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Hi all,
Yesterday had the displeasure of getting a court claim letter from Civil National Business Centre (picture attached fig. 7) and trying to figure out my options, I feel really out of my depth on this.
To give a bit of background: Between 2022-2023 I lived in an apartment complex where the resident parking required a parking permit. Initially this permit did not need renewing but after a year the parking management company was changed and everyone needed to re-register on a different system. On this new system you now needed to renew your parking permit every 12 months. I wasn't aware the permit expired for 3 months until I have received letters from DCBL informing me that there are 9 outstanding PCNs. The reason I didn't even get the initial PCNs is that I didn't update the address on my V5C and only did it on my diving licenses so I assume all the letters went to the old address, this meant that I never got a chance to dispute the PCNs as they had already gone to DCBL once I was made aware of them.
As mentioned I don't really know much about the laws and regulations around this but from my perspective I have 2 stronger points of defense:
1. Each resident is entitled to one parking spot and this is in my tenancy agreement (picture attached fig.1). Wouldn't this take precedence over any "parking contract" you enter into when entering the car park?
2. There was official communication from the building management that any PCNs issued due to permit expiring will be cancelled (picture attached fig. 2). There were so many people that didn't renew their permit which just shows that the communication and reminders were inadequate or non-existent. There are endless posts on the residents FB page about this company ripping us all off.
Somewhat weaker defense points:
1. The amount being asked is absurd for something that is a free parking permit. Can I not claim that this is unfair?
2. No reminders were sent out about permits expiring in the first place despite their portal indicating that they would be. (picture attached fig. 3)
3. Confusing messaging from customer support about whether permit renewal is required or not. (picture attached fig. 4)
4. BaySentry, the company managing the parking lists an invalid email address on their website where they state disputes should be sent to. (picture attached fig. 5)
I have also attached the letter of claim from DCBL (fig. 6)
Additional questions:
How badly could this affect my credit score if I fight this and lose my defense?
Any recommendations on who I could contact to get legal advice? Is this even a good idea, or will I just sink more money into this and end up having to pay anyways?
This whole situation is seriously depressing, the fact the residents pay this company to manage the parking so we, the residents, can park without issues to then by "fined" by the same company is seriously twisted and it boggles my mind how this is allowed. Any guidance on this would be very appreciated!
Yesterday had the displeasure of getting a court claim letter from Civil National Business Centre (picture attached fig. 7) and trying to figure out my options, I feel really out of my depth on this.
To give a bit of background: Between 2022-2023 I lived in an apartment complex where the resident parking required a parking permit. Initially this permit did not need renewing but after a year the parking management company was changed and everyone needed to re-register on a different system. On this new system you now needed to renew your parking permit every 12 months. I wasn't aware the permit expired for 3 months until I have received letters from DCBL informing me that there are 9 outstanding PCNs. The reason I didn't even get the initial PCNs is that I didn't update the address on my V5C and only did it on my diving licenses so I assume all the letters went to the old address, this meant that I never got a chance to dispute the PCNs as they had already gone to DCBL once I was made aware of them.
As mentioned I don't really know much about the laws and regulations around this but from my perspective I have 2 stronger points of defense:
1. Each resident is entitled to one parking spot and this is in my tenancy agreement (picture attached fig.1). Wouldn't this take precedence over any "parking contract" you enter into when entering the car park?
2. There was official communication from the building management that any PCNs issued due to permit expiring will be cancelled (picture attached fig. 2). There were so many people that didn't renew their permit which just shows that the communication and reminders were inadequate or non-existent. There are endless posts on the residents FB page about this company ripping us all off.
Somewhat weaker defense points:
1. The amount being asked is absurd for something that is a free parking permit. Can I not claim that this is unfair?
2. No reminders were sent out about permits expiring in the first place despite their portal indicating that they would be. (picture attached fig. 3)
3. Confusing messaging from customer support about whether permit renewal is required or not. (picture attached fig. 4)
4. BaySentry, the company managing the parking lists an invalid email address on their website where they state disputes should be sent to. (picture attached fig. 5)
I have also attached the letter of claim from DCBL (fig. 6)
Additional questions:
How badly could this affect my credit score if I fight this and lose my defense?
Any recommendations on who I could contact to get legal advice? Is this even a good idea, or will I just sink more money into this and end up having to pay anyways?
This whole situation is seriously depressing, the fact the residents pay this company to manage the parking so we, the residents, can park without issues to then by "fined" by the same company is seriously twisted and it boggles my mind how this is allowed. Any guidance on this would be very appreciated!
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