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    • 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.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
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Neighbour reversed into me now refuses to provide details


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I recently parked my car to load it up with rubbush for the recycle centre. As I got out of the car my neighbour reversed back and damaged the back of my car. He admitted liability and said we would sort it out.I then went on holidays and on my return asked for his insurance details, he said he would look. I left it a couple of weeks and asked again at which point he said he couldnt find the details?? then the conversation went along the lines that I wasnt insured because I was on double yellow, which I replied was total crap. Our conversation ended with him telling me I wont get a penny and I have left it too long to claim.I contacted my insurance company and they tell me without his registration details their hands are tied and to contact the police for assistance. I have done so but the police say exactly the same, without the registraion details they cannot do anything.I havent seen the van since and would suspect it could be his work companies van. Another hope I had is that my friend was there on both occasions when the incident happened and the conversation with him suggesting I was in the wrong because I was on double yellow. The police say unless my friend knows the reg. details that having a witness is of no benefit. I cant believe even having a witness is of no benefit.Can anyone advise me what to do next if anything, its such a frustration as I stupidly felt that my neighbour of 6 years wouldnt behave like this. Any advice would be greatly appreaciated, even if its to state that I was completely naieve and stupid not to detail the reg. at the time of the incident.

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I can't think of an easy or ideal way of dealing with this, unless you can find out the reg no. for the van. Perhaps he should not have had the van at his home address or he was not insured to drive it on the day in question, so does not want to help you. You could stitch him up or try to, by finding out his employers details and write to the HR Manager or MD of the business stating what happened. Ask them for the reg no. of the van that was allocated to him on the date of the accident and the details of the Insurance. In the unlikely event they provided the information, you could then make a claim direct with the relevant Insurers.

 

If you can't get the reg no or Insurance details, if you have comprehensive cover, you will have to consider whether you need to claim against your own policy. Obviously consider any loss of NCD, the excess and future premium increases.

 

Alternatively obtain some legal advice about making a small court claim against the neighbour. If you have an independent witness that might help you. Before you take such action, you would need to send the neighbour a letter before action enclosing an estimate for the repairs and giving them 21 days to pay the amount or you will issue court proceedings against them. In the letter, advise them to pass on the letter to their Insurers, as this will be a requirement of his Insurers.

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Have you had your car repaired?

 

Have you the invoice for the repairs?

 

Regardless of what the neighbour and plod say you are well within your rights to claim damages back from him, if you go through the small claims track.

 

Write to the belligerent fool with a copy of the cost of repairs, state that you will be happy to accept his proposals for repayment, failure to do so, by a certain date (give him a month or six weeks) will result in you seeking further legal advice with a view to pursue the matter through the courts.

 

If after you have sent the fool this letter, which I would recommend you send via recorded delivery, and he fails to reply, then send him a Letter Before Action (LBA) outlining exactly what will happen if he fails to repay you the money he owes.

 

This will be the form of a small claims court, with costs and interest added.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Write to him and request his reg and insurance details.

 

Point out that failure to provide details is a criminal offence pursuant to S.154 of the Road Traffic Act 1988.

 

You gotta ask yourself why plod didn't suggest this? Not a revenue earner for them clearly!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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