Show Posts - Samuasp

This was the email sent to me from the landlord as I was ccd into it when they tried to get the tickets cancelled off, sorry if I confusion. As for the parking bay, there is no evidence it’s owned by a separate person other than the landlord on site, the parking signs listed state that you must have a permit to park (the usual ones you’d find in car parks ect from similar companies) all the bays are in a line, numbered 5-9 on this side of the property, there are others on the other side that are numbered as well, these are also owned by the landlord as well as the 300+ inside the garage, it seems this bay 5 is the only one not owned by the landlord Good afternoon.We are the agent leasing this parking space on behalf of the car park owner.I would like to clarify that this parking space is during the renewal period and we usually have a one-month buffer period for us to dispute and provide evidence. I have made the @Permits  team aware of the situation and asked them to cancel all tickets until we receive the permit.We placed the order in early June and received it on June 20, 2024.

redcated the details that cant be posted online but the actual form has these and the images needed. The dates on the notice to keep do match the dates if that's what you meant ? wasn't too sure on that oneedit : forgot to mention we have a 3 day video from our camera in the flat as it points to the parking bays, very convinient as it shows a vehcile parked in the space for 3 days, no permit (images to prove this) and no fine issued yet they were also parked in bay 5, this is one of the same vehciles that has been caught taking our space. Would it be possible as part of the defence to request the number of fines VCS have issued to vehciles from the move in day to present to show an inconsistent enforcement of the rules ? it doesnt relate to my fines enterily however it shows inconsitent treatment of people delibertly breaking the rules and not being fined where we were legitematly waiting for the landlord to sort the permit This document outlines the facts and circumstances supporting my defense against the parking charges issued by Vehicle Control Services (VCS). It demonstrates that the charges are unfounded and unfair due to factors outside my control and the failure of the claimant to act reasonably.SummaryWe had paid for a parking permit, but a delay in receiving it, which was beyond our control, prevented us from accessing our designated parking space within the garage. As a result, we were compelled to park in spaces owned by the landlord. We were assured by the landlord that any fines incurred during this period would be voided while we awaited the updated permit. However, this has not occurred, resulting in a claim by VCS. Our actions were not deliberate attempts to breach parking rules; we had no alternative but to park in Bay 5 temporarily.Timeline of EventsMove-in Date (01/06/2024):I moved into the property on 1st June 2024, while my roommate had moved in a month earlier.Prior to moving in, I requested and paid for a parking permit, including a £75 deposit and the first month’s payment.On the day of my move-in (a Saturday), the office was closed, meaning the permit and access to the garage could not be obtained until Monday.Landlord's Assurance:The landlord managing the property assured us that any fines issued while waiting for the permit would be voided. We were allocated Bay 6 inside the garage as our designated space.Initial Parking Charges:Upon receiving the Parking Charge Notices (PCNs) in the mail, we forwarded them to the landlord, who successfully had some fines voided. For example:An email from the landlord stated: “Would you please cancel these 3 tickets as the tenant is still waiting for the updated permit?”However, fines related to Bay 5 remained unresolved. VCS claimed they could not void these PCNs because Bay 5 was not under the landlord’s ownership. Despite repeated attempts, VCS refused to disclose the actual owner of Bay 5.Permit Received (23/06/2024):On 23rd June 2024, we finally received the permit and garage key. However, on entering the garage, another vehicle was occupying our designated Bay 6.The landlord later confirmed that Bay 6 had been sold years ago, and the current owner of Bay 14 had been informally using Bay 6 due to a design flaw. This issue rendered Bay 6 unusable.Email from the landlord:“The developer made a mistake with planning Bays 6 and 14, and the current owner of Bay 14 has been using both spaces due to their layout. Unfortunately, Bay 6 is effectively unusable.”As a result, we were reassigned to Bay 6 outside the garage.Further Issues with Reassigned Space:On 06/07/2024, we found another vehicle occupying our new outside space. This situation forced us to park elsewhere, resulting in another PCN.We reported this to the landlord, who responded: “Please send me the ticket, and I will ask the parking company to cancel it.”Despite this assurance, the ticket was not canceled and remains part of VCS’s claim.Key IssuesDelay in Access to Permitted Parking:We paid for a parking permit and were assigned a space. However, due to administrative delays beyond our control, we could not access the garage or use our space until 23/06/2024.During this time, we were told we could park elsewhere without penalty, yet PCNs were still issued.Confusion Over Bay Ownership:Bay 5 is adjacent to spaces owned by the landlord. The lack of clear signage regarding ownership led us to reasonably believe it was owned by the same landlord.VCS has not disclosed the ownership of Bay 5, leaving us unable to resolve the issue.Reassignment of Space:Once we received the permit and garage key, we discovered that the designated space (Bay 6) was unusable. This was confirmed by the landlord as a long-standing issue.We were reassigned to an outdoor space, but this was frequently occupied by unauthorized vehicles, resulting in further PCNs despite our efforts to use the space we had paid for.Failure to Consolidate Claims:VCS has failed to consolidate all PCNs into a single claim, issuing separate claims for the same underlying issue (parking without a valid permit). This is inefficient and an abuse of the court process.ConclusionThe parking charges issued are unjust and unreasonable. The delays and access issues were beyond our control, and the landlord assured us the fines would be voided. VCS’s refusal to consolidate claims and provide clarity on ownership further demonstrates a lack of good faith.We request that this claim be dismissed, as the fines were issued under circumstances beyond our control, and we made every effort to comply with the rules once a permit and clear parking arrangement were available.Attachments:Proof of permit paymentCorrespondence with landlordPhotos of spaces (images removed for protection)

All sent off thank you ☺️ Yeah given that some of the claims in the court paper are later than the ones on this new loc it really doesn’t make much sense to me why they couldn’t understand a simple instruction of, please consolidate the fines into a single loc. I’ll start typing up all my evidence in the meantime into a google doc that should make it easier to detail and submit when the time is right, emails, photos ect

Sorry i didn't realise i hadnt typed dcb legal, here are the redacted links to the letters sent https://imgur.com/8Bhxiny  Claim Formhttps://imgur.com/PLaBND9  LOC Backhttps://imgur.com/aAwjtKN  LOC Frontas you can see the letter of claim is showing for different dates, when i contacted them back in august they said i was liable for all 6 cases with them, but there is clearly more, we have asked twice now for these to all be consolidated into a single claim and they have failed twice, ill make sure to include that in my defence, as for the response i'm looking through that dropbox link nowsorry if i caused any confusion with the naming and i appriciate the help sorting this (any issues with the links lmk ill get on it)

Finally got an update on this so here it isThey said I had until the 8th November to pay the £680 or they would issue a claimThey have now done this as I revived the notice from the tribunal dated 29th November for the following The court letter states Amount claimed 701.28Court fee 70Representative fee 70Total 841.28 This is for parking In bay 5 on 9/6/2417/6/2418/6/246/7/24This was dated 29th NovemberHowever…Dcb legal have sent a letter of claim on the 2nd December stating amount due 850 and parking fines issued on10/6/2411/6/2412/6/2413/6/2413/6/24 Now i now i need to reply to the tribunal with a defence of some sort which I have, emails from the landlord saying they would cancel off the fines, while we were waiting for a permit in June and the July fine where we returned to find a vehicle parked in our bay, to which the landlord said they would contact the parking company to ensure the fine was issued to them, clearly have not done Apart from responding to the courts, should I also send dcbl an email about their obsolete failure to consolidate the claims when they have been asked twice at this point and have notAgain much thank you for helping me deal with this absolute disgrace of a company, the landlord is also gonna get an earful of me once this is dealt with

Thought I’d give another little update as we wait for the claim to be issued.Dated 18th a letter from dcbl about 3 unpaid parking charges and they will take further action if payment is not made ect ect Another one on the 24th same thing but think it was for different tickets ? I’ll have to check laterThese tickets from these letters are not the same ones from dcb legal but are for the same offence (As all the tickets issued happened on different days but for the same thing, parking in bay 5 without a permit)Clearly not consolidated the tickets like they were asked to.It’s resorted to me setting up a camera to monitor the parking area as we have clear sight of it from our window. The Audi that has taken our space on multiple occasions turned up Thursday night at 5pm, they just left today (Saturday) at midday. They do not have a permit to park in bay 5 or any other bays. They take which ever is free when they turn up. They have even been seen sneaking behind people into the garage and parking in the lowest level.Now I’m not gonna be that guy and send their reg to the parking company but the footage clearly shows over the 2 day period the warden never turned up or issued a ticket, despite it being 24/7 rules.Another point is a car was parked in bay 7, we know this one doesn’t have a permit as well. They were sat in their car and saw the warden turning up. They went and did a lap of the block and came back to park in the bay again once he’d gone. This I feel is a strong defence for the mismanagement of the parking for residents and negates their rules of 24/7 enforcement cause clearly it’s not

Re: update from this afternoon We write in response to your correspondence received in our office dated 9th October 2024. We now respond to the same as follows. We refer to our communication of 8th October 2024, we confirm that despite your latest correspondence, our position remains as previously advised. As such, should our client instruct us to proceed with further legal action, we reserve the right to do so without any further reference to you. If you are at all unsure of your legal position, we recommend that you seek your own independent legal advice. You now have until the 8th November 2024 to make payment of £680.00. Failure to make payment will result in a Claim being issued against you without any further reference.

Would it also not be a good idea to mention the fact we had paid for but were waiting for a permit from the landlord hence why we were parked in the bay and got the fines to begin with? Also this from 27/08/24 re :We are instructed by our Client to recover the outstanding balance in relation to the Parking Charge Notices (PCN's) issued to you.The timeframe in which to submit an appeal expired prior to our instruction; you were given the opportunity to lodge appeals when the initial Notice's were issued to you.As the person named by our client, you remain liable for the outstanding balance of £1,510.00 for all 6 cases with DCBL.You can pay easily by using Scan to Pay, simply scan the QR code located on our letters with your phone and pay by card. You can also pay by card on the secure payment page on the website 24This states there are 6 outstanding and it is £1500 so why this morning did she pipe up about £680 ?

 Update this morning, sure it was more than £680 ? 9 outstanding pcn’s so that does not add up. Sent this to the landlord saying we will be taking legal action against them if they don’t try and sort their own contractors out. We write in response to your correspondence received in our office dated 14th September 2024. We now respond to the same as follows. In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge Notice (PCN) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £170.00 remains payable to prevent further action. The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT. In relation to the comments concerning damages, the sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased. In accordance with the appeal decision made on 29thJuly 2020 in Britannia Parking group Ltd v Semark-Julien [2020] EW Mis 12 (CC), it is not correct to propose this claim should be struct out as an 'abuse of process' due to the contractual costs claimed. You may wish to seek your own independent legal advice to access up to date information  You now have 30 days from the date of this email to make payment of £680.00. Failure to make payment will result in a Claim being issued against you without any further reference.

6.5.“Premises” includes any part or parts of the building boundaries fences garden and outbuildings belonging tothe Landlord unless they have been specifically excluded from the Tenancy. When the Tenancy is part of a larger buildingthe Premises include the use of common access ways and facilities.If this helps ?

Taken from the tenancy document I currently have 15.1. To park a private vehicle only at the Premises, if applicable.15.2. To park in the car parking space, garage or driveway allocated to the Premises, if applicable.15.3. To display a valid permit in your vehicle, whilst parking in the car parking space, garage or driveway allocated to thepremises, if applicable.15.4. To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of any spillagecaused by a vehicle of the Tenant, his family, contractors or visitors.15.5. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.15.6. Not to park any vehicle at the Premises that is not in road worthy condition and fully taxed.Still waiting to hear back on who owns bay 5 considering our landlord owns the other spaces and all the buildings around the area so not sure why this one space is not ? Unless it was bought recently and not been updated is all I can think of

Just checked the pcn, the small print says more pictures available online, the only two on them was the reg of the car, so yeah they do have pictures of the windscreen ect, also notes that the parking information is for bay 5 holders only but looking at all the other signs around the place they all look the same, this is the only one that states bay 5 only so that isn’t misleading all all.Still can use this and the fact that there is nothing in the bay to state it’s owned by somebody else, yeah the sign might be there but if they painted it a different colour ect then it would stand out a lot more as it’s not clear. I shall update when the lovely chaps reply to that email. If they ever

I’m between two different places while I’m on placement so i never thought to change it as I’m back home at weekends anyways to see any letters ect that come through so does it still need changing ?As for the email no response yet, a friend at work mentioned that the ‘fine’ was for failing to display a ticket but the pictures are of the front and back reg plates of the car, I can’t remember of the top of my head I’ll have to look through them all but I’m sure non of them show any pictures of the windscreen of the car, is this something that can also be used in the defence as there is no clear evidence that a permit wasn’t on show if it’s not displayed on the pcn

Thank you, email sent off, ill speak with the landlord and ask for the head copy monday see how long it takes to get back, just been told another letter has turned up back home so i'll see if its another LOC later, if it is that makes 3 in total so far, if these list the same ones and new PCN's is it safe to asume they have added them all into the same claim ? if so i'll have to wait till i have a LOC with all 9 on them is that correct

https://imgur.com/XigpYY2https://imgur.com/kw4X4nghttps://imgur.com/VjVtGWipermit we got on the 22nd https://imgur.com/PVcKQYPfound in contract for flathttps://imgur.com/cXI5580as advertised on the website for the flatsall outdoor spaces are managed by VCS but i assume the landlord or the agent owns the land as its a few blocks of flats with the outdoor spaces being surrounded by these flats. I will be able to check monday who owns the land when i speak to the landlord. if it is their agent ? not sureat the moment yes, 2 DCB legal letters, one containing a charge 9/6/24 - letter dated 29 aug 24 and the other letter dated 4 sep 249/6/2417/6/2418/6/24as per the email from vcs the other day saying im liable for the 9 outstanding i assume other letters are on the way ?