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Court Claim - NPM
GardaBaker
post Mon, 12 Feb 2018 - 20:39
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Hi all,

Unfortunately within the last few days I was in receipt of a court claim from NPM for a rather large sum. I've already acknowledged receipt so have had my time to prepare a defence extended to 28 days. I'm posting here to get some advice and hopefully some help on how I can defend this claim, if that's not too much trouble.

As I know I should be careful with sharing too many details, what things am I allowed to share from the claim to better help prepare my defence?

The Particulars of Claim that they have sent with the form, are very flimsy. They have use two different amount of PCNs (i.e., they start with X PCNs and then end saying they want to claim Y PCNs), they have a date wrong about when contact was made, and they have said that the collections cycle continued but I was in receipt of no further letters. I think they have sent the letters to my old address, yet have sent new PCNs to my new address - could this warrant a potential DPA breach counterclaim?

A little backstory to the situation:
I live in a block of flats that have NPM operating in the car park, and have been issued several PCNs for not having a permit displayed in the car I own (they have pursued me as the keeper rather than the driver, despite me saying I will not tell them who the driver is). In my tenancy agreement it mentions nothing about a private parking company, but it does say I have the right to quiet enjoyment of the property. I'm trying my best to contact the landlord to see what the lease says about the parking space, but nothing so far. I found out today though that when the property was first built, there was no PPC in the area - they came later.

I have also contacted the property management company to ask if they will end this dispute, as they were the ones that hired them. They refused. I then asked for them to provide me with the contract they have with them and also with the agreement from my landlord. They refused. Which makes me believe that either they are just completely unhelpful, or they know the contract hasn't been agreed by the landlord and they have no right to be operating here.

I should note that unfortunately when the PCNs were first issued to me, I ignored them as I was under the belief that it would go no further (I read some very misguided posts when checking online) and I regret ignoring them as it was a foolish mistake - had I known what I know now, I would have kicked back straight away.

Can someone please advise me on what I should do next? I've read many posts about this issue and seeing all this information is quite overwhelming and it's a lot to take in all at once.

Many thanks,
G
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GardaBaker
post Tue, 13 Feb 2018 - 19:12
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QUOTE (Jlc @ Mon, 12 Feb 2018 - 21:00) *
Pictures of signs would be useful. (Although multiple tickets can diminish some arguments)


Forgot to take this earlier, but here’s the sign that’s in the area.



This post has been edited by GardaBaker: Tue, 13 Feb 2018 - 19:25
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post Tue, 13 Feb 2018 - 19:12
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cabbyman
post Tue, 13 Feb 2018 - 19:43
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You are not entitled to see the superior landlord's lease. You are asking for it as a favour. You need to be nice to them.

The letting agent is merely employed by your superior landlord to find him a tenant, draw up an AST and, presumably, collect rent and manage that one 'flat.'

The freeholder and Management Company/Agent will have responsibility for the whole complex and will have contracted the PPC. They will be the target of any cause of action that you may be able to bring about as a result of the practices of NPM.

Don't confuse the roles, rights, responsibilities and powers of the various parties involved.


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Cabbyman 8 PPCs 0
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