak1968

advise please re private LL witholding full deposit pre deposit scheme 2007

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Hello all,

Im really hoping someone maybe able to help with this.

We were privately renting a property because it was next door to my parents. We took up residency in 2005 signed agreements and paid £850 deposit. Landlord had never rented out before and used standard rental agreement print-offs from internet.

The place was old and needed work when we moved in, we accepted this and did general decorating ourselves. however conservatory leaked like a sieve, had a dangerous old boiler in place which was subsequently replaced with a refurbed equally old one. the garage roof also leaked badly and was never repaired. radiators were broken and unfixable due to age and plate glass was in situ, rather than safety glass. Landlord claimed poverty so we muddled through.

We signed just 3 lease renewals for the whole period even though they were only 6 month leases.

In march this year LL served us notice to leave as he could no longer afford to keep the property and needed to sell, we arranged to move in 2 mths (at his request) and not the standard 3 mths notice we should have had and he kept the FULL deposit stating repairs were needed. (We had replaced carpet 2 mths before we were given notice, and had decorated as required so apart from the repairs he already knew needed doing when we moved in there was nothing else needing doing.)

He kept the deposit to resell the house and has refused any kind of return of deposit to us.

Is there anything we can do?

We are responsible adults (im a 3rd yr student nurse) my husband is a truck driver and we have 2 teen chidren both in further education so would never have taken advantage or left the house in a poor state.

Im so hurt and maddened by his actions but know he wont have secured the deposit as it was pre 2007.

Is there anything at all we can do, or should I just put it down to experience?

thank you.

:)

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i would say stay there and dont pay rent untill you find a new place.

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I would like to know the answer to this too.

My son moved out of private LL accom last month and not had his deposit back, LL just ignores his calls and letters

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hi debtbutt, we had to move out, so are already living elsewhere. its magic how hes done the house up on our cash! painted outside, repaired garage etc....... :(

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Nomally you collect the diposit and then you hand over the key.

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Debtbutt - I have never heard of any responsible landlord do that.

 

Staying and withholding rent is terrible advice.

 

With the greatest of respect (and I really do mean this in a nice way) dont advise unless you know what you are talking about at least a little bit - your advise is frankly wrong and potentially at the detriment of the OP.

 

Sorry, now that that is out of the way. OP - I am going to hazard a guess that you never signed any inventory upon moving in? This one sounds cast iron to be honest and a VERY easy win (although you may have to sue).

 

Alf - the situations will differ from circumstance to circumstance. If you post a new thread with some details for me, I'll be happy to help :)


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Sue via Small Claims route for full return of deposit.

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thanks for the advise people, mrshed, no we didnt sign an inventory before we moved in, there was nothing in the house tbh.

I guess I have to go to our local court? to get papers? Im not really sure where to start actually, and I probably wouldnt even bother if it wasnt for the fact that my mum lent us the deposit money in the first place, and I obviously want to pay her back, even though she says to forget it.

If someone could very kindly tell me where I need to go to get the ball rolling I really would be grateful.

 

thanks again.

:)

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Send an LBA in the first instance (do a quick search of this forum for details). Would post up an example but as the formatting is broken on here itll look hideous. Give them 7 days to repay, or you will take them to court. That should at least get the matter firmly within his eyesight.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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thank you once again mrshed. I shall get cracking, shame money is such a spoiler, but its the principle I guess.

:)

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Post up your letter here before you send it if you want, I'll proof read.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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My comments only apply if the premises are entirely within England and Wales, and you were granted a shorthold tenancy (under which you - and your spouse/partner/children, if any - have exclusive use of a seperate dwelling, which is not shared with another tenant nor with the landlord), and you were over 18 years of age when the tenancy was granted, and the rent is less than £2,083 per month.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Tenancy Deposit

 

If you paid a deposit before 2007, the tenancy deposit scheme does not apply:

 

Tenancy Deposit Scheme

 

 

If the tenancy has ended you can sue for the return of your original deposit, as a contract debt, in the county court.

 

It's likely that a landlord, faced with a claim for repayment of the deposit, will allege disrepair by the tenant in order to try to persuade the court to let him keep it.

 

 

Tenant's Repairing Obligations

 

The tenant has a duty to treat the property in a 'tenant-like manner'. This is defined by the Court of Appeal in the leading case of Warren v Keen [1953] 2 All ER 1118, CA.

 

Basically, the tenant must take proper care of the premises, and must repair damage to the premises caused, wilfully or negligently, by him, his family, or his guests.

 

But if the house falls out of repair owing to fair wear and tear, lapse of time, or any reason not caused by him, then the tenant will not be liable to repair it.

 

 

If the landlord alleges damage, he must prove it.

 

If there is no check-in inventory, the landlord really doesn't have a leg to stand on; so the tenant is in a stronger position where there is no check-in inventory.

 

The landlord is not allowed to improve the premises through "betterment" (replacing an old or worn item with a brand new one).

 

Likewise, the tenant is not liable for the cost of cleaning or repairing an item which was already soiled or damaged before the tenancy began. A check-in Inventory can be evidence that an item was already in bad repair before the start of the tenancy.

 

 

Also read this document - Fair Wear and Tear

 

It explains some aspects of the law regarding fair wear and tear, applying the principle that a tenant is NOT liable to pay for the cost of remedying ordinary wear and tear.

 

This link gives examples of what is fair wear-and-tear, and what is not:

 

http://www.rta.qld.gov.au/print_page.cfm?menuItemId=510.00

 

 

Also, the landlord can't ask the tenant to pay (i.e. out of the deposit) for the cost of repairs which the law requires the landlord to do. What those repairs are is explained in this FAQ -

 

Disrepairs in privately rented accommodation

 

A detailed analysis of the landlord's repairing obligations, prepared by a Barrister in 2010, is set out at -

 

Interpreting Repairing Covenants

 

 

Any deposit paid at the beginning of the tenancy belongs to the tenant. So the burden is on the landlord to prove that any deduction from it is justified.

 

Read the FAQ about what deductions the landlord can lawfully make from the deposit -

 

Unfair deposit deductions

 

 

There is a vast amount of additional information about the tenant's legal rights in cases of disrepair on the website of Shelter, the housing charity -

 

Repairs and Bad Conditions

 

 

 

Letter Before Action

 

If you intend to sue, then once the tenancy has terminated you can consider whether to write a letter before action [LBA], threatening to sue, giving the traditional 14 days notice.

 

This is what you might say -

 

Dear Sir,

 

Premises at _______________________

 

With regard to my tenancy, I require you to refund to me the full rent deposit which I paid, in the sum of £_____.

 

If I have not received the total amount of £_____ within fourteen days from the date of this letter I will commence a claim in the County Court for that amount without further notice to you.

 

Yours faithfully

 

Keep a photocopy of the letter. Send the original by 1st Class post, and obtain a free 'Certificate of Posting' at the Post Office counter when you hand it over.

 

 

Court Forms

 

Form N1 is for claiming the original deposit only.

 

Money Claim Online is a cheaper online method of claiming on form N1.

 

 

The current Court fees are set out at:

 

Court Fees

 

 

Read the Court Service's leaflet How do I make a court claim (Form EX302), which contains detailed guidance on suing in the County Court.

 

Also, the Business Link website provides much useful information about pursuing a County Court case.

 

 

The outcome of a Court case is never certain.

  • Confused 1

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

If you've found my suggestions useful, please click on my star and add a comment

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