Author Topic: Letter before claim - parking in my own parking bay  (Read 80 times)

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Tiger_Lion

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Letter before claim - parking in my own parking bay
« on: February 10, 2024, 02:43:36 pm »
Hi everyone!

Iíve received a letter before claim after ignoring all the debt recovery letters and refusing to pay the fine issued in February last year.

I purchased a parking bay when I bought the flat we live in. We are issued with permits. My permit mustíve fallen off when the enforcement agent took a picture and fined me.

I appealed and pointed out itís my bay as Iíd paid for the parking bay. I was rejected on both appeals. After that, I ignored all the letters sent to me.

I now have a letter before claim.

Is this something I have to pay to avoid a CCJ or is it something worth appealing?

Thanks for your time and any advice.

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DWMB2

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Re: Letter before claim - parking in my own parking bay
« Reply #1 on: February 10, 2024, 02:49:47 pm »
It's not a case of appealing now, it'll be a case of defending the matter in court.

What will matter here is what your leasehold (assuming it's owned on a leasehold basis?) says about parking - get it out and see exactly what is said in regards to parking and your rights to the bay in question.

Tiger_Lion

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Re: Letter before claim - parking in my own parking bay
« Reply #2 on: February 10, 2024, 03:24:45 pm »
Thanks. Weíre going to check to see what that says. If Iíve bought the land, then these parasites can do one!

b789

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Re: Letter before claim - parking in my own parking bay
« Reply #3 on: February 10, 2024, 03:51:35 pm »
Equally important is what your lease doesnít say about parking. For example, if it does not mention that you must display a permit in order to park in your demised location, then it is likely that your lease has supremacy of contract over whatever term requiring you to do so on the third partyís alleged contract says.

Get out of your mind that this is in any way a ďfineĒ. You will not find mention of that word anywhere in the PCN or other correspondence you received. You are dealing with a speculative invoice from an unregulated private parking company for an alleged breach of contract under civil law.

It is worth responding to the LoC denying any liability or that you owe any debt. You should ask about the added £70 charge, specifically, whether the additional £70 represents what is dressed up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would they kindly explain why you are being asked to pay the operatorís VAT?

With regard to the principal alleged PCN sum, you should ask whether this is damages, or will it be pleaded as consideration for parking?

Under the PAP, you are entitled to answers to specific questions, such as those above.

DWMB2

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Re: Letter before claim - parking in my own parking bay
« Reply #4 on: February 10, 2024, 05:19:55 pm »
I'd check the lease before any response to the LoC.
If it does grant you exclusive use of the space, then putting this strongly and clearly in your response to the parking company may just make them decide you're more hassle than it's worth.

H C Andersen

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Re: Letter before claim - parking in my own parking bay
« Reply #5 on: February 10, 2024, 05:58:06 pm »
I appealed and pointed out itís my bay as Iíd paid for the parking bay. I was rejected on both appeals.

We need to see this correspondence.

The Rookie

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Re: Letter before claim - parking in my own parking bay
« Reply #6 on: February 12, 2024, 01:52:02 pm »
If Iíve bought the land, then these parasites can do one!
Seems unlikely you've bought it? Though not impossible.
Is the flat leasehold or freehold?
Even if it's freehold you may have only acquired the right to use the space on an easement basis and it's not part of the freehold in the same way as if the flat is leasehold.
There are motorists who have been scammed and those who are yet to be scammed!

H C Andersen

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Re: Letter before claim - parking in my own parking bay
« Reply #7 on: February 12, 2024, 03:03:48 pm »

Do you pay a service or management charge? If so, for what i.e. what do the Ts and Cs say?

Someone cuts the grass, mends fences, works to protect leaseholders' and perhaps freeholders' right to peaceful enjoyment of the grounds and other rights ..under which banner I include ensuring that residents' unenclosed property is protected for the residents' benefit. You possessing a permit would simply facilitate the management company discharging their duty to you..

..is a likely scenario.

But without hard facts who knows?