Hi,
I have read the newbies forum and done some researches around the forum. I have some understanding of what I need to do but would be much appreciated if I could get some advise!
I am the owner of a share of freehold property where there is parking spaces outside of the building.My case is similar to the case below:
[https:// parking-prankster.blogspot.com/2017/06/residential-ticket-only-cancelled-after.html
Except that the parking permit is not a newly introduced system.
The Incidents
Back in 2015, I parked my car as usual at one of the available parking spaces without noticing that the permit dropped to the floor whilst I turned the car at some point before I park.
I got a PCN the next morning. Within the same day or two (poor memory from my part), I rang parking management company and told them I am an owner and therefore entitled to park anyway. They refused to cancel the ticket and suggested me to appeal to POPLA. I appealed to POPLA stating the truth as aforementioned, together with a scanned copy of my V5C to prove the registered address of the car matched my address, as well as a scanned copy of the parking permit and the letter from solicitor that confirmed I am the owner of the property. POPLA eventually refused my appeal based on the evidence submitted by the parking mangament company (photos of my car without permit, photo of the sign at the car park). After that, several different debt collectors have been sending threatening letters for couple of years. It stopped for a year and until recently BW Legal started sending me letters again and I have received the Claim form few days ago, with the claim amount being just under 300quid T.T
Initially I was worried and was debating myself that I might as well just pay off the claim once and for all. But when I realised that I am not able to pay online but rather have to send money to the parking management company with all my personal detail, I decided to fight back....
Points to be taken
In my lease, it states that the I have the right to use in common with the Lessees and the occupiers of all other flats and their visitors the Reserved Property (includes gardens drives paths and forecourt) subject to provision of another part of the Lease and to further rules and regulations for the common enjoyment therof as the Lessor may from time to time prescribe.
In that "another part" of the Lease, the only relevant part to parking is:
Not to leave or part or allow or suffer to be parked any private motor car on the Reserved Property so as to cause obstructions to e.g. ramp leading to basement etc
AND any such private motor car parked on the Reserved Property in conformity with the requirements hereof shall at all times be fully taxed and insured and in a roadworthy condition.
So in no part of the lease states that a parking permit is required for parking.
I also understand from the research that "parking company could not override the tenant's right to park by requiring a permit to park".
Where I am
I am now in the stage where I have submitted acknowledgment of the service this week. I have taken the letter written from the link above and adopted to my situation.
BW Legal has sent me another letter two days after I received the Claim Form, pointing out that following expiry of a pre action protocol letter before action, they have issued legal proceedings. They also states that it is not too late to get in touch and would like to discuss option available to prevent CCJ, including an instalment plan (how thoughtful of them).
1. What I am unsure now is that, is it still worth sending the "Letter before claim" to BW Legal, the parking management company and the property management company like the link above? Or is it too late now that this is definitely going to court?
2. In my adapted version of the "Letter before claim", I have currently removed the data protection (or GDPR to be more update) elements as I am not sure how it works given that I have sent all my information to POPLA in first place and that POPLA then shared with the parking management company due to my appeal. So I am not sure how the breach of GDPR apply in my case? Does it apply due to the fact that the parking management company shared my information with several debt collectors in the past and now BW Legal?
Your advice is much appreciated!
Many Thanks
