Lease agreement/tenancy agreement

[charitynjw]

Looks pretty slam-dunk to me.

Tenants, visitors (& possibly others?) are given licence to park roadworthy vehicles.
(Though probably not a http://military.wikia.com/wiki/Tanks_in_the_British_Army?file=Puckapunyal-Vickers-Medium-MkII-1.jpg )

I can't read it any other way.

[squire1234]

http://military.wikia.com/wiki/Tanks...ium-MkII-1.jpg

Haha I’d love to see there reaction to that parked somewhere in the estate.

My only concern is that the lease specifies where the vehicle can be parked (bay 88) but the vehicle was parked in a communal area/accessway when the PCNs were issued. The lease specifically mentions not to permit the vehicle to be parked in any location other than the bay (at least that’s how I read it). How can I swing that? Obviously it doesn’t mention anything regarding havingn to pay a penalty for non-adherence, which goes in my favour and which I’ve mentioned in my defence.

[charitynjw]

9. Subject to paragraph 3.2 of the Fifth Schedule the non-exclusive right for the Tenant and the tenant or occupiers of the Demised Premises his or their employees and visitors (in common with all other person having the like right) to park private roadworthy and fully licensed motor vehicles in any of the Visitor Parking Spaces on a first come first served basis

I reckon that covers it?

[squire1234]

It defines Visitor Parking Spaces as “Visitor Parking Spaces” means the area designated for use by persons visiting the Development from time to time”. That’s quite ambiguous to be fair but there are bays marked with a ‘V’ for visitors on both the estate plan and physically.

[squire1234]

not to park or allow to be parked any motor vehicle wheeled vehicle or other form of transport on any other part of the Development other than in accordance with the Fourth Schedule to this Lease

I imagine this is an issue of trespassing, which the PPC has no legal right to bring action over. So I just need to argue that parking terms are included in the lease and so a third party cannot change those rights, even if the car was not parked in accordance with the Fourth Schedule.

Thoughts?

[charitynjw]

Do you have NtKs for all 3?
If so are they substantially the same?

(Btw, it would seem that they are going for common law breach, if recent events are anything to go by.....obviously no guarantee on that.)

[squire1234]

Yep NTK for all three and yes all almost identical, except the dates of course. Cause is the same.

[charitynjw]

What have you done about the court claim issued 25th Feb?

[squire1234]

That's the one that I posted the defence for. I have until 1st April to file the defence so will submit tomorrow. Going to use an almost identical defence for the second court claim but also add a statement to see if they can combine the two.

[charitynjw]

That's the one that I posted the defence for. I have until 1st April to file the defence so will submit tomorrow. Going to use an almost identical defence for the second court claim but also add a statement to see if they can combine the two.

Yes, it could be regarded as abuse of process, & a waste of the court's time & resources.

They ought to have known that there was more than 1 potential case, so to issue 2 (possibly 3) court claims for what is substantially the same cause of action?
Point out that there were letters before claim for each before the claims were issued.
They're just after 'double bubble'. (Maybe triple.)

Cross refer the Defence statements with the two claim numbers in the paragraph you insert.

[squire1234]

They're just after 'double bubble'. (Maybe triple.)

Well this is the thing, each ticket was worth £100 (outside of the 14 day 40% discount window) but each court claim is for £245 with their "legal costs" and other alleged extra costs. Between 3 tickets that would be 3x £245 = £735, £435 extra on top of the original ticket penalty.

Yes, it could be regarded as abuse of process, & a waste of the court's time & resources.

They ought to have known that there was more than 1 potential case, so to issue 2 (possibly 3) court claims for what is substantially the same cause of action?
Point out that there were letters before claim for each before the claims were issued.
They're just after 'double bubble'. (Maybe triple.)

Cross refer the Defence statements with the two claim numbers in the paragraph you insert.

Any recommendation on how to phrase the points you made in terms of a defence? I will add the paragraph to both statements.

[squire1234]

Defence #1 filed. This is Claimant's response:

We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.

Worth writing to them again regarding lease and deficient NTK to see if they'll drop charges or is it a waste of time? Also to show the court that I tried to settle dispute prior to hearing.

[charitynjw]

Defence #1 filed. This is Claimant's response:



Worth writing to them again regarding lease and deficient NTK to see if they'll drop charges or is it a waste of time? Also to show the court that I tried to settle dispute prior to hearing.

The Claimant has nothing to lose & poss everything to gain at this stage by blundering on, hoping you will capitulate.
They don't have to pay any extra until the case is allocated.
Special direction my ar....er, foot!
They quite often say this, then turn up at the hearing, hoping you won't.
You will be contacted by Small Claims Mediation after the court has sent your own DQ to you, & you have completed & returned it.
Btw, what have the other party ticked (or not) re mediation?

[squire1234]

The Claimant has nothing to lose & poss everything to gain at this stage by blundering on, hoping you will capitulate.
They don't have to pay any extra until the case is allocated.
Special direction my ar....er, foot!
They quite often say this, then turn up at the hearing, hoping you won't.
You will be contacted by Small Claims Mediation after the court has sent your own DQ to you, & you have completed & returned it.
Btw, what have the other party ticked (or not) re mediation?

They ticked no to mediation. Also requested in special direction for it to be a paper reading and to be heard in Claimant's court.

[charitynjw]

They ticked no to mediation.
I'd tick 'yes' & earn some Brownie points!

Also requested in special direction for it to be a paper reading and to be heard in Claimant's court.
See above.

Not their choice,
It wiil be heard in your local court (or one that's convenient to you.)