Claim form received from for parking ticket 3 years ago!

[charitynjw]

Re: Claim form received from for parking ticket 3 years ago!

Could you type that bit verbatim?

[Anneam12]

Re: Claim form received from for parking ticket 3 years ago!

To pay the Landlord or Agent the cost of any repairs of any mechanical or electrical appliances belonging to the Landlord arising from misuse or negligence by the Tenant, his family or his visitors.

To replace promptly any broken glass with the same quality glass where the breakage was due to the negligence of the Tenant, his family or his visitors.

10.17 To take all reasonable precautions to prevent infestation of the Premises and to pay for the eradication of any infestation caused by the negligence of the Tenant, his family or visitors.

26 Other Repairs
26.1 To keep in repair and proper working order, within a reasonable period of time, all mechanical and electrical items belonging to the Landlord and forming part of the Fixtures and Fittings, unless the lack of repair is due to the negligence or misuse of the Tenant, his family or visitors.

34 Removal of Goods
34.1 The Tenant will be responsible for meeting all reasonable removal and/or storage charges for Small Items, that are left at the Premises by the Tenant, or the Tenant’s guests or visitors, after the end of this agreement. For the purposes of this clause, Small Items are defined as those that which can be easily moved and stored by one person, without the use of moving equipment.

36. Interruptions to the Tenancy
36.1 If the Premises are destroyed or made uninhabitable by fire, or any other unforeseeable risk, rent will cease to be payable until the premises are reinstated and rendered habitable, unless the premises are rendered uninhabitable by anything (whether in whole or in part) done or not done by the Tenant, his family or visitors.

[charitynjw]

Re: Claim form received from for parking ticket 3 years ago!

Unless the resident has agreed in writing to vary the tenancy agreement (either personally or consented via a resident's assn or similar) it would seem that they have an unfettered right to park on the demised premises.
This right can be derogated to include visitors.
http://parking-prankster.blogspot.co...enant-can.html

[Anneam12]

Re: Claim form received from for parking ticket 3 years ago!

Hi R0b,

I've drafted my defence still some work to do but I hope I'm going on the right direction. The date on the claim form is 15th August 2017. Please let me know what you think of my defence draft.

Thanks

[charitynjw]

Re: Claim form received from for parking ticket 3 years ago!

The date on the claim form is 15th August 2017.

September?

[charitynjw]

Re: Claim form received from for parking ticket 3 years ago!

In the paragraph sub-headed 'Signage' you come perilously close to ID'ing yourself as the person driving the vehicle at the time.
If it were me I'd change the words 'I have...' to 'The driver has no contractual relationship....'.

In the bit sub-headed 'Legal Right' you mention a tenancy agreement but imho you don't do enough to highlight your argument.
The driver was visiting a resident.
Resident's right for quiet enjoyment.
Resident has not consented for the parking regime.
The right can be used to cover visitors.

[Anneam12]

Re: Claim form received from for parking ticket 3 years ago!

September?

Sorry yes 15th September.

[Anneam12]

Re: Claim form received from for parking ticket 3 years ago!

Hi charitynjw,

ive just received an email from gladstones after I submitted my defence. They are asking for a paper hearing? And no mediation?