** Lost ** UKPC Residential Parking and County Court Claim

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

Thanks for that. So I just need to document when and where I was parked plus a copy of the whole of my lease?
Also to throw a spanner in the works, after a brief conversation with the Property Management Company I have been supplied with this diagram.

DAB-parking-scheme-2012 by Frank Ransom, on Flickr

[mystery1]

Re: UKPC Residential Parking and County Court Claim

Have you seen that before ? Is it accurate ? Does the lease allow for ad lib changes or require notice ?

M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

I'm pretty sure that I haven't seen this before and if I have I certainly don't hold a copy of it. I have asked the Solicitors that i used for the purchase to forward me a complete copy of the lease to see if it was included.
It does show places that you can park but as mentioned and shown in previous pictures, there aren't any markings.
I don't know anything about nor have I heard about being able to make any changes to the lease. I'm new to this and am in no way able to make much sense of legal documents.

[mystery1]

Re: UKPC Residential Parking and County Court Claim

The thing is, most people are able to do that. They just aren't interested and can't be arsed putting their mind in to something they feel makes zero difference whether they understand it or not. It's also boring as hell. Even saying that, it doesn't really matter if you understand it, scanning a document looking for a specific part is something your average kid could do.

You already managed to find

Paragraph 14 says... 'To comply with all or any regulations which the Landlord of the Company from time to time may reasonably make in respect of the Estate and not to do or omit anything which would or might be a nuisance or inconvenience to any other person therein'.

Most of the lease is irrelevant and the first line in each paragraph is probably enough to determine whether you can skip it or not. I might have suggested asking the solicitor for the same info but the pricks will probably charge you to answer a simple question.

M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

I'll have a read of the Lease to see if it is amendable

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

As far as I can see there is no mention of being able to amend the lease

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

Hi Mystery
The letter doesn't mention anything about having to send evidence?

Do you think mediation would be worthwhile? I'm starting to get worried about the outcome of the hearing.

What exactly is my defence?
I am a leaseholder on the property. I wasn't causing obstruction to anyone. There are no physical markings.

[mystery1]

Re: UKPC Residential Parking and County Court Claim

Mediation i would do. Low expectations though.

If it's not there then assume 14 days before the hearing.

The defence is

1. Primacy of lease http://parking-prankster.blogspot.co...l-parking.html

2. Forbidding signage cannot create a contract http://parking-prankster.blogspot.co...-contract.html

M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

Thanks very much for these.
How would I present this to the court, print it out as is or would I need to amend it at all?

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

I've had a big old letter through from SCS Law with what I believe is their official claim against me.
Here is the initial statement. It is followed by lots of pictures of their signage, pictures of the vehicle in question parked with tickets on the screen, scans of the tickets, copies of final reminders etc etc.

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

If someone could help me word the defence it would be much appreciated. I have no idea how to incorporate Primacy of lease http://parking-prankster.blogspot.co...l-parking.html or Forbidding signage cannot create a contract http://parking-prankster.blogspot.co...-contract.html

So far I have...

I, XXX of XXX state as follows –
I am a leasehold owner ofXXX (‘the site’) and make this statement in support of the claim. Unless otherwise stated, the facts contained herein are from my own knowedge.
A full copy of the lease supplied to me by Birkett Long LLP Post Exchange Team is attached at Exhibit CFR/1.
As per the singage shown in Exhibit CFR/2 it states ‘All vehicles must be parked within marked bays’ yet there are absolutely no marking in the car park to adhere to, as show in Exhibit CFR/3.
Aso Exhibit CFR/2 states ‘no unothorised parking’ yet I have never been asked for my licence details by the management or parking companies for authorisation.

[mystery1]

Re: UKPC Residential Parking and County Court Claim

I'll get back to you tomorrow on this.

It seems they sent it 3rd ? which was late, as is anything you now send.

M1

[theymademedoit]

Re: UKPC Residential Parking and County Court Claim

I thought so too but then we were only issued the court date recently. So I'm I too late to submit anything?

Thanks mystery, I look forward to hearing from you.

[mystery1]

Re: UKPC Residential Parking and County Court Claim

Start with this but it does need you to change a few bits and also ensure it's accurate. Edit what needs edited and don't be afraid to add anything.

Email it asap to the court and crooks solicitors.

Theymademedoitws.rtf

Also send anything you'll need that you haven't already. (pics, lease etc)

M1

[tickymicky]

Re: UKPC Residential Parking and County Court Claim

I'm, suprised ukpc have not cancelled this charge.I did a letter of appeal for a work colleague who lives in an apartmewnt on private land and is entitled to park his car thewre.Ukpc decided otherwise and ticketed his car.The appeal to ukpc failed a sis the norm.with most of these firms.It went to appeal at POPLA.A reply was sent back a few weeks later saying that ukpc have decided not to challenge the appeal and the pcn does not have to be paid.A few days later, a letter from ukpc arrived saying the pcn has been cancelled.I used the primacy of rights and 3 case studies in the appeal....... I posted the case on here.