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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We rent an apartment in a block where we also rent a parking

Resolved Question:

We rent an apartment in a block where we also rent a parking space. We have a lease contract that states we have the use of the parking space. Not in the contract is the fact that you need a permit to park in them. Our management company sent us the wrong permit.
So we park in our space, but got eight Parking Charge Notices while they sent us the correct permit. The company operating the parking are members of the Independent Parking Committee, not the BPA.
We have appealed each PCN on the basis we rent the space and the management company should be liable. Each appeal has been rejected. We will appeal to the IAS next but expect each of these to be refused, too.
Our management company admitted liability to the parking company (I was told by the parking company on the phone) but we have nothing in writing from them and now they are ignoring us.
What are the next steps? I would like them to take responsibility and I would like the parking charges cancelled.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

please let me know whether the management company agree to pay these fines?

Customer:

Ever since we were told they admitted liability, they have gone quiet and are refusing to respond to our e-mails. I suspect they don't want written evidence that would reveal their liability .

Customer:

I should say though that we do have e-mails confirming we asked them correct permit. They then asked the parking company to send us the wrong permit, as explained by the parking company. But the management company have never admitted to us personally that they asked wrong permit. They're avoiding the issue.

Alex Watts :

Ok. you need to formally write and set out your position. There is never any point appealing as it is the same company that gives you the fine decides the appeal, they are never going to say, you know what you are write.

Alex Watts :

So write to the managing company.

Alex Watts :

But at this stage other than that, do not do anything, you do not need to

Alex Watts :

You may get various letters from the parking company and even Solicitor letters.

Alex Watts :

But if it went to Court it would only be a small claim as its below £10,000

Alex Watts :

If it went to Court, you could counter sue the management company.

Alex Watts :

This means the Judge would decide whether they are liable.

Customer:

But in the meantime I'm spending money and time fighting a battle that was sparked by the management company's incompetence. How do I go about getting recompense ?

Alex Watts :

given what you have said, I think the management company are liable but you should not be bullied into paying

Alex Watts :

You can sue now if you want and I will outline the process

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .

Alex Watts :

Can I clarify anything about this today please?

Customer:

And what should I be invoicing for? Hours spent? Money outlays (on things like this, )?

Alex Watts :

Any direct costs. You can claim spent.

Alex Watts :

As long as you can justify it

Customer:

Am I to write separate letters to the management company and the parking company? Roughly what should be included in each?

Alex Watts :

No, only to the management company.

Alex Watts :

As I indicated above, you should set out your losses.

Alex Watts :

What you have lost and how you calculate it.

Customer:

OK, that's great. But I'm going to continue to get debt collection letters from the parking company. Do I send them a letter saying I have a lease agreement giving me use of that space, with no reference to needing a permit to park there. reason I refuse to pay. And can I then ask them to stop contacting me and speak directly with the management company because they admitted liability?

Alex Watts :

Forget the debt collection letters, until you actually get (and you may not) a county court claim you dont need to do anything.

Alex Watts :

Yes you can ask the parking co to contact the management co

Customer:

So when the county court claim comes, then I set out my argument about having a legal right to use my space and not having entered in to any legally binding contract with the parking company etc etc. Then do you think they'll back down or this will actually go to court? Last question, I promise!

Alex Watts :

Yes and you counter claim against the management company

Alex Watts :

I doubt the Court claim will come, they just threaten them generally

Customer:

OK, I'll log my time and money spent on this and send an invoice to the management company. Then I'll wait county court claim and at that time write a formal letter to the parking company outlining my position. Should it go to court, we counter claim against the management company.

Customer:

Many thanks help, Alex. It's useful to clarify everything on this because it can seem a little overwhelming

Alex Watts :

Happy to help, can I clarify anything else ?

Customer:

One question maybe. We don't have it in writing that the management company have admitted liability. Is there any way we can get hold of the e-mails between them and the parking company when they admitted liability? Or can we send them an e-mail saying: "respond telling us you are not liable. If we don't hear anything, your silence will be taken as admission of your liability etc etc"?

Alex Watts :

Sadly not you cant get hold of those. You can't assume liability as that wont wash.

Alex Watts :

But thats not a concern as if it goes to Court you counter claim anyway

Alex Watts :

Does that help?

Customer:

Hmmm thought that might be the case. OK, thanks your help. That's it !

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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