New parking regulations at home...

safarmuk · 6 September 2017 at 4:44PM

Bump, I haven't had time to look, but bumping this up for others who can review the document Dan posted to help him get his court action stopped and his site under control

Coupon-mad · 7 September 2017 at 1:05AM

safarmuk wrote: »

Bump, I haven't had time to look, but bumping this up for others who can review the document Dan posted to help him get his court action stopped and his site under control

Same...bumping it for others to see & comment on.

Daniel_san · 7 September 2017 at 11:33AM

Thank you both

Loadsofchildren123 · 7 September 2017 at 12:24PM

I'm not a land law practitioner so feel a bit out of my depth on the legal standing of RTMs viz landowner's continued liability.

Bodies like a Managing Agent/Company would be viewed as acting as the landlord's agent and so the landlord remains liable for their breaches of your rights under the lease. Not sure about RTMs - on the one hand I would have thought the same principle applies, but on the other hand these are residents who have taken control (not been granted rights voluntarily) so it might be said they are NOT acting as agents so landlord is not liable for their interference with your rights.

However, RTM must owe you their own duty not to interfere with your pre-existing rights.

There is bound to be a lot of info on google about RTMs and their liabilities.

At the centre of this is your leasehold rights: what are they and is there any process by which they can be altered (eg. there is usually some sort of clause that says new regulations can be imposed for the good running of the development and you have to assess carefully how these are defined and whether the new parking regs come under the clause - even if they do, there will be no right to impose a contract with a third party and penalties/payments separate/additional to the service charge/ground rent provisions - dealt with in some detail in my original LBCs on hairray's thread)

Daniel_san · 8 September 2017 at 7:53PM

Thank you LOC.

I've gone over the lease again today and pulled out what I think are all relevant clauses regarding parking, along anything regarding good management or right to impose changes.I've compiled them into a single image file below.

https://www.dropbox.com/s/9kni4sty405hkcv/lease-extracts.jpg?dl=0

For a long time, the MA have placed reliance upon clause 5.4 Power to Impose or Vary Regulations. To me this is quite clear, the "LESSOR" may.... and the LESSOR has not, at any time, even attempted to impose any changes in any way. The MA eventually run out of argument, and passed the matter to a solicitor, who as CM will remember, tried to crush me with one letter, got a lot of case law thrown back at them, and then after a 2 month wait, replied to say they were not going to debate it further, and that they believed their client was correct :T

Any info appreciated, thank you.

Coupon-mad · 9 September 2017 at 1:28AM

Bumping for comments tomorrow...

Daniel_san · 1 October 2017 at 7:07PM

No reply from my landlord so far. Going to chase them tomorrow for their response or an update on what they've done/are doing.

Received LBC letter from Gladstones yesterday (redacted copy fyi)
https://www.dropbox.com/s/qykeb97g0ey0j43/gladstones-lbc-redacted.jpg?dl=0

Coupon-mad · 1 October 2017 at 11:47PM

Reply and tell them that they need to supply much more in the way of information, if they intend to bring this to trial.

Say how shocked you are that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' just days before the pre-action Protocol changes.

Have a read:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

https://www.hilldickinson.com/insights/articles/new-pre-action-protocol-debt-claims

...and play the game by sending Gladstones some of the evidence you intend to rely upon, in the interests of narrowing the issues and fully understanding the facts of the case which Gladstones have clearly never checked.

Then list (a long-ish but reasonable list) what you want from them; try to make it match the sort of things listed in the new pre-action Protocol. State that there can be no excuse for withholding such documents and information, now that 1st October has passed, and tell them that failure to comply will result in a complaint to the SRA.

Daniel_san · 2 October 2017 at 12:14AM

Thank you CM, I wasn't aware of changes, so I'm reading now.

List, similar to this (post #23) for example?
http://forums.moneysavingexpert.com/showthread.php?p=72358831#21

Evidence I will rely on:
copy of my lease?
copy of my rent demand, showing the land owner's name and address, of which their client does not have a contract with, thus failing to meet IPC CoP

The 4x PCN they are claiming for are for a vehicle parked outside of my space. They are also still sending me debt collection letters for a further 2 PCN's for vehicles parked in my space, so I think (unless you disagree) that I should tell them I would intend to ask the court to include those two windscreen PCN's and an additional PCN where they have sent a NTK with a photo that could have only been taken whilst standing in my allocated parking space, which is part of my demised premises; showing they trespassed on my property on 3 occasions.

Coupon-mad · 2 October 2017 at 12:18AM

Yes to all of the above.

Edited to add a copy of Johnersh's words, who put it better than I could, in another thread just now:

I suggest you write back and say that since proceedings have not been issued, if they intend to pursue the matter further they are on notice that since 01 October 2017 that a new protocol is applicable. Their previous correspondence lacked specificity and therefore this letter should be treated as a formal request for all of the documents / information that the protocol now requires them to provide. Further, you trust that no proceedings will be issued without complying with that protocol. You will reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court when costs come to be considered.

New parking regulations at home...

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