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UKPC SCS Letter Before Action - Parking In My Own Space, Help requested by parking space owner
Liz2000
post Sun, 4 Feb 2018 - 22:59
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Hi All,

Please forgive me if this is stuff that has been covered elsewhere, but I promise I have spent a few hours reading this forum , and others, before posting!

This is the situation as concisely as I can manage:-

Problem: UKPC sent me multiple invoices (all a few years ago) for in their words: “parking in a Resident Permit Holder Parking Space without clearly displaying a valid permit”. The said parking space is owned by me, within a shared residents’ car park. My lease doesn’t mention parking permits, so while there have been various schemes introduced - with no consistency - while I have lived here, and I do have a permit, my view has always been that my ownership of my space gives me the right to park there as I see fit, without the need to display a permit (clearly or otherwise). I have just read the judgement in Link Parking vs Parkinson which seems to take the same view in that particular case. I haven’t had any legal advice myself as yet.

Legal Letter: After various letters from UKPC on their various letterheads over the years, followed by long periods of silence, I have now received a Letter Before Action from SCS Law for the total sum including their penalties, the total of which is rather large – with costs, this would be in four figures. They mention Parking Eye vs Beavis in defence of their charges, although in my case this is residential property and not commercial as in Beavis.
Action: I would dearly love to defeat these legalised gangsters, but while I’m happy to argue with them and their solicitors in writing, the idea of court is daunting – I have zero experience, like most people I guess. I am torn between wanting to defend this on principle, but not wanting to be intimidated in court by UKPC and their lawyers due to my lack of experience.

First Move: In the first place I need to reply to the LBA, and I have a few questions on a suitable response:-
• I have to meet the deadline for my response, but how much detail of my defence and arguments should be contained in my reply? Would I be able to add more points in a statement if I receive court papers later? I say this because I am intending to try to gather more information about the operation of the parking scheme from our managing agents if possible.
• Should I ask SCS for any specific documents at this stage, and are they obliged to send them to me? There is a space to ask for documents but not sure what I should be asking for other than a copy of their contract to be onsite. Am I obliged to supply them with anything they request (e.g. a copy of my lease) at this stage?
• Should I mention a counter-claim (e.g. for use of my details/ my costs/ trespass) at this point in time, or is that premature?
• Should this reply be sent by regular post (their letter to me was not sent by recorded post so I would assume this is acceptable)?

Thanks for reading, and all advice appreciated!
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post Sun, 4 Feb 2018 - 22:59
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Liz2000
post Fri, 9 Feb 2018 - 22:30
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My lease contains the following provisions:-

"The Lessor covenants with the Lessee
[Y] The right from time to time to park a domestic private motor vehicle in any underground space specifically allocated"

and in a supplemental Deed:-

"It has been agreed between the Lessor and the Lessee that the Lease shall be revised so as to give the Lessee the right to park a domestic private motor vehicle in a space as allocated by the Lessee by the Lessor
This Deed Witnesseth as follows:-
In consideration of the sum of X paid by the Lessee to the Lessor (the receipt of which sum the Lessor hereby acknowledges) an in accordance with paragraph [Y] of The Schedule to the Original Lease the Lessor grants the Lessee the right to park a private domestic motor vehicle in space X" (plus plan showing said space in car park).

Also referenced later in the lease as follows:-

"Not to park or keep or permit to be parked or kept any motor car wheeled vehicle or other form of transport or any caravan boat or trailer on the Property or any part of the land now or formerly comprised within the title before mentioned except that this covenant shall not prevent (i) the parking in accordance with clause [Y] hereto a domestic private motor vehicle which is of roadworthy nature and in regular use (ii) the temporary loading and unloading of articles being delivered to or collected from the demised premises and (iii) allowing passengers to alight and board and in the event of the Lessee failing to observe and perform this covenant the Lessor and/or the Company shall be entitled to remove or procure the removal of any of the said items parked in contravention of this covenant and the costs therefor shall be a debt due from the Lessee to the Lessor and/or The Company and forthwith recoverable by action as rent in arrear"

'Quiet Enjoyment' Clause

"That the Lessee paying the rent hereby reserved and performing and observing the several covenant conditions and agreements herein contained and on the Lessee’s part to be performed and observed shall and may peaceably and quietly hold and enjoy the demised premises during the said term without any lawful interruption or disturbance from or by the Lessor or any person or persons rightfully claiming under or in trust for it"

My obligations include:

"The Lessee hereby covenants with the Lessor
Not to park in any car parking space within the Common Parts save for such underground parking space as may have been specifically allocated (if any)"

An additional clause is included as below which applies to the whole of the lease

The Lessee hereby covenants with the Lessor to
"Comply with and observe any reasonable regulations which the Company may consistently with the provisions of the Deed make to govern the use of the Property an any part therefor such regulations may be restrictive of acts done on the property detrimental to its character or amenities and any costs charges or expenses incurred by The Company in preparing or supplying copies of such regulations or in doing works for the improvement of the Property providing services or employing gardeners porters or other employees shall be deemed to have been properly incurred by the Company in pursuance of its obligations under Part [N] of the Schedule hereto"

Any thoughts?
-Liz2000
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ostell
post Sat, 10 Feb 2018 - 07:59
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That looks like a good sensible lease.

I would forward copies of the relevant parts of that lease to SCS Law and tell them that you have an undeniable right to park within the property that cannot be varied by a third party stranger to the lease. Point out that there is no requirement to display a permit in the lease, nor pay if it is not displayed. You already have un undisputed right to park conferred by that lease and have no need to agree to another contract to park that their clients allege is in place. The land is demised to you and their client is trespassing on that land. To continue with the action, which is bound to fail, is vexatious and unreasonable and could have detrimental consequences for them in the matter of costs.

Wait for others
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nosferatu1001
post Sun, 11 Feb 2018 - 10:41
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The “consistent with the provisions of the deed” is the killer for you, screws them entirely. No way is it consistent to remove your right to park without displaying a permit, or bind you to contracting to a third party something demised to you, nor to interfere with your peaceful enjoyment of your space.

I would also tell the ma and ppc, via scs law, that their clients implied permission to enter your space is removed, including to look for any supposed “permit” to park in your space. This wil”be an act of civil trespass and you will, should they continue , apply for an injunction against the ma and the ppc at their cost.
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Liz2000
post Sun, 11 Feb 2018 - 12:32
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QUOTE (nosferatu1001 @ Sun, 11 Feb 2018 - 10:41) *
The “consistent with the provisions of the deed” is the killer for you, screws them entirely. No way is it consistent to remove your right to park without displaying a permit, or bind you to contracting to a third party something demised to you, nor to interfere with your peaceful enjoyment of your space.

I would also tell the ma and ppc, via scs law, that their clients implied permission to enter your space is removed, including to look for any supposed “permit” to park in your space. This wil”be an act of civil trespass and you will, should they continue , apply for an injunction against the ma and the ppc at their cost.



Interesting. There are various restrictive "rules" that have been introduced on this estate and we've been told "our lease says we must agree to them". I'm not against them all, but attempting to remove my rights as you have described seems to me to be unreasonable. if this issue is legally tested and proven in my favour, then things will have to change here.

I shall draft my reply.

Thank you and ostell for the lease comments.
-Liz2000

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Liz2000
post Sun, 18 Feb 2018 - 13:48
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Reply to SCS LBC now drafted; is this too much? I may have got carried away.

I originally had included arguments about the costs & the Beavis case not being applicable - leave those out for now and add to court defence if this proceeds?
I could also have added lots about signage, but as they didn't provide details, I have asked for those to be sent to me before I comment.

Critique welcomed, especially anything I may have omitted, misunderstood or used incorrectly - and thanks for reading.

Draft as below:-

----------------------

Refs, date etc

Dear Sirs

UK Parking Control Ltd – Response to Letter before Claim

I refer to your letter before claim dated 29 January 2018. This is my formal response for the purposes of the Civil Procedure Rules Pre-Action Protocol for Debt Claims

1. Proposed Claim

1.1 Parking of my vehicle in Bay XXX of the underground car park at my address as above, on [list of dates] in alleged breach of contract leading to a claim of £x against me by your Client, UK Parking Control Ltd

2 Preliminary Issues

2.1 The Letter Before Claim appears to be largely generic in format, and does not confirm to the Pre Action Protocol for Debt Claims sub-paragraphs 2.1(a),(b),©, 3.1a(iv), 5.1 and 5.2. As solicitors (particularly those engaged, like yourselves, in issuing large numbers of generic claims such as this) you ought to know that you have failed to meet the requirements. Please consider 2.2.1 to 2.24 below my formal request for information under the Pre Action Protocol .

2.2 In accordance with the Pre Action Protocol for Debt Claims sub-paragraphs 5.1 and 5.2, please forward details of the following within 30 days of this request-

2.2.1 Copies of un-redacted contracts in place on the relevant dates, showing the chain of authority from the landowner to your Client and establishing their standing to bring this Claim.

2.2.2 Details of the specific signage, with location, wording and font size(s) on which your Client is intending to rely (your mention of “signage throughout the site” is not sufficiently clear).

2.2.3 Photographs of my vehicle in relation to the signage on which your Client is intending to rely.

2.2.4 Any other documents that your Client intends to rely on in court


3 Response to the proposed Claim

3.1 The proposed Claim is disputed in its entirety.

Property Rights

3.2 Your letter incorrectly describes Bay XXX as “A designated Resident Permit Holder Parking Space” – it is not. The land on which I park my vehicle is land that is demised to me by Absolute Title, with no requirement to perform any covenant requiring display of a permit, such as described in your Letter Before Claim. I refer you, for example, to [Pace Recovery and Storage vs Mr N 16/09/2016 DJ Coonan]. I draw your attention to this part of the judgement in particular “I have before me a tenancy agreement which gives Mr [N. redacted] the right to park on the estate and it does not say “on condition that you display a permit”. It does not say that, so he has that right.”. Please also refer to [Jopson vs Homeguard 29/06/2016 Judge Harris QC] in which it was established that the lease terms took precedence over any parking regulations subsequently introduced.

3.3 My property Lease affords me the unfettered right to park a domestic private motor vehicle in any underground space specifically allocated, and specifically a Deed of Variation dated xxxx and from which I quote: “in accordance with paragraph 12 of Part 1 of The Schedule to the Original Lease the Lessor grants the Lessee the right to park a private domestic motor vehicle in space 111”

3.4 My property Lease also states that I must park in the allocated underground space (i.e. Bay XXX) and nowhere else.

3.5 My Lease cannot be varied without my consent.

3.6 My Lease has not been varied since 24/08/2007 (when parking bay XXX was purchased) with regard to parking in Bay XXX, neither has it been varied in any other respect related to parking. I refer you, for example, to [Link Parking v Ms P C7GF50J7 02/11/2016 DJ Metcalf] I draw your attention to this part of the judgment in particular: “I am not satisfied on the evidence before me…such that by engaging the company they have applied new and binding regulations on the leaseholders. A mere letter regarding permits would not, in my judgment, suffice in this regard”. I refer you also to [UKPC v Mr L, D2HW1A2M 12/2017 DJ Cawood].

3.7 My lease, from which I quote, states that I “may peaceably and quietly hold and enjoy the demised premises during the said term without any lawful interruption or disturbance from or by the Lessor or any person or persons rightfully claiming under or in trust for it”.

3.8 My Lease also states that any rules and regulations made by the Lessor under the terms of my Lease must be consistent with the provisions of the Deed, and must be reasonable. The following would neither be reasonable nor consistent with the provisions of the Deed: Removing my unfettered right to park in the bay that I own, and that I am specifically required to use under the provisions of the Deed; requiring me to pay if I do not display a permit while parked on my property; binding me to contract with a third party over something already demised to me. Such actions would also conflict with my rights in 3.7 above to peaceful enjoyment of my property.

I refer you, for example, to [UKPC v Mr Aziz Birmingham 09/01/2017 C2HW01A6. DJ Gibson] and [Link Parking v Ms P C7GF50J7 02/112016 DJ Metcalf].


3.8.1 Notwithstanding the explanation at 3.8, the remedy for any breach by me of Lessee covenants would lie with the Lessor and not with your Client.



Primacy of Contract

3.9 Notwithstanding my unfettered right to park in Bay XXX, as detailed in 3.2 – 3.8 above It is alleged by your Client that by parking on my own land (Bay XXX) I entered into a contract with your Client, which is specifically denied by me, for the reasons below.

3.10 A prior contract exists which cannot be over-ridden by your Client. My Lease, which pre-dates your Client’s actions at my property, forms primacy of contract.

3.11 No chain of authority has been shown between the landowner and your Client. I refer you, for example, to [UKPC v Ms R C4HW0G3N 08/03/2017 DJ Iacopi]. and [UKPC v B. 8/02/2017. B2QZ1J4J. DJ Cross]

3.13 Signage at the site would only be capable of forming a contract in certain circumstances, including but not limited to, the absence of an existing contract. As there is an existing contract that would render signage irrelevant in this case; however, since you are relying on it, you must provide full details to me. I have requested the details at 2.2.2.


4 Continuation of Claim

4.1 In compliance with the Pre-Action Protocol, I have enclosed the relevant part of my lease establishing my property rights, and I invite your Client to reconsider this Claim, and further, to cease and desist from entering my property (Bay XXX) or affixing any notice to any vehicle parked therein.

4.2 To continue with this action, which is bound to fail, would be vexatious and unreasonable, and could have detrimental consequences for your Client in terms of costs.
.
4.3 If you fail to provide the requested documents within 30 days, and proceed to litigation, I will immediately apply for a stay, at your client’s expense, until you comply. I will also notify the Solicitors Regulation Authority of your inability to follow this most basic requirement.


5 Counter Claim

5.1 You will know that as this is a residential location the residents will have a lease or agreement for the property they own or rent. It would be incumbent upon you to consider the leaseholder rights in respect of the use of allocated parking spaces

5.2 Careful scrutiny of a relevant lease would be required to confirm or refute your legitimacy in even taking on a contract for parking management. You have therefore failed in the duty of care necessary in your collection and processing of my personal details.

5.3 If your Client continues to litigation I shall be submitting a complaint to the Information Commissioner’s Office about your misuse of personal data, and issuing a counter-claim against your Client for x breaches of the Data Protection Act at £200 for each wrongful application for, and misuse of, my personal details from the DVLA, and x counts of trespass on my property as evidenced by affixing notices to the windscreen of my vehicle at £160.00 per occasion. Total amount of the claim £x.


Yours faithfully etc
Documents Enclosed: Copies of relevant parts of Lease for XXX my property and Parking Bay XXX and PAP Reply form
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Steve_999
post Sun, 18 Feb 2018 - 16:14
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Small typo -

"2.1 The Letter Before Claim appears to be largely generic in format, and does not confirm to. . . . " should be ". . conform . . "
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Liz2000
post Sun, 18 Feb 2018 - 18:33
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QUOTE (Steve_999 @ Sun, 18 Feb 2018 - 16:14) *
Small typo -

"2.1 The Letter Before Claim appears to be largely generic in format, and does not confirm to. . . . " should be ". . conform . . "



Oops - those darn vowels! smile.gif Thank you, well spotted; now corrected.

-Liz2000
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4101
post Sun, 18 Feb 2018 - 19:28
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'counterclaim' is one word.

I would also add the following:

'I require your immediate written undertaking that all unjustified ticketing will stop, failing which, I will issue without further notice proceedings for trespass to my vehicle and the appropriate injunction. Your client will be liable for costs."

This post has been edited by 4101: Sun, 18 Feb 2018 - 19:29
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Liz2000
post Tue, 13 Mar 2018 - 14:59
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Update: letter just received from SCS Law....

QUOTE
"Thank you for your correspondence. In light of the documentation you have provided, my client has decided not to pursue the claim."


Very sensible of them, I would say.

If I may repeat the advice already offered to others: To anyone else with residential parking "management" in place, if you don't already have it, get a copy of your lease - it will be invaluable.

Thanks to all who offered advice in this forum, and The Parking Prankster's blog was also really useful.


-Liz2000




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nosferatu1001
post Tue, 13 Mar 2018 - 15:24
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Did you get their WRITTEN undertaking they will no longer ticket?
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Liz2000
post Tue, 13 Mar 2018 - 15:49
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QUOTE (nosferatu1001 @ Tue, 13 Mar 2018 - 15:24) *
Did you get their WRITTEN undertaking they will no longer ticket?



No, they didn't commit to that - the above quote was pretty much the whole letter.

-Liz2000
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nosferatu1001
post Tue, 13 Mar 2018 - 18:18
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Then respond back. Otherwise they’ll start harassing again.
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Liz2000
post Tue, 13 Mar 2018 - 18:48
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Has anyone here received this kind of written assurance from one of the parking companies?

I will do that, though. It would be a much shorter letter to write this time.

thanks
-Liz2000
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nosferatu1001
post Wed, 14 Mar 2018 - 07:40
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I believe so - needs to be strongly worded to confirm that they have no authority to go anywhere near your space, or your vehicle, and that further ticketing will be evidnece of trespass. Their implied right to enter your space is removed, to them and any other agents, and if further tickets are issued you reserve the right to without further notice take all legal remedies open to you, including a claim for trespass, harassment and breach of the DPA alongside obtaining an injunction against them. This will be at their and their principals expense.
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Umkomaas
post Wed, 14 Mar 2018 - 07:58
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UKPC will be well aware of the consequences of further trespass on your property. You might like to remind them in your letter that you will not hesitate to follow the lead provided by Mr Roger Davey QC, should their warden place one toe on your parking space. They'll get the message!

https://www.consumeractiongroup.co.uk/forum...ass-**SUCCESS**
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