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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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PCM windscreen PCN - failed to show permit - in own "right to park"


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For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement? 4/9/17

2 Have you yet appealed to the parking company yet? [Y/N?] Y (stupidly enough to negate my Pofa)

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide

 

has there been a response? Y - appeal rejected

 

5 Who is the parking company?Parking Control Management (UK) Ltd (“PCM”)

6. where exactly [Carpark name and town] did you park? Right to park in own development ("London City Island" according to lease. Paid £30k for it and MC just washed off their hands

 

There is a clause in the lease that might make my case slightly different to the precedents that I had read:

 

To comply with all reasonable regulations which the Landlord may from time to time make and publish in respect of the use of car parking spaces within the Parking Area

 

I strongly believe that the regulation to display permit and getting "invoiced" for it is not "reasonable" contrary to the clause in the lease. I have already paid for the right to park, being charged for no permit would be unreasonable.

CAG pdf_Redacted.pdf

Appeal rejected_Redacted.pdf

Edited by dx100uk
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pix of all the signs and their locations eill be next

 

though I think the bottim line here is just gonna be to wait and see if they get some sols to issue a letter of claim.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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To comply with all reasonable regulations which the Landlord may from time to time make and publish in respect of the use of car parking spaces within the Parking Area

 

I strongly believe that the regulation to display permit and getting "invoiced" for it is not "reasonable" contrary to the clause in the lease. I have already paid for the right to park, being charged for no permit would be unreasonable.

 

 

 

Apart from its a speculative invoice your looking to fight this on supremacy of contract. I'm sorry but in the wording of your contract you would lose at court. The requests are reasonable by the landlord.

 

If the contract basically said you pay xxx pounds for flat and car parking space then you would win.

It does not say that. It states that all the landlord has to do is publish changes that are reasonable to manage a car park.

I doubt you have your own bay anyway. Ps to win on supremacy of contract you would need a allocated bay solely for your use and named in the lease

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Hey sgtbush,

 

Yes, the lease defined the Parking Area (clause 1(a)) and further stated in another schedule. I dont have a specific bay but I do have the right to park in the Parking Space in the Parking Area as designated by the Landlord.

 

If the expression "the Parking Space" is defined in clause 1 of this Lease (but only if it is so defined)

(a) the exclusive right to park one private motor car (or one private motor bike) in the Parking Space

 

The request is coming from PCM who is not a party to the lease and no appointment of a third party to manage parking has been mentioned in the lease apart from Parking service charges so PCM should not have any power, I believe.

 

Don't see how PCM can take me to court without Landlord's consent stating that I have not complied with the term of the lease i.e. park in the designated area. I think I will just wait for the CC notice and ignore the debt collector or ask them to p* off as the liability has not been established in court. Thoughts?

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Hi and welcome to CAG

 

 

Are you saying that you bought the right to park for 30K?

 

 

If the lease has stated that you must display a permit then that's one thing but the management company would have written to all leaseholders telling them that. If that hasn't happened, you have not been consulted nor have you agreed to this.

 

 

To comply with all reasonable regulations which the Landlord may from time to time make and publish in respect of the use of car parking spaces within the Parking Area

 

 

What is reasonable? Is it the management company making the rules and if so, do they have the landlords permission to do so?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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So this begs the question WHERE and WHEN did the landlord PUBLISH the new regulation. Juat allowing a bunch of cowboys wander about doenst fulfil that requirement.

The rest of the terms you refer to trumps the parking co's right to make claims and in any case I see nothing in the former that allows the landlord to assign any rights to a "management" company to create their own conditions that havent ben published by the landowner and that would mena that the parking co are merely a third party and have no locus in any matter- ie, if the LL decided to clobber you for parking without a letter from Geoff Boycott saying you can then the LL HAS to make the claim and their gopher can only report the matter and act as secretary.

 

 

The devil is in the detail and so far you are doing well but you need to dig out anything that can help your position. the parking co wont take the slightest notice of anything you say as they only make money by chiselling the residents, not monitoring parking. An unintended consequence for the landlord I'm sure.

Is there a managing agent positioned between the LL and the residents? If so that menas they likley appointed the bandits and that will most likely break any chain of authority regardless.

 

 

as for damaging your chance to use the POFA, that is not a big deal in a residential place as it is highly unlikely to be anyone else parking the car. However, often the parking co's get other parts of the NTK wrong so you always wait for the NTK to arrive before engaging with them. Remember that for the future, it also costs them money and the more they burn chasing hopeless causes the less they have to spend on fighting each one

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Oh yes, it is pointless appealing to the IAS as they are biased in favour of their members (old boys club)

 

 

 

Personally, I don't see this going anywhere near a court but even if they started a case, they may not appear. Your rights were in place long before these muppets took over the management of the site.

 

 

 

Did you have any say in the matter before they started? If so, who consulted you? The landowner or the management company? If the latter, does the MC have the right to change things without the landowners permission.

 

 

I think that you should contact the management company again and state that they should handle this matter properly or go over their heads and go direct to the landowner.

  • Confused 1

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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But these rules are those of a bunch of crooks, not the landlord who is

Looking to confine the use of the carpark precisely for their legitimate

Permit holders.

The alleged contract is unfair in so much as in this instance UKPC have

Suffered no loss but the OK would were they forced to pay.

 

Have you complained to the landlord ? You are supposed to be able to

Benefit from the peaceful enjoyment of your space after paying for the

Privilege not being harassed by lowlifes.

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Oh yes, it is pointless appealing to the IAS as they are biased in favour of their members (old boys club)

 

 

 

Personally, I don't see this going anywhere near a court but even if they started a case, they may not appear. Your rights were in place long before these muppets took over the management of the site.

 

 

 

Did you have any say in the matter before they started? If so, who consulted you? The landowner or the management company? If the latter, does the MC have the right to change things without the landowners permission.

 

 

I think that you should contact the management company again and state that they should handle this matter properly or go over their heads and go direct to the landowner.

 

Indeed, I'm just wondering what I should be doing in the meantime as they would be sending debt collection letters etc and rack up the amounts. My letter already indicated either cancel or issue proceedings while PCM ignored this and tried to refer me to IAS and debt collection.

 

So if this goes to court, which amount would I be defending against? What should I do in the meantime? Whip the management company into doing something?

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Apart from anything that has already been advised, I would do nothing. Debt collectors have absolute no power over you - ever!

 

 

If they were foolish enough to instigate legal action, they would only be able to claim the £100 plus court and fixed solicitor fees so the most you would likely pay is around £200 but again that's if you lost but well before any court visit, you will have prepared a crushing defence to their claim (with help from CAG)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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You can demand form the managemnt co a copy of the contract they signed with the parking co and if they refuse you should seek to gather all of the management committee together and force a vote to dispense with the services of the managing agents for exceeding their authority. The tell the parking co that they have no contract so they can bugger off as well.

Apathy amongst the other leasholders is your biggest obstacle, get them wound up.

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