UKPC 06/04/2018 windscreen PNC claimform- residential parking in my own space - forget permit ***Claim Discontinued***

[Ethel Street]

There's no reason at all why it would need to be recorded at the Land Registry.

Like all the other clauses that determine the rights and obligations of the parties for a Leasehold property the clauses will be in the Lease.

 

Of course the lease cannot be unilaterally changed by one party but that's not my point.

My question was whether such a clause was in OP's lease when he bought the leasehold.

A Landlord doesn't give away any significant rights if the lease allows the LL to make regulations to manage parking and the LL authorises a MA to contract with a PPC to do that. I don't agree with you it's rare for a lease to include that right. Every Leasehold lease I've ever been involved with (except 1) has it.

 

Obviously if the landowner has that right in the lease the PPC still has to prove on the facts of the specific case that they had authorisation from the landowner. They often can't and their cases fail for that reason. But if anyone can link a case where the a Judge has ruled that a PPC could not pursue charges even though they had proved they had authority from the landowner to do issue PNCs I'd like to see it.

 

And also the PPC has to get the signage right, meet the timescales, etc, and they frequently screw that up as well. So the existence of a lease clause allowing the LL to regulate parking is far from an automatic victory for the PPC. But if such a clause is in the lease then there is no guarantee the lessee will win a court case either, despite the impression given on the many posts here about this.

[dbuk2000]

Hi All

 

Really appreciate the messages. I have had a read through my lease, and taken a few pics of places where it says the management company can run the flat how they want.

 

There is nothing about needing a permit in there, there is also a little map of the parking lot, although it isnt the best print, so it has my space marked in a slightly bolder outline but you cant see the number on it. Not sure if this map is relevant at all.

 

There is also a letter from when I bought the flat in December 2016 which says that the lease is dated July 2009 which is when the block of flats was built.

 

says that the management company has the power to at any time vary estate regulations. This point is the most worrying for me.

 

Any advice as always is welcome

 

 

 

full lease.pdf

[dbuk2000]

Ok I will do so tomorrow.

 

Just an update that I tried to appeal, as it said I have 14 days, beginning with the day after the notice is given. I assumed that 14 days would be today, considering the notice was given on 04/09/2018. so the day after is 05/09/2018 and 14 days after that is today. I presume I will not get a Popla code now.

 

anyways it has the below message.

 

Unfortunately we are unable to accept this Appeal as the Parking Charge Reference number has now been referred to our Debt Recovery Team.

We request that you discuss the matter directly with them by telephone 0208 234 6775

 

Debt Recovery Plus

PO BOX 411

Dukinfield

SK14 9DD

 

Email: [email protected]

[renegadeimp]

DOnt worry about what they say. They will never accept an appeal. They wont make any money if they did.

[dbuk2000]

But I wanted to at least get a paper trail and a popla code. I know that the chances of them accepting are slim to none. I am going to email their customer service team purely to get it on record that I did appeal before the 14 day period was up.

[zydeco]

But you have a paper trail, they have refused to consider your appeal and already passed it on to DRiP.

Also, where did the NTK only give you 14 days to appeal? UKPC are BPA members who give 28 days.

 

Oh, doesn't that part of your lease (pic 2) make you a member of the management. company? Order UKPC to back off.

[ericsbrother]

utter waste of time, all you will do is give them ideas about how soft a touch you appear to be.

 

 

But I wanted to at least get a paper trail and a popla code. I know that the chances of them accepting are slim to none. I am going to email their customer service team purely to get it on record that I did appeal before the 14 day period was up.

[dbuk2000]

Hi All

 

I ended up getting into an argument with UKPC over the appeal date, as they said I had 14 days, from the day after the letter date, I took that to be 15 days from the date of the letter. thats neither here not there now, so they didnt let me appeal, and now I received yesterday in the post a letter from Debt Recovery Plus.

 

I presume this is just another empty threat, I am inclined to send a letter to DRP saying that I refuse the debt.

 

I have attached the letter as a PDF.

I know most people here will tell me to just ignore them, but I hate stress and at least want it shown if it ever goes to court that I did make an effort to get this cancelled.

 

Any advice is appreciated.

 

FYI on my second NTK I did appeal to UKPC and just said that I own the spot so to cancel the ticket.

Debt Recovery.pdf

Edited September 23, 2018 by dx100uk
Spacing

[dx100uk]

Total waste of time

As was arguing about some stupid time limit that mean nowt in the first place

 

They have no power to dictate anything.

 

I gather youve not been reading other thread s then in the downtime?

[ericsbrother]

what have you been told about dca's? they are rentamouths and nothing more. start doing your homework on this and read a load of other threads in both private parking and debt collection.

 

 

You now at least know we were telling you the truth when we said appealing would be a waste of time, all you have done is given them the idea that you think their demand is legitimate in the first place, it isnt for many reasons.

Nothing you do or say will make them change thier demands but no bit of paper sent by some twonk living in a portakabin in a pub car park can hurt you so learn to relax a bit and let them waste their money on stamps.

Edited September 24, 2018 by honeybee13
p

[dbuk2000]

Hi All

 

Looking for some advice. 

 

Over the years I've received numerous letters from different companies chasing for payment and just ignored them as per the advice given at the time.

 

Today I received a claim form from the county court and need some advice on how to tackle it.

 

Any advice would be helpful 

 

 

[dx100uk]

please complete this:

 

 

[Homer67]

Are you still in the same property as at the beginning of this thread?

 

If so then you still have supremacy of contract, go read the example case that was given when you started the thread.

 

No one can charge you for parking on your own property!!!

[Homer67]

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

 

[Ethel Street]

2 hours ago, Homer67 said:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

 

 

That links to the  Davey v UKPC [2013] case but that case isn't relevant to OP's situation (assuming OP lives in the same place as when the thread began).

 

Mr Davey owned his parking space Freehold and it was marked as owned by him on the Land Registry plan. So no-one could charge him for parking there.

 

@dbuk2000does not own his parking space Freehold.  He owns it Leasehold. Whether the Freeholder can require him to display a permit or charge him for parking there depends what his Lease says, which has never been established on this thread. It's common for leases of Leasehold property to include requirements about parking.

 

In any case Davey would have little or no legal value as a precedent in any future court hearing because it never went to trial and no judgement was issued.  It was settled by a Consent Order (in Davey's favour) when the PPC did not contest it. 

[dx100uk]

@dbuk2000

you need to interact with the thread and get that sticky done if you want our help

you have a claimform you cant leave thing a week without actioning AOS (by day 19) /CPR.

 

you only have 33 days!! get moving!!

[dbuk2000]

 Apologies I have had a really rough week (not an excuse I know), so I will be prioritising this now.

 

Also are you sure its 33 days, its a little confusing.

 

One section where it states "time allowed to reply to this claim". This one is 14  + 5 days after issue date so 19 days

 

Im a little confused on how to reply as they give a link which is www.moneyclaim.gov.uk and I am given a password and told to use the claim number as the username. However if I go to the link then the login page tells me to sign in using a government gateway user ID.

 

Thanks for any help.

[dx100uk]

you need to get this link done , 

 

 

 

everything is explained in it inc HOW to calc your timeframe.

 

 

 

[dbuk2000]

Which Court have you received the claim from ? County Court Business Center

 

Name of the Claimant ? UK Parking Control Limited

 

Date of issue –  26/01/2022

 

date  to acknowledge) - 16/03/2022

 

date to submit defence - 02/03/2022 

 

Particulars of Claim

 

What is the claim for –

.

1. The Defendant (D) is indebted to the Claimant (C) for Parking Charge(s) issued to vehicle PF09HYR at East Croft House, 86 Northolt Road, South Harrow, HA2 0ES. 

 

2. The PCM details are 23/07/2019, leaving the PCN number out for privacy.

 

3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parking in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s)

 

4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. 

 

5. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.

 

AND THE CLAIMANT CLAIMS

1. £160 being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment.

3. Costs and court fees

 

What is the total value of the claim? £295.16
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I have received some threatening letters from companies but no notifcation of a claim that I can recollect,
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No
 

When did you enter into the original agreement before or after April 2007 ? N/A
 

Do you recall how you entered into the agreement...On line /In branch/By post ? N/A

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? N/A

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 N/A

Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A

 

Did you receive a Default Notice from the original creditor? N/A

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? N/A

 

Why did you cease payments? N/A

 

What was the date of your last payment? N/A

 

Was there a dispute with the original creditor that remains unresolved? N/A

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A

 

Claim Form.pdf

 

I am doing the acknowledge of service.

 

One option is I can tick the box to contest jurisdiction of service.

 

The court address is in Northampton, whilst i live in Harrow, so can I tick the box to get the jurisdiction changed to one in London or is it better to leave it as is?

 

Any guidance appreciated.

 

Thanks

[dx100uk]

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.

Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...

You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

[dbuk2000]

Ok thanks I've done the AOS.

 

Regarding sending the CPS I do have a phone number on the claim form for the but not an email address. Is there any particular contact method you recommend?

 

Thanks

Edited February 10, 2022 by dx100uk
unnecessary previous post quote removed

[honeybee13]

Are you sure about the dates in post #70. I see you've already done the AOS and aren't using the date you calculated but I think your defence is due before March.

 

HB

[dbuk2000]

 

HI HB

 

Thanks for the spot. You are right the 27th Feb is the deadline for the defence.

Edited February 10, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

 do you not read sticky/instructions threads properly??

 

defence is due by 4pm 25th as 27th is a sunday, courts close at 4pm for w/end.

 

re CPR..you do NOT ever use email for ANYTHING if you have a court claim, esp to the fleecers.. royal mail only!!

[dbuk2000]

Apologies I do read but clearly not properly enough. 

 

wow thats interesting I would have thought email is there electronic track record, but with letter they can "claim" they never received it. I will send the CPR off tomorrow to the address given on the claim form for the claimant.

 

Regarding the defence just checking that its fine for me to use the moneyclaim.co.uk site?

 

 

Edited February 11, 2022 by dx100uk
unnecessary previous post quote removed