Bay Park Management - Can I win in court?

jkdd77

I don't have a link, but I believe in 1998(?) a court of record suggested that £125 (today about £180) would be a "reasonable" upper limit on a clamp release fee.

If I were you, I'd do some research.

tbutler12345

Case update:

Ive just had forms through from the court to say that CNJ have requested to set the judgement aside as they have not seen my appeal or the original court claim against them.

Its been transferred to my local court.

Is that good news or bad news???
It must have been easier for them to ignore everything?
Can I contact the court and give them my reasons why they should not set the judgement aside?
What happens next?

Atleast something is happening.

Coblcris

Transfer to your local court is the usual procedure.

If they claim not to have received any papers then they are claiming that anything you sent to them was not received - do you have proof of delivery ? - and that papers from the court were not received by them.
Be careful that they are not just playing for time and will fold the company to avoid paying and then coming back under a new registration. Talk to Companies House.

tbutler12345

I have proof of delivery of my 2nd appeal to them - i havent shared that with them though. Can I give this to the court and use it as part proof that they are fibbing? I have no proof they got the court papers although i had a call with someone in their office telling me they had the court forms "on their desk".

How might one "talk" to companies house? Not exactly sure what you think I should do - give them a call - ask them what?

Coblcris

Yes, ring them, explain the pending court case and your fears that they will 'disappear' by winding up. Ask Companies House what they can do to help you.
Get the Company onto Companies House's radar.

Yes use the proof of delivery, I would file it with the court straight away (as a statement of truth/affidavit) as it rebuts the claims made by the Company. They then become liable for their 'mis-statement' to the court.

northern5

You might want to post your case over up on pepipoo.com .... there are quite a few people on there who have been to court with clampers and could probably advise you

pin1onu

BlueBoy-23 wrote: »

Been doing some further research through a mate who works for a management company looking after commercial property. He says that the cost to release is so high as they base it on the value of the parking space to whoever has paid to lease it.

Apparently the landlord has a responsibilty to ensure the space is available at all times to the person/company renting it (rents can be as much as £5000 per year) and if the occupier can proove that an illegal vehicle is in his space then he can claim part of the rent back off the landlord. You can therefore understand why fees are so high.

Using this argument don't think you will have much luck in court if the land owner prooves that he has had to reimburse part of a tenants rent.

£5000 a year works out to 13.70 a day for a car park space. Hardly justifies the ridiculous fees they are charging.

OP you may find this useful. Guide to clamping on Private Land

Reggie_Rebel

BlueBoy-23 wrote: »

Been doing some further research through a mate who works for a management company looking after commercial property. He says that the cost to release is so high as they base it on the value of the parking space to whoever has paid to lease it.

Apparently the landlord has a responsibilty to ensure the space is available at all times to the person/company renting it (rents can be as much as £5000 per year) and if the occupier can proove that an illegal vehicle is in his space then he can claim part of the rent back off the landlord. You can therefore understand why fees are so high.

Using this argument don't think you will have much luck in court if the land owner prooves that he has had to reimburse part of a tenants rent.

Been doing some research with Brainy harry in the Red Lion, he reads every paper every day and he's says the charge is unreasonable

tbutler12345

pin1onu wrote: »

OP you may find this useful. Guide to clamping on Private Land

Thanks this is useful. There must have been some cases since Anker that have discussed a reasonable fee level???

tbutler12345

Update - I have a hearing date on 27th October (this is for the request for judgement to be set aside) what the hell do i do now?

Should I just rock up on my own or should I really be getting some free legal advice? Where can I get that?

What should I expect at the hearing?

Help!