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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This is more of clarification that legal question. I'm

Resolved Question:

Good evening,
This is more of clarification that legal question.
I'm renting parking spot from letting agency called 1stAvenue in Greenwich. The parking place owner living in the different place called Pinnacle place (next block). The parking space is located in the very same building as the landlord.
Last November Pinnacle place update permit holders card. I haven't received any update from 1stA, the Pinnacle place neither from the landlord.
Since then I have been, restricted to access the Car Park without assistance concierge form Pinnacle place and more importantly receiving PCN's (Penalty Charge Notices) in total cost of £720 GBP now.
To resolve this, I've asked 1stA for an issue a confirmation letter that I can use to prove my right to park there, but also clear all charges. Unfortunately, PCN's haven't responded for over the months and the landlord decides to raise the monthly rent above my budget.
Therefore I decided to terminate the contract with 1stAvenue.
Now I'm afraid this will come back to me and I'll be responsible for payment of all PCN's.
Regardless unpleasant attitude and practices of letting agency.
Would you mind to suggest any possible steps?
Thanks in advance for helping me out
With Best Regards,
Jiri
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

Hello Jiri my name is ***** ***** I will help you.

Did you appeal any of the PCN's?

Alex

Customer: replied 9 months ago.
I have paid one of them. The rest still remain uncovered.
Expert:  Ash replied 9 months ago.

Why did you not appeal the others?

Customer: replied 9 months ago.
Hi Alex,
thank you for your quick reposnd. Unfortunately, I'm in the office now. Is it possible to sort this via chat?Thank you for letting me know.
Jiri
Customer: replied 9 months ago.
Because the 1stA respond that they will appeal on my behalf. as this was "their fault"
Expert:  Ash replied 9 months ago.

Ok. Did they say they would appeal all the notices?

Customer: replied 9 months ago.
twice (verbaly and in)
Expert:  Ash replied 9 months ago.

ok then under the Protection of Freedoms Act you are as owner liable for the fines.

So you should pay them but consider using proceedings against 1stA for failure to pay.

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.
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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.
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.
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 for trial.
Can I clarify anything for you about this today please?

Alex

Customer: replied 9 months ago.
twice (both verbally and in writing)=== 20th May ===
On Mon, 9 May 2016 at 11:45 Charlotte Williams <*****@******.***> wrote:
Hello JiriThank you for the below email.Luke is still investigating the PCN's, can i just clarify can you gain access to the parking space now?The landlord has requested to increase the rent to an amount they require for the parking space.Please can you confrim by close of business today if you are happy to increase the rent otherwise i will arrange for the parking space to be re- let today.Kind regards *****Property Management Administrator=== 20th June ===
Dear JiriAs I understand it you have been previously advised to challenge any tickets received and to liaise with the concierge on this. We are not able to do this for you. I believe that Luke and Victoria offered to assist and to meet with yourself and the concierge to try and resolve this but this never happened.You will continue to be charge for the space until the fob and permit are returned.1st Avenue do not manage the car parks, our involvement is simply to rent them out on behalf of the owners. The car parks are managed by the concierge on behalf of the management company, and any issues are to be resolved between yourself and them.There is nothing further that we can do on this.
…Kind RegardsJamie Brind
Head of Property Management
1stavenue.co.uk Ltd
Expert:  Ash replied 9 months ago.

Can you see my response above? Alex

Customer: replied 9 months ago.
essentially for their inability to manage the parking space I have to pay the fees and go to court all in my expense before I even know I can win ...
Customer: replied 9 months ago.
I'm sorry I don't mean to be rude, it has been just so frustrated and now there are more important things to do ...
Customer: replied 9 months ago.
I'll follow your advice ...
Customer: replied 9 months ago.
What would be the step by stem process and how long does it take?
Customer: replied 9 months ago.
Essentially what time-investment we are talking about.
Customer: replied 9 months ago.
Hallo?
Expert:  Ash replied 9 months ago.

cant you see what you need to do above? Write and ask for payment then issue proceedings.

You can also add interest at 8% per year.

The whole process will either take 2 weeks if no response or 4 months if defended.

Does that clarify? Alex

Customer: replied 9 months ago.
it does, Can I also claim the time I had to spend on this. As I'm self-employed, it cost me almost three days which in my case is £550+VAT I have lost ...
Expert:  Ash replied 9 months ago.

No, it's a small claim and these costs are not recoverable.

Does that clarify? Alex

Customer: replied 9 months ago.
it does,
Although, £1,930 os not a small cost for individual like me
Expert:  Ash replied 9 months ago.

You can not claim time spent, but the actual cost of the claim. The small claims limit is £10,000

Can I help with anything else today? Alex

Customer: replied 9 months ago.
Ok how do I do that?
Expert:  Ash replied 9 months ago.

Can you not see my response I gave at 3:59 that outlines the steps you need to take? Or I can repeat it here again if you prefer. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 9 months ago.
Apologies I misunderstood, I thought I could claim the time lost.I think it answers all my questions today. It's been pleasure to talk to you.
Customer: replied 9 months ago.
I'll definitely use this service again very soon as there are few other things to sort out.Thank you very much for your time and advice.With best regards
Jiri
Expert:  Ash replied 9 months ago.

Happy to help. Remember to ask for me in future if you wish!

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