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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Dear sır/Madam I am tenant of flat 28 pinnacle house.my

Customer Question

Dear sır/Madam
I am tenant of flat 28 pinnacle house.my name is*****
I am living this flat and I have park place.(in ground floor of house)
On 22/01/15, i saw on my car parking charge notice and I thought they did wrong and quickly call UK PARKING SOLUTION and I spoke with guy and I explain everything and he told me '',tell me new card permit number and this is not valid.''
and I went to LANES AGENT,and i spoke lady(Nadijah) and she told me don't worry and she wanted new card and she told me ''we will cancel parking charge".
when I am waiting new card I got second parking charge notice(29/01/15) again i went to lanes agent.she told me same thing.
After 9 days landlord send me new card(on 31/01/15).I had already two parking charge.
When I was waiting new card.she didn't tell me"You should keep invalid card on the car's windscreen".
Also nobody sent me any information and l could not find any announcement in pinnacle house.
After,I put new card on my car's windscreen.and I called again UK Parking solution,i spoke with three persons and last one told me;"you can't cancel because you should keep invalid card on the car's windscreen and even you are getting parking charge notice but YOU CAN CANCEL IT.
And I called agent ,the lady told me ,i will solve and after 5 min she got my ref and my car reg but after 5 min,she called and told me "sorry we can't cancel because of you should keep invalid card on your car's screen when you are waiting new card".
Many times ,I went to agent with old card and parking charge notice.she didn't tell me;"keep this card on your car's windscreen."
They didn't sent me any information till to 31/01/15.
THEY DON'T WANT TO see their mistake.
And I appeal this Parking charge notice.i sent to letter and evidence of park letter which is our park place and rent letter.
They are thinking she can't speak English properly and she couldn't explain very well.they are totally true about my English but I will try to best one and I know this is not fair..
I need somebody explain this situation.I want to learn what is the aim.
I sent to lots of mail to Jodie(lanes agent-southbury ).
Thanks
and asked the alex and she told me take to court.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask does your tenancy expressly include a right to park a car in the car parking space please?

Joshua :

If so does it mention any condition that you must display a permit?

JACUSTOMER-oyi920tx- :

when I moved this flat.they told me you have one park place..and they gave me key for enter to park.

Joshua :

Thanks. Do you know if this right is also contained in your tenancy agreement that you signed?

JACUSTOMER-oyi920tx- :

I checked but I didn't see but they did agreement between park solution company on September.

JACUSTOMER-oyi920tx- :

for parking charge..

JACUSTOMER-oyi920tx- :

when we rented flat they told us you have one park place.

Joshua :

Thanks. Dont worry about the agreement with park solutions as that is quite separate. We are interested in what is in your tenancy agreement that you signed with your landlord. DO you know if that agreement contains a right for you to park or are you not sure?

JACUSTOMER-oyi920tx- :

I checked but I didn't see

JACUSTOMER-oyi920tx- :

may be contains first year tenancy agreement

Joshua :

Thanks. It would be helpful to be sure because your rights here will depend largely on what is in your tenancy agreement. Do you have a copy you can look at again at some point?

JACUSTOMER-oyi920tx- :

I asked the alex,and I explained everything and I sent to them money claim back letter on Monday.

Joshua :

What you need to to do is check that you have a right to park in your tenancy agreement. Providing you do have this right then unless it is subject to a condition that you did not follow, then you can claim any parking ticket costs back from the landlord.

Joshua :

If there is no right to park your car in the space in the tenancy agreement then you may not be able to reclaim the ticket from the landlord but hopefully this would not be the case.

JACUSTOMER-oyi920tx- :

I already sent to them and they send me acknowledgement of service on behalf of the defendant.

Joshua :

Has the parking company issued court proceedings against you?

JACUSTOMER-oyi920tx- :

no

JACUSTOMER-oyi920tx- :

agent

JACUSTOMER-oyi920tx- :

because they did not give me any information about valid of card and I went there may time to explain parking charge and to get new card.

Joshua :

OK so as above what you need to to do is check that you have a right to park in your tenancy agreement. Providing you do have this right then unless it is subject to a condition that you did not follow, then you can contact the agent and tell them that you will claim back any costs you incur from parking charges from the landlord as he failed to provide you with a valid permit which was required.

JACUSTOMER-oyi920tx- :

but they told me just you are right and we will bring new card and we will cancel to parking charge...

JACUSTOMER-oyi920tx- :

I contacted with them and I sent to many mail to them about information.

JACUSTOMER-oyi920tx- :

just could you tell me if I go to court with this reason.

Joshua :

You may invite the agents to deal with the parking company directly and either agree to pay the parking charges on have them cancelled but can advise them that if they pursue you for payment in court you will claim back the money from the landlord as above.

Joshua :

Providing you can show that your tenancy agreement contains a right to park in the space as above you would have a claim against the landlord for the cost of the parking ticket in court.

JACUSTOMER-oyi920tx- :

I already pay parking charge and i appeal parking charge.

Joshua :

Thanks. In that case you may consider writing to the agent claiming the money back and asking them to either refund you the money or arrange to have the charges cancelled within say 10 working days

Joshua :

If they don't if you ave a right to park there as above you can claim the money back in the small claims court using the following link:

Joshua :

https://www.moneyclaim.gov.uk/web/mcol/welcome

JACUSTOMER-oyi920tx- :

but just i want to know they didn't gave me any information and i went many time to agent and park card was on my hand.they didn't told me wait new card and keep invalid card on the car's screen.

JACUSTOMER-oyi920tx- :

i did everything and i already apply for money claim

JACUSTOMER-oyi920tx- :

to sent agent

Joshua :

You are quite right - if you have a right to park there without condition and the landlord (agent) did not give you a card to display then the landlord is liable.

Joshua :

Make sure if you claim in the court that you claim against the landlord named on your tenancy agreement not the agent. The agent is not liable - the landlord is.

JACUSTOMER-oyi920tx- :

but they intend to defend all of this claim .

Joshua :

There will be a hearing for a judge to decide who is liable to pay. If the judge decides in your favour then you will receive the money he orders they pay you.

JACUSTOMER-oyi920tx- :

what do you think

Joshua :

You need to make sure you have made the claim against the landlord not the agent. Is that what you have done?

JACUSTOMER-oyi920tx- :

the problem is they are protect landlord.

Joshua :

Yes I know but have you made a claim against the landlord's name or against the agent?

JACUSTOMER-oyi920tx- :

i already did agent

Joshua :

OK. I am afraid that claim will fail as the agent is not responsible. You will need to contact the court and explain that you have issues against the agent by mistake and need to change the defendant to the name of the landlord. They will advise whether they require you to issue a new claim or if they are prepared to allow you to change the claim.

JACUSTOMER-oyi920tx- :

could i cancel all this are

JACUSTOMER-oyi920tx- :

and how

Joshua :

You need to speak to the court - did you make the claim online?

JACUSTOMER-oyi920tx- :

yes

Joshua :

Thanks. The contact number you need is 0300(###) ###-####or 01604 619402. They will assist you.

JACUSTOMER-oyi920tx- :

they send me response pack

Joshua :

You will need to change the claim to the name of the landlord which is shown on your tenancy agreement.

JACUSTOMER-oyi920tx- :

am i continue with landlord

JACUSTOMER-oyi920tx- :

and i did not see

JACUSTOMER-oyi920tx- :

landlord name

JACUSTOMER-oyi920tx- :

on agreement

Joshua :

Exactly. Providing you claim against the landlord and you can show your tenancy agreement with the right to park your claim should succeed.

JACUSTOMER-oyi920tx- :

it is compny

JACUSTOMER-oyi920tx- :

landlord is company

Joshua :

The landlord must be named on your tenancy agreement - it is a legal requirement. There must also be an address for the landlord otherwise no rent is payable until the landlords details are provided. The landlord may be a company. You claim against the company

JACUSTOMER-oyi920tx- :

could i cancel this calim

JACUSTOMER-oyi920tx- :

claim

Joshua :

Yes you can but if you plan to reissue the claim it is sensible to speak to the court first

JACUSTOMER-oyi920tx- :

in tenancy agrrement

JACUSTOMER-oyi920tx- :

the property includes,any part of the dwelling-house,gardens,paths,driveways,fences,boundaries or other outbuildings which part of the let.letting includes the use,in common with others,of the communal acess ways and other similar facilities.

Joshua :

This may be enough to show that the let includes the parking space particularly if you show the advert for the property to include a parking space.

JACUSTOMER-oyi920tx- :

and also i hve picture of park place .it is showing may park place number and flat number well

Joshua :

That is helpful.

JACUSTOMER-oyi920tx- :

so now i have to change claim name

JACUSTOMER-oyi920tx- :

am i right

Joshua :

Yes you need to change it to the landlord company name. Contact the court on the number above

JACUSTOMER-oyi920tx- :

how about agent may be landlord don't know about this situation

JACUSTOMER-oyi920tx- :

if i cancel claim what will be happen

JACUSTOMER-oyi920tx- :

and how can i cancel

Joshua :

The agent represents the landlord and has duties to him. However the agent is not liable for the landlord. What the agent tells the landlord is not really your concern though as it won't effect your claim

Joshua :

The court will either allow you to cancel and reissue the claim or allow you to apply to change the name of the defendant. They will help you if you contact the above number.

JACUSTOMER-oyi920tx- :

Joshua could i cancel this claim.i don't want to contunie

Joshua :

In either case the claim will restart against the landlord instead of the agent and the landlord will either defend the claim or pay up

Joshua :

If you decide you just don't want to continue then you can cancel the claim online using the moneyclaim website if you issued it online. Beware though before you do as you may not be able to reclaim against the landlord if you don't speak to the court first.

Joshua :

Is there anything else I can help you with?

JACUSTOMER-oyi920tx- :

i call calim

JACUSTOMER-oyi920tx- :

and they will send me by mail

JACUSTOMER-oyi920tx- :

to change claim name

JACUSTOMER-oyi920tx- :

amending claim

Joshua :

Thats great.



Is there anything else I can help you with?


JACUSTOMER-oyi920tx- :

am right its amending a clim

JACUSTOMER-oyi920tx- :

claim

JACUSTOMER-oyi920tx- :

or do you know ,any solistor in enfiled

Joshua :

Yes if the court is happy for you to amend your claim you can amend the claim to change the name to the landlord.

JACUSTOMER-oyi920tx- :

and i opened the justice

JACUSTOMER-oyi920tx- :

justice forms

JACUSTOMER-oyi920tx- :

after that how can i change claim name

Joshua :

You will need to complete form N244 and ask the court to amend your claim to change the name of the defendant to the landlord company. Sometimes the court will allow you to write to them to request the change but often they will require you to complete the above form.

Joshua :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

JACUSTOMER-oyi920tx- :

i will print this

JACUSTOMER-oyi920tx- :

and i will right landlord name and sent to them

JACUSTOMER-oyi920tx- :

am i right

Joshua :

Yes thats correct

Joshua :

You will need to say on the form that you wish to change the name to the landlord (give the full name) and explain that you issued the claim in error against the landlord agent.

JACUSTOMER-oyi920tx- :

and where can i sent this letter

JACUSTOMER-oyi920tx- :

no address to send

Joshua :

Unless you have received notice that the case has been transferred to another court, the address to write to is:
County court bulk centre 4th Floor, St Katharine's House, 21-27 Saint Katharines Street, Northampton NN1 2LH

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

JACUSTOMER-oyi920tx- :

if i didn do this are i would lke to understand can i cancel now.

Joshua :

If you just prefer to cancel the claim you can do so but informing the court you want to cancel

JACUSTOMER-oyi920tx- :

how can i do

Joshua :

I hope the above as been of some help. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

JACUSTOMER-oyi920tx- :

if i cancel it

JACUSTOMER-oyi920tx- :

did they contunie the claim or

JACUSTOMER-oyi920tx- :

they stopped it

JACUSTOMER-oyi920tx- :

alreday

Joshua :

If you cancel the claim then it stops and will not continue. It can only be cancelled by you

Joshua :

I am shortly about to go to a meeting. Is there anything else I can help you with before I go?

JACUSTOMER-oyi920tx- :

thank

JACUSTOMER-oyi920tx- :

just

JACUSTOMER-oyi920tx- :

i ma writing e mail to cancel it

JACUSTOMER-oyi920tx- :

what can i write

Joshua :

You can say:
Dear Sirs
RE Claim No. [Enter Claim number]
I am the claimant under the above claim and I am writing to confirm that I wish to discontinue the claim against the defendant. I should be grateful if you would kindly acknowledge that my claim has been discontinued by return.
Yours
[Your name]

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua :

I should be very grateful if you would kindly take a moment to rate my service to you today.

JACUSTOMER-oyi920tx- :

in tenancy agreement

JACUSTOMER-oyi920tx- :

there is a altenative adress

JACUSTOMER-oyi920tx- :

landlord alternative address is agnent adress

Joshua :

You can serve papers on the landlord at the agents address

JACUSTOMER-oyi920tx- :

so do i have to change name

Joshua :

Yes

JACUSTOMER-oyi920tx- :

because of alternative address of landlord is agentadress

Joshua :

Doesn't make a difference Im afraid. Claim must be against landlord company name not the agent or claim will fail

JACUSTOMER-oyi920tx- :

okey

Joshua :

I hope your claim goes well. I am about to log off to go to a meeting. If you need anything further do let me know

Joshua :

I should be very grateful if you would kindly take a moment to rate my service to you today.

JACUSTOMER-oyi920tx- :

if i cancel this claim and can i apply for a new for landlord

Joshua :

Sorry for the delay in replying to you.

Joshua :

Yes but you will need to confirm with the court first using the above address

Joshua :

I should be very grateful if you would kindly take a moment to rate my service to you today.

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