Tweet
I've received a Court Claim for about £270 relating to an alleged parking offence in a car for which I was the registered keeper, in a block of apartments in 2017.
At the time, my granddaughter owned the leasehold on an apartment in the block. The Right-to-Manage company, via the Managing Agents, had signed a parking enforcement agreement with a Parking Operating Company, and this company required residents to purchase and display a permit. The car was in fact displaying one, but the Managing Agents had some months earlier switched Parking companies and the old permit display was not, they claim, valid.
My defence will be that my granddaughter had a right to park under her Lease ("The Flat includes.....8.2.1.0 The right to park one private motor car in such location as the landlord shall from time to time determine"). Since the Leaseholder, RTM and Managing Agents had not issued a variation, her enduring right under that Lease trumps any agreement that the RTM and/or Managing Agent may have cooked up with the parking company, and that she was under no obligation to purchase or display a permit.
My questions are:
1. Is there anything else I ought to take into consideration?
2. Does her right to the parking space extend to a visitor's car?
Thanks
N
At the time, my granddaughter owned the leasehold on an apartment in the block. The Right-to-Manage company, via the Managing Agents, had signed a parking enforcement agreement with a Parking Operating Company, and this company required residents to purchase and display a permit. The car was in fact displaying one, but the Managing Agents had some months earlier switched Parking companies and the old permit display was not, they claim, valid.
My defence will be that my granddaughter had a right to park under her Lease ("The Flat includes.....8.2.1.0 The right to park one private motor car in such location as the landlord shall from time to time determine"). Since the Leaseholder, RTM and Managing Agents had not issued a variation, her enduring right under that Lease trumps any agreement that the RTM and/or Managing Agent may have cooked up with the parking company, and that she was under no obligation to purchase or display a permit.
My questions are:
1. Is there anything else I ought to take into consideration?
2. Does her right to the parking space extend to a visitor's car?
Thanks
N
Comment