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    • Hi DX,   didnt realise defaults cannot hurt renting... I just assumed it did also in fairness. 
    • Which Court have you received the claim from ? Civil national business centre, Northampton       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? PRA group uk portfolios ltd   How many defendant's  joint or self ? self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14 june 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. The claimant claims the sum of £6823 for an outstanding debt owed. On 29/8/2013 the defendant entered into an agreement with Barclays Bank UK for a credt card under ref *********. On 22/3/21 the defendant defaulted the agreement with an outstanding balance of £7074. On 26/7.22 the debt of £6937 was assigned to PRA Group lts who itself assigned the debt to PRA group UK portfolios ltd on 30/12/23. Notices of assignement were sent to the defendant in accordance with S136 Law and Propert act 1925. The claimant has instructed PRA group UK ltd to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. Payments of £103 were recieved up to 5/12/23 and adjustments have been applied in the sum of £10, and the claimant claims 1. The sum of £6823.88   What is the total value of the claim? £7378.88   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes   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? credit card   When did you enter into the original agreement before or after April 2007 ? after   Do you recall how you entered into the agreement...On line /In branch/By post ? don't recall, likely online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?yes   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. assigned to purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? yes   Did you receive a Default Notice from the original creditor? don't recall   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? yes   Why did you cease payments? account was marked unenforcable by PRA due to lack of cca   What was the date of your last payment? december 23   Was there a dispute with the original creditor that remains unresolved? no   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes  
    • Also, what was the cost of the job which you carried out and what was the likely value of the repairs required by the snagging list
    • Thanks for your reply. After you didn't respond to the the paploc, what was their next step? Did they resend the paploc? I feel it's like others have suggested, it's a 'fish' to get someone to respond. Ref the email, I don't think I've ever had one, even when J and P took over with the first round of comms, then I received two within in a few days (both with same info) and a few days later, the J and P paploc. Any guesses what they're thinking changing between J and P to IDR and vice versa?
    • Please explain what you mean when you say that he hadn't followed pre-action protocols. How much of the original spec that you worked to do you have in writing.  Do you have photos? What other written evidence do you have?    
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.


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I'd be going to the managing agents personally and kicking up a (polite) stink that you've got a PCN despite having a permit.

Pester them enough and they might just cancel the PCN just to get rid of you.

 

We could do with some help from you.

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  • dx100uk changed the title to One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

As for your questions:

- As permits are not mentioned in the lease, are the PCNs enforceableNo

- Would I be acting lawfully in not paying the PCN i.e. does my lease have primacy? Yes, providing that your lease mentions use of the Car Park.

- I understand that there is a 'contract' between the PPC and their client. Does this contract include me? Not personally, no. The contract will be between the PPC and the Freehold Company.

- What should I do next?? Call the managing agent and get them to cancel.

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"Management rules" and the "permit system" mean nothing compared to your lease. They're nothing more than random "restrictions" being put in place. You'll need to be firmer than that because they will just brush you off in the first instance.

If your lease states you're allowed to use that area to park vehicles that trumps everything. If they're not demised spaces you can park wherever you like in that area.

Find that bit of your lease and post it here and we'll advise further.

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Has the landlord stated in writing that the area can be used for parking?

We could do with some help from you.

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The freeholder(landlord) would be the freehold company in this case. Of which you have a share of. This would be the landowner the PPC would need the contract with as well. 
 

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Sorry, just noticed in the OP that you've been successful in being appointed a director of the freehold company?

In that case, just contact the PPC directly to cancel the PCN using your authority as Director, once made official (push the MA on this immediately). No need to try and argue the toss with anyone then.

That's provided the MA has done everything properly and took out the contract in the name of the freeholder and not themselves.

Also call a Director's meeting with the MA with the agenda of removing the PPC with immediate affect.

We could do with some help from you.

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No harm in requesting the contract. Especially once you're a director.

Yes push on getting the Director application done, this PCN should not matter whatsoever.

IMO you should name and shame the Managing Agent as they seem to be failing on the basics. Wouldn't surprise me if they've signed the PPC contract in their name instead of the freeholder's name (which immediately makes it null and void as they don't own the land!). Can't confirm this without seeing the contract though.

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Usually in this situation, the freehold company is dormant. It only exists to hold the freehold title to the property (and be the legal base for the leases). When you buy a share of freehold you buy a share of said company. There's usually an RTM (Right to Manage) or RMC (Resident Management Company) set up that handles the day-to-day running, which may outsource this to a Managing Agent like has been done here. Legally these are separate entities with their own accounting periods and company records etc.


Naturally, the PPC will need the contract in the name of the FREEHOLD company, not the management company.

I do agree that you do need to make yourself a nuisance to get the PCN canceled. Directors meetings, calling the MA etc. Don't let them fob you off like they did last time.

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MA can sign on behalf of the freehold company (that's what you pay them for) but the actual contract must between the freehold company and the PPC.

 

If it isn't, then yes unlawful contract.

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I wouldn't worry on a defence yet. If you get the NTK you simply ignore it and all future correspondence until/unless you get a letter of claim. Then we'll deal with it.

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Freehold company is the entity who owns the freehold for the land. It's rare that'll be the management company.

 

Easy way to find out is to type the name of your development on to companies house and look for the company/companies registered to your managing agents address ;)

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Re: Same address: Normal.

 

Re: Contract. This must state that the client is the freehold company as they own the land.

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Agree with @lookinforinfo, they just beat me to it!

Scan up a copy of the contract and we'll be able to advise further. I imagine we'll be able to spot fairly quickly who the MA has signed on behalf of, as well as spot any other issues :)

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unfortunately, regarding the OPS contract, you've most likely redacted the most useful bit here.

I would assume that what is in that involves the location of where the car park is but it's important we see this (minus the main address, obviously). If it doesn't have that then the "contract" they've provided is bogroll.

Can you please provide a little less redaction. If the name of your development is on there redact that and your address ONLY (do NOT redact anything else, especially if part of the name of the signature includes "Freehold" or "Management company") 

Can you also name which section of the lease/DoV you believe you will be breaking if you continue to park please, 

We could do with some help from you.

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Park their cars in the garage is the most common answer for leaseholds.

The only issue is that the garages were built for cars from 50 years ago and modern safety advancements mean that even small hatchbacks won't fit any more.

I doubt OPS will be stupid enough to carry this on any further.

We could do with some help from you.

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I don't understand how the freeholder (which, in part is YOU) can argue it's a breach of lease not to pay a PPC invoice.

It's not a Service Charge or rent item, it's a contract between you and the parking company (As PPCs like to parrot on about all the time.)

We could do with some help from you.

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First part of it is nice and vague.

"Parking restrictions apply."

That's nice, what are they?

We could do with some help from you.

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@lookinforinfo Bang on pretty much, a Managing Agent only ever acts upon the interest of its client. For something as significant as parking control, they would have needed permission from the freeholder (which, in this case, is the permission of the majority of leaseholders) before instructing OPC. However, where elected representatives are involved (directors) it would have likely only taken their agreement to make the change.

@iamgnome, do you have any idea what it means by "pre-authorised vehicles"? Also interesting that it mentions that it's specifically within the "assigned parking areas" which goes along with your lease.

 

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Only reason I can think of @FTMDave is that the development is near some form of public attraction like a retail park or high street and they've had issues with parking before.

 

That STILL wouldn't explain the 1 hour time limit...

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  • 4 weeks later...

Post the NTK up here for the regulars to double-check. I highly doubt it's compliant with POFA though.

Ignore the deforestation that comes unless it's ever a letter of claim.

Any luck with the organ grinder?

We could do with some help from you.

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I think you have the supremacy of contract as it allows you to park in designated areas.

I would argue that there being parking enforcement there clearly means its to be used as parking and as such you can use it under your lease.

Only need to worry if they ever follow through with a letter of claim and a claimform though

We could do with some help from you.

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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.

 

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