bwlegal VCS final notice x 3 for parking in my own parking space I have a permit for

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Got this letter back off bwlegal, do you think I should respond with more cases? My tenancy agreement doesn't actually mention a car park space.

[charitynjw]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Hello yeah the space is assigned but it mentions nothing about it in the lease. Their is the standard quiet enjoyment without interruption clause, except when in breach of tenancy agreement.

So quiet enjoyment includes the use of the space you were assigned and nothing can detract from that.

My tenancy agreement doesn't actually mention a car park space.

It doesn't need to.....quiet enjoyment should cover it.

Ask them to send you their client's contract with the landowner and their client's KADOE contract with the DVLA, upon receipt of which you will review the matter further & will then consider disclosing the requested tenancy agreement.
That should put the cat among the pigeons, lol!

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

They responded with the contract with the property management company. Not the kadoe, as they know they are breaching it I assume.

[Gevans67]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

When was your NTK issued?

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

I never received that, I never heard anything about this until recently, I don't know where BW got my address as it isn't where I have my car registered.

The 3 tickets occurred in June 2016.

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

They are still at it with the original final notice back again but this time they are only sending one letter for one of the tickets, does that mean they are giving up? Would this be ok to send to them?

Dear Sir
I write with respect to your recent communication regarding

Template letters are not acceptable forms of communication. Further template letters will be ignored. As I have already stated;

1. No money is due, cease and desist
   
2. I have a right to peaceful enjoyment of property, your client cannot alter my leasehold agreement as per Jopson v Homeguard 2016 (heard on appeal), regardless of signage, no such permit is required to use my parking space.
3. Your comments in relation to the "Independent" Appeals Service are nonsensical and unfounded, it is well documented that County Courts routinely find against the parking company when the "IAS" has found in favour of them.

Refer to Pace V Mr N. should you need further proof I have no obligations to your client in this matter.

I demand you and your client cease and desist processing of my data obtained through a clear contravention of the terms of their KADOE contract with the DVLA.
TAKE NOTICE: If you persist in this course of action, I will report BW Legal to the CSA and SRA.

You should consider this a Section 10 Notice which gives you 21 days to respond or I will make a complaint to the Information Commissioner’s Office (ICO). Further, if you and/or your client continue to process my data I will seek damages for distress for this continued data protection contravention. Vidal-Hall v Google [2014] EWHC 13 (QB) establishes that misuse of personal data is a tort and that damages for a breach of the DPA could include non-pecuniary damage. The case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 provides authority that a reasonable sum for compensation would be £750 so you may consider yourselves and your clients on notice of my intention and the distressing effects on me, of your data mishandling.



Do not contact me again save to confirm your compliance with the section 10 notice.

[Gevans67]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Sounds ok, they’ll ignore whatever you send anyway. At least they know you know what your on about & will be trouble if they try court

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Well I didn't send it and now have received a letter before claim. I've noticed they have omitted to enter a date for when I should reply by. Also they are now only mentioning one of the tickets is there a chance they're sending other letters to my old address for the other ones? I don't want to remind them I've got other tickets from them obviously.

Any idea what to respond with? Obviously not a standard one as there's not a parking charge involved
[MENTION=5553]charitynjw[/MENTION]?@gevans67?

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

[charitynjw]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

If you've only just received this, it is utter bullcrap.
It does not conform to the new debt pre action protocol, & is nonsensical to boot.
They've been instructed to issue a court claim without further notice, unless they've been paid before?
Clearly it does not even try to adhere to Civil Procedure Rules.

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

I'm not finding much about the new protocol, does this basically invalidate any claim they try and make if they don't follow the procedure?

Any idea what my next step should be?

[charitynjw]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

It's early days for the new PAP, so I've not seen any info on how the courts will view non compliance....no real surprise, as the PAP only came into force 1st October & it typically takes many months for a court claim to wend it's way through the system to a hearing.
My guess would be that, depending on the seriousness & the detriment to the other party, some kind of sanction would be imposed, but who knows?

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Doesn't even look like they've updated the paper work on the website for the N1 form.

I'm expecting a claim form from them soon is there anything I should do to prepare for it?

Thanks

[charitynjw]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Have you received anything back from DVLA yet?

[Liam2345]

Re: bwlegal VCS final notice x 3 for parking in my own parking space I have a permit

Yes got the list of information requests from VCS around the time of tickets