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Messages - kurczaczek

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1
Check the NtK yourself to be certain.

Thank you. So if I understood correctly, the wording "(if all the applicable conditions under this Schedule are met)" has to be included?

That is indeed missing out from the NtK.

I will definitely read through Schedule 4 this evening again.


At the same while reading this morning Schedule 4 and Paragraph  8(6) I've came across:

Quote
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
Which also does not align within the timeframe.
Date of alleged contravention: Sunday 02/11/2025. Date of Posting: Tuesday 04th/11/2025. Date of arrival: Tuesday 11/11/2025

2
Apologies if this comes across as posting a lot at once. I’ve finally had time to sit down and review the documents relating to this case and start identifying potential defence points.

I will have to take tomorrow evening to sit down properly to learn how to write defence.

As for now I have written perhaps main defence points.

Will it be reasonable as to share such draft in here?

Main defence points so far:

1. Lack of transparency / inflated charge

The original Notice to Keeper states:
Quote
“Payment is now required in the sum of £100.”


However, the first letter from DCBL states:
Quote
“NOTICE OF DEBT RECOVERY – Unpaid Parking Charge £170.00.”


This letter does not explain what the additional £70 represents, nor does it mention any debt recovery fee.

Only in later correspondence does the claimant state that the £170 includes a £70 debt recovery fee.

2. Driver not identified
3. Residential car park operating beyond capacity
4. Very brief observation period

The Notice to Keeper states an observation period of:

11:39:35 – 11:43:12 (3 minutes 37 seconds).

However, the timestamps on the photographs themselves show only 1 minute 44 seconds between the first and last photograph (total 7 pictures).

This appears to be an extremely short timeframe to establish any genuine “period of parking.”

Given the residential nature of the site and the frequent lack of available spaces, this timeframe could equally represent a vehicle manoeuvring within the car park, briefly stopping while assessing whether a parking space was available, or temporarily stopping due to the absence of available bays.

5. Tenancy agreement
My tenancy agreement contains no provisions regarding parking enforcement by a third-party parking company or the imposition of parking charges on residents.

6. Confusing introduction of the parking scheme
Parking enforcement was introduced around October 2025 in a confusing manner...
the original signage was incorrect and subsequently changed without proper notification.

Edit: additionally to the last one, for initial confusion. Generic A4 information states NPC service will begin on the 2nd October. However signs and most important incorrect signs have appeared in place on 30th September - which that technically creates contract at this date isn't it?

3
Considering all I am not sure if there is any line of the defence other than that I am a registered keeper who is also a tenant of those buildings. Unclear, misleading information throughout, residential car park frequently operating beyond capacity, being illegal to car on nearby street with where no resident permit was in possession, *permit being already sen and meanwhile very brief observation time. Actually even travelling upstairs takes average 5-10min regarding waiting time for the lift.

They have introduced the NPC just in September, without clear information or even direct information whether from building management company that is HHL nor letting agency. Meanwhile running car park beyond capacity till today.

Which at the end of the day forced the parking space to become "on street" opposite of the buildings.

Edit: And of course the amount claimed - £173.16 as opposite to NtK for sum of £100.

4
Yes,defend all.

It would be ideal if you were not the driver, since their POC refers only to the driver. If you were, just needs more careful writing of the defence.

At the time of the event I cannot recall.

At the end of the day I am a registered keeper and a main driver and I do live in buildings where this car park belongs to.
However at the time of the events I remember roughly I've had some works done around the car.

Especially remember as In fact my car stalling in next  days mid way up the hill (exit from car park) due to the issues caused by the rats in engine bay previously caused in this car park and bin area outside surrounding parking spaces.
I've run upstairs to bring the permit I had received exact same day. Meanwhile I've been heading for therapy session had to leave the car on sidewalk since I couldn't move it anywhere.

However to point a finger on the driver at the time I don't think I recall so I am not really able to.

5
The original NtK is NOT PoFA compliant so there is no legal route to keeper liability in this matter assuming that the driver is NEVER revealed.

I am not sure. I am reading PoFA at the minute and seem that they have included most of required data as for example:

Quote
Please be warned: that if, after the period of 28 days beginning with the day after that on
which the Notice is given (i) the amount of the unpaid Parking Charge specified in this
Notice has not been paid in full, and ii)we do not know both the name of the driver and a
current address for service for the driver, we will have the right to recover from you, so
much of that Parking Charge as remains unpaid.

Only things I could "find" as for paperwork and also not so sure about it, would be:
a) probably either wording "Observation time". Whether it shouldn't be as "period of parking".
b) Evidence about period of parking" shows observation time under 2 minutes. Exactly 1 minute 44 seconds between 1st and last photo. NtK states "Observation Time: 11:39:35 - 11:43:12" -  Total: 3 minutes 37 seconds under overloaded car park conditions. It is still double yellow lines however.

Edit:
- also it is my first time having a case of anykind so I might be blunt

6
If you complete the acknowledgement of service via MCOL this will buy some more time.

Have you responded to any of the previous correspondence and revealed who was driving?

Thank you.

Regarding MCOL, acknowledgement. Would it be recommended to try defend all of this claim?

I have not responded to the previous correspondence nor revealed who was driving.

7
Hello,



Thank you very much for your previous reply. I am truly sorry to return to this matter again.



Unfortunately, the past few months have been extremely difficult for me. I currently struggle with CPTSD and other related issues, which at times significantly affect my ability to function normally for extended periods. During this time, I have largely been focused on basic day-to-day survival, which unfortunately delayed. Hence, the reason for my struggle.



However, I have recently received a letter from HM Courts & Tribunals Service, which requires a response from me as soon as possible. Because of this, I am now returning to this matter.



At the time of the events, I was not in a position to think clearly. Nevertheless, I did manage to gather the available evidence, which I am sharing here:



https://drive.google.com/drive/folders/1L6lHJgolRI6VEB2BjjGPMFNfCcYZTcpK?usp=share_link



Regarding the requested information:



A) “Your tenancy agreement (AST) – the pages that mention:”

After reviewing the tenancy agreement, I could not find any mention relating to the use or restrictions of the car park spaces.



B) “If you are a leaseholder (or your landlord is a leaseholder and you can obtain it), we need the lease clauses that refer to:”

Unfortunately, I rent through a letting agency, and based on my previous contact with them, I believe it is unlikely that I will be able to obtain the lease documentation from the landlord.



C) “Evidence of what you were told and when:”

  • There was no letter personally addressed to me. All tenants received the same printed A4 notice that was left at the entrance/front doors of the property.
    Document:
    https://drive.google.com/file/d/1OgCKo9dlII5ZaHkH3WtxXWnqxtt3Gwft/view?usp=share_link
  • I did not receive any direct letters or emails from HHL or the property agency regarding the introduction of NPC. The only communication on this matter was the generic A4 notice mentioned above.
  • The permit was received on 3rd or 4th November 2025.


D) “The PCN / Notice to Keeper and the signage terms:”



E) “Who issued what:”

  • NPC issued the original Parking Charge Notice for £100, relating to parking on double yellow lines.
  • DCBL later claimed £170 as the amount due, which appears to include additional charges but does not clearly specify the original NPC amount.
  • HM Courts & Tribunals Service now lists the claim amount as £173.16, stating £170 as the total of the PCN and damages, plus 8% annual interest.



I have also attached additional evidence showing parking conditions at the property during the relevant time period. These photos clearly show the same parking area and demonstrate that the car park was frequently overloaded, with very limited available spaces.



Also attached evidence of letters frequently not arrive in a timely manner and can sometimes take anywhere from 5 days up to around two weeks to reach the property entrance or be passed on to residents.


For quite some time I have effectively been forced to park on the opposite street due to the lack of parking availability at the property. Thankfully I now have a permit, which has made the situation somewhat easier.

8
Hello,

I am looking for some advice and to see whether there is anything that could be done regarding this matter.

Location: Liverpool
Reason for Contravention: Parked on double yellow lines
Notice by: NPC (National Parking Control)

Received a ticket for parking on double yellow lines, on the private car park that belongs to 2 blocks of flats, 1 of them where I live. Fenced area, "security booth" - that serves as entrance to the car park.

Now I am having a massive issue with it. There is actually a lot going on regarding this car park.

First I have received the letter informing of the ticket fine. Letter was already delayed at least a week.
Reason for that is that the property management company that is HHL distributes the post. Which should be delivered at least couple of times within a week. In reality it is minimum 7 days of delay.
Fine is £60 paid within 14 days, after it is £100.

I struggle with some personal stuff as well, at the minute when it arrived I couldn't afford it as all I do is survival those days. If I would have some more of that initial time I would probably pay the initial fine £60. However I couldn't. That directly after went to £100 and shortly after without any reminder or information or contact straight to debt recovery.

Received letter from DCBL - Notice of debt recovery - £170 (£100 fine + £70 charge I presume).
As usual letter dated for 16.12.2025, thrown at the doorstep on 23.12.2025, just before the Christmas Eve, and I have 14 days from the date of the letter to either pay or call them to discuss repayment. This is just insane considering ongoing holidays.

Now I will proceed to the background story for the car park.
I moved in this place around 2 years back. Car park was never managed to the point that there was and still is till today a lot of "abandoned" cars that take space. We've been promised this will be dealt with but have never been.

People would park the way they could, on double yellow lines (just next to the wall), especially throughout the weekends. That would be ongoing since I've moved in.

Now NPC has been introduced without clear rules or in general in very misleading way around October 2025.
There was no information from HHL or my property agency. On 29th of September A4 paper on doorstep that NPC will be managing the car park from the 2nd of October 2025.
30 of September they have put the signs in place which brought everyone to confusion since signs require you to have a valid NPC permit to be able to park there. No one at all has received any permit. People were angry.
I've managed to call HHL after they claimed "NPC has put wrong sings in place". When they were changed I don't know, certainly without information about changes. Today they are different.
Massive confusion, no one knows what is happening

Parking situation remains same, people park in same spots, parking overloaded. Cars parked on sidewalk, double lines, wherever they can.

Now I've received the fine for my car being parked on 2nd of November 2025, Sunday on double yellow lines.
As far as I remember my car was never parked improperly or outside of bay unless there would not be a space.
Since received as well fine for parking on street that used to be daily checked I've been waiting for the permit at the same time. So there was no good situation here.

From the evidence photos it is clearly visible the car has been park on yellow double lines, however as closely as possible facing the wall, making sure there is a lot of clearance. And meanwhile you could see other car parked in exactly same manner behind, plus visible bays being full.

Turns out as well permit was sent on 27th of October 2025. Just before mentioned fine. And has arrived only after mentioned date. Between Monday to Wednesday (can't recall properly).

Seems like all I am having is bad luck and issues with this property. If not that there is rats in engine bay from mentioned car park. Mice in walls ceiling. I am just depressed at the minute.
I cannot even afford that right now, I've got priority bills to catch up with.

On top of that I've checked my tenancy agreement and there is no mention about parking space so I guess...

Is there anything that could be done regarding this situation?

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