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#Post#: 101225--------------------------------------------------
LoC for Residential PCN - AST - No permit - Derogation from
grant Q.
DIR By: maxxx778
Date: December 6, 2025, 3:54 am
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Have a LoC for a PCN - no permit displayed in residential
parking where I am tenant.
The AST gives unfettered parking rights with no mention of
permits or any parking management. Just taxed/roadworthy/no
commercial vehicles. The AST pre-dates any parking management by
several years.
I have collated a lot of the excellent knowledge on here to
submit my response including primacy of contract, not compliant
with PAPDC. Many thanks.
My question is has anyone on here been successful with a
counterclaim against the landowner as jointly /severally liable
with PPC for derogation from grant.
Being a holder of AST I cannot bring in Landlord and Tenant Act
1987 S37 - requiring a poll and consent of leaseholders to vary
lease, as it is not a long lease. Surely if my tenancy had been
varied I would know about and signed for it.
Is it worth pursuing this or a breach of rights to quiet
enjoyment.
#Post#: 101232--------------------------------------------------
Re: LoC for Residential PCN - AST - No permit - Derogation from
grant Q.
DIR By: Dave65
Date: December 6, 2025, 5:13 am
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have you approached the management agents about this ?
#Post#: 101257--------------------------------------------------
Re: LoC for Residential PCN - AST - No permit - Derogation from
grant Q.
DIR By: b789
Date: December 6, 2025, 7:49 am
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Counterclaim for what? Which unregulated private parking firm
have infested your location and which bottom-dwelling bulk
litigation firm have they used to submit the Letter of Claim
(LoC)?
Irrespective of which firms you are referring to, simply
threatening a counterclaim will not stop them issuing a claim
and, unless you have something substantial the counterclaim
with, you are likely to do your case mare harm that good. You
can always sue later (separately from a combined
defence/counterclaim) if you have good reason to do so.
A Part 20 counterclaim will stop them from just discontinuing or
having the claim simply struck out. If the claimant usually
discontinues, a counterclaim filed under Part 20 may become
'stranded'. Once the main claim is discontinued, the court has
discretion whether the counterclaim continues as a standalone
claim or is struck out. CPR 38.7 and CPR 20.9 are relevant here.
Discontinuance doesn’t automatically kill a counterclaim, but
the court may require you to pay a fresh fee or re‑issue
it.
If you keep the counterclaim separate:, you avoid procedural
entanglement. You can issue your own claim in the ordinary way,
ensuring it isn’t dependent on the claimant’s tactical
discontinuance. But you pay a separate issue fee and run a
separate timetable. It is no more expensive or cheaper than if
you file a Part 20 counterclaim with the defence/AoS.
If you show us the LoC and any PCN referred to in that letter
(original Notice to Driver/Keeper only. No reminders.) we can
advise further on how to respond and what happens next.
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