New parking regulations at home...

waamo

You really need to start your own thread for advice rather than hijacking someone else's. It will get really confusing advising two people in one thread.

Daniel_san

Well, I've gone and done it....set aside some time to sort my WS, and then something came up, namely looking after my niece for a while. She's adorable, but now I'm behind schedule, my own fault I know. Would anyone care to assist picking apart this lot?

https://www.dropbox.com/s/7v5y4s1kw3k1eh5/PAGE1-REDACTED.jpg?dl=0
https://www.dropbox.com/s/d1922ciwxlvfibo/PAGE2-REDACTED.jpg?dl=0
https://www.dropbox.com/s/zzjiubaz37wlwjw/PAGE3-RESIZED.jpg?dl=0
https://www.dropbox.com/s/1thjxis96qi2ot0/PAGE4-REDACTED.jpg?dl=0
https://www.dropbox.com/s/x5n81ulsxc6obc1/PAGE5-RESIZED.jpg?dl=0
https://www.dropbox.com/s/bn4c80pfi8glxci/PAGE6-RESIZED.jpg?dl=0
https://www.dropbox.com/s/jm0rtpyj1nw05a5/PAGE7-RESIZED.jpg?dl=0
https://www.dropbox.com/s/fpedgaevpkyvz6q/CONTRACT-REDACTED.jpg?dl=0
https://www.dropbox.com/s/px4ff6w7yma7sna/PCMUK-SIGN-REDACTED.jpg?dl=0

Page 4 refers to Clause 5.4
https://www.dropbox.com/s/3dxa4vhrdwsd8gf/lease-vary-terms.jpg?dl=0
and also to clause 7 (page 12) but doesn't quote it in full.
https://www.dropbox.com/s/cgnztsmhcrt6w0j/CLAUSE7-PAGE12.jpg?dl=0


I've started a 1st draft and have set aside the rest of this week evenings and some time this weekend to get it done as I will not let you all down by missing the deadline!

[Deleted User]

You've omitted the exhibits.

Sight of the signage and the PPC contract to operate is clearly essential.

Those are relied upon in the statement which is standard, save for the additional sections specifically commenting on your lease - which is pretty rare for Gladstones who love a generic document usually.

Daniel_san

Sorting now....

Daniel_san

Added copy contract and signage.

Other "evidence" they've supplied is copy letter they sent and photos of the vehicle. They've also included a copy of my lease, and a copy of the letter they claim was sent to me before their contract commenced - which I never received, I suspect the then director of the RTM co hand delivered the letters and permits as they live in at this site. I think they missed me on purpose because I won't display the permit anyway, so why bother giving it to me...

Thank you

[Deleted User]

Was this a failure to display a permit or a wrong bay issue?

Interestingly, the contract with the ppc doesnt appear to require them or permit them to impose a permit scheme...

Daniel_san

Their claim is 4 counts of parked outside of a marked bay without permit.

My counterclaim is 7 counts of them "ticketing" me in my own space, which is outlined in red on my lease as my property. Lease has no requirement for permit. AND the RTM company granted me an exemption to my space (as a favour......they say), whilst maintaining that they can introduce such a scheme, no doubt based solely on the advice of the MA.

RE the contract, oh really.....? Please elaborate....

Thank you

[Deleted User]

The contract permits them to enforce, but doesn't specify how to enforce.

The lease permits variation to the general terms /common parts provided that the variation does not conflict with the absolute leasehold rights (I paraphrase).

Unfortunately by unilaterally making all bays permit holders only (on the face of it a possibly proportionate measure to prevent selfish parking) it in fact diminishes your leasehold right to park a car in your space free absolutely. You're being charged to do so unless you meet a new requirement imposed some 10 years later.

If you're parked in a visitor bay or the like, that becomes harder but the own space argument should be reasonably sound.

The contract (presumably with residents co) is a contract to enforce parking and issue tickets - it does not require or compel them to run a permit scheme. The claimant has elected to run their parking scheme in that way for convenience. They could have obtained a list of approved registrations from owners "a white list.". Had they done so, your car would never have received any own bay tickets.

Check your lease. Notice served under lease terms normally requires postal service to an address, not hand delivery of a letter. Was it in an envelope or not? When was it delivered? Did it get caught with all the crappy takeaway flyers? So many questions that statement doesn't address...

Daniel_san

Interesting. Thanks for that!

Daniel_san

8. Service of Notices.
The provisions of Section 196 of the Law of Property Act 1925 shall apply to the services of any notices to be served under the provisions of this lease.

196 Regulations respecting notices.
(1)Any notice required or authorised to be served or given by this Act shall be in writing.
(2)Any notice required or authorised by this Act to be served on a lessee or mortgagor shall be sufficient, although only addressed to the lessee or mortgagor by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.
(3)Any notice required or authorised by this Act to be served shall be sufficiently served if it is left at the last-known place of abode or business in the United Kingdom of the lessee, lessor, mortgagee, mortgagor, or other person to be served, or, in case of a notice required or authorised to be served on a lessee or mortgagor, is affixed or left for him on the land or any house or building comprised in the lease or mortgage, or, in case of a mining lease, is left for the lessee at the office or counting-house of the mine.
(4)Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [F1by the postal operator (within the meaning of [F2Part 3 of the Postal Services Act 2011]) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.
(5)The provisions of this section shall extend to notices required to be served by any instrument affecting property executed or coming into operation after the commencement of this Act unless a contrary intention appears.
(6)This section does not apply to notices served in proceedings in the court.

......so (4) suggests such notices can be served by simply leaving them.....

but it does say at the aforesaid place of abode or business.....and if they hand delivered to my post box (which they didn't, or I would have got it, or should have anyway), then the post box downstairs in the lobby isn't my place of abode.....or is that unlikely to sway a judge lol