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OttoHampel

UKCPS - Miah Solicitors - Parked in Own Space!

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Hi all,

 

Firstly, apologies for starting a new thread. I have read all the sticky threads and as much as I can on other websites/forums, but I'm still not clear on the best course of action. Any advice would be massively appreciated.

 

I rent a flat, which has an allocated parking space. Unfortunately, I was not provided with a parking permit badge by the letting agent or landlord when I moved in. There are UKCPS signs in the car park, but as I was a tenant and had an allocated parking space, did not really pay them any attention. UKCPS have since issued three charges (charges on the windscreen and NTKs all received). These were issued in August and September 2015.

 

I wrote in response explaining that I was a tenant (and providing a copy of a utility bill and lease agreement), but there response was simply to state that any time for appeals had elapsed and the charges stood. I did not bother with an IAS appeal, based on the comments on forums such as this.

 

I am now at the stage where I am receiving letters from Miah Solicitors stating that unless payment is made "...we will take our Client's instructions regarding how they wish to proceed which may include considering issuing legal proceedings."

 

The main questions I have are:

1) How likely is it that this will proceed to court?

2) What action should I take now?

 

I have asked the Property Management Company to clarify their arrangements with UKCPS and asked them to request the charges be cancelled, but they have not been especially helpful so far. I have read my tenancy agreement and unfortunately it does not specifically refer to the parking space (but it is numbered, i.e. specifically allocated to the flat.

 

Sorry for the long post and many thanks for any help!

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Hi and welcome to CAG

 

As this is UKCPS, they don't follow the guidelines set out in the Protection Of Freedoms Act therefore they will be very un likely to take court action

 

As it is, Your tenancy agreement has supremacy over the them. You have the right to that space and if the landowner or the agent cannot be bothered to issue you a permit, that is there problem.

 

I would write to the people who have taken on UKCPS and complain to them.

 

Can you find out who the landowner is.


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Thanks for the response, that's reassuring to know that court action would be unlikely.

 

 

I assumed/hoped that the tenancy would surely have supremacy.

 

 

I have spoken to the owner of the flat, but am unsure who actually owns the communal car park land.

 

 

I will try to find this out, possibly through Land Registry.

 

 

I'm not sure if the Property Management Company or the landowner have employed UKCPS,

but will try and find out and complain to them as advised.

 

 

I was considering replying to UKCPS and/or Miah Solicitors, but will not do that then.

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Ignore UKPCS and MIAH totally, your tenancy agreement has ultimate supremacy over any contract the PPC has with the land owner.


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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I would fire off a letter to Miah's telling them that the space is yours alone, UKPCS are trespassing and that if they want to see the inside of a courtroom it will be as defendants in a harassment suit, not as claimants and it wont be the first time.

If they respond with the usual blather about you ahve to obey the signs ignore as you ahve created the paper trail that damn them. Chances atre this will be the last you hear.

Miahs are acting as a debt collector and not in the capacity of a solicitor so nothing to really worry about.

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I would fire off a letter to Miah's telling them that the space is yours alone, UKPCS are trespassing and that if they want to see the inside of a courtroom it will be as defendants in a harassment suit, not as claimants and it wont be the first time.

If they respond with the usual blather about you ahve to obey the signs ignore as you ahve created the paper trail that damn them. Chances atre this will be the last you hear.

Miahs are acting as a debt collector and not in the capacity of a solicitor so nothing to really worry about.

 

Make sure you tell them that if they enter your property again to attach things to your vehicle you will claim against them for trespass.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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