Desp[erate appeal please help: small claims soliciotr LBA dedline expired

aworrieddriver

Thanks IamEmanresu for your advice


Yes I agree I ignored the PCNs etc by the parking company, but I stupidly followed old advice.


Ive been on the phone with DVLA, land Registry for the lease and the management company.


Ive called 5 solicitor firms recommended to me by the Law society.


Once I explain to them the issue, they say they deal mainly with family Law, and advise me that it may be cheaper to just pay!!


I am not the landlord. I've asked the letting agent to ask the landlord for a copy of the lease, but the landlord has refused.


All I have is the rental agreement




1. What kind of solicitors do I need to search for. Clearly not family Law, Which subgroup will be dealing with such issue?


2. Do bay markings actually mean anything on private land?


Im really trying my best.




Thankyou

System

All I have is the rental agreement

What does the rental agreement say about parking. Anyone that rents has the same rights as a leaseholder or occupier - if those rights have been passed down in a rental agreement and they are superior to any PPC who is late to the party. But a solicitor would tell you that.

Odd that solicitor say they are short of work and you can't find one.

aworrieddriver

IamEmanresu wrote: »

What does the rental agreement say about parking. Anyone that rents has the same rights as a leaseholder or occupier - if those rights have been passed down in a rental agreement and they are superior to any PPC who is late to the party. But a solicitor would tell you that.
.

Thankyou IamEmarresu for your comment


As fat as the rental agreement goes, Ive read through it thoroughly and here are some extracts which may be of relevance

Assured short hold tenancy

"The property situated at xx together with the fixtures, fittings, furniture etc...
.specified in the Inventory signed by the tenant and all grounds.
It shall include the right o use, in common with others, any shared right of access, stairways, communal parts, paths and drives

Not keep any vehicle that is not validly licensed on the highway, any commercial vehicle....etc on the property

Not cause obstruction in any common areas of any building of which the property forms a part.
The landlord reserves the right to remove or have any such obstruction and at his discretion to charge the reasonable costs...etc

Landlords obligation:

To allow the tenant quiet enjoyment of the property during the tenancy without any interruption from the landlord
or any other person lawfully claiming under or in trust for the landlord.

The landlord agrees to provide a copy of insurance and any freehold or headlease conditions affecting the behaviour of the tenant""


The Inventory and Statement of Conditions from the letting agent , at the end reads "One parking permit (this must be returned at the end of tenancy"

The above is as much as there is in the assured tenancy and the Inventory with regards to parking.

Just to clarity, I'm parking in the communal area, which is likely to be owned by the freeholder and is managed by the management company who have asked the parking company to police

zoonyx

If I'm reading this right, your wife parks in a bay marked with your flat number?

However you park in an area not marked with a bay number, or parking space at all? Just a tarmaced free area where you believe you weren't causing an obstruction?

Sorry if I'm getting this wrong, but at suspect it may be important and having just read your thread, I'm a bit confused!

bargepole

IamEmanresu wrote: »

.. Odd that solicitor say they are short of work and you can't find one.

Not odd at all, IMHO.

99.9% of high street solicitor firms won't have a clue about private parking issues, or the implications (or even existence) of Schedule 4 of POFA 2012.

You might try contacting Harcus Sinclair, the London firm which acted for Barry Beavis in both the Court of Appeal and Supreme Court proceedings. Take a large cheque with you.

Northlakes

OP Can you check your household insurance policy for legal cover?

These issues won't just go away and professional advice is recommended as the sums involved here are significant.

aworrieddriver

zoonyx wrote: »

If I'm reading this right, your wife parks in a bay marked with your flat number?

However you park in an area not marked with a bay number, or parking space at all? Just a tarmaced free area where you believe you weren't causing an obstruction?

Sorry if I'm getting this wrong, but at suspect it may be important and having just read your thread, I'm a bit confused!

thanks for your comments

Yes you are correct just a tarmaced area. Not a marked bay nor a designated parking space.

That area is part of the freehold. Im a tenant there so it is strictly not my property. A managemt company has asked parking co to manage the parking there.

The_Deep

Has it occurred to you that your antisocial parking habits may rebound on your landlord? The rules are clear enough, one dwelling, one parking space. If you consistently abuse these rules your landlord could be sanctioned.


My suggestion is that you sort out some off site parking for your second car, get rid of it, or move. Clearly your present accommodation does not suit your needs.

aworrieddriver

bargepole wrote: »

Not odd at all, IMHO.

99.9% of high street solicitor firms won't have a clue about private parking issues, or the implications (or even existence) of Schedule 4 of POFA 2012.

You might try contacting Harcus Sinclair, the London firm which acted for Barry Beavis in both the Court of Appeal and Supreme Court proceedings. Take a large cheque with you.

thanks for your comment

When i got the small claims solicitors letter i panicked and contacted all kinds of places such as citizens advice bur whom i went and saw. I called harcus solicitors who were extremely helpful. Managed to talk to one of the partners. Was very kind polite etc. did say however that they were awaiting beavis v pe. Charge upto £300 per hour and was honest in saying he didnt think it was a good use of my money esp that i wont be able to reclaim solicitors fee costs from ukpc if i successfully. Advised me to contact RAC foundation which is a charity

aworrieddriver

The_Deep wrote: »

Has it occurred to you that your antisocial parking habits may rebound on your landlord? The rules are clear enough, one dwelling, one parking space. If you consistently abuse these rules your landlord could be sanctioned.


My suggestion is that you sort out some off site parking for your second car, get rid of it, or move. Clearly your present accommodation does not suit your needs.

Thanks Deep

You are correct. However that has now happened and i am needing advice please how to defend the case.

I never had two cars simultaneously. I replaced my old car with new. The wife does have her own car and thats how we end up with two.

As an example i got home at 1am last night. Nowhere to park . Public rd close to me is double yellow. The remainder of the public rd spaces were filled up. Its a very common thing. Wifes car was in our alloacted space. Genuinly there wasnt anywhere to park so i had to park in visitors car park

Yes i am leaving that flat in december to another place. We do need to cars though for our jobs. We work in different places etc.

Anyhow, i accept what you say. For now though im asking for advice as to how to solve the current situation.

Btw do you know how i can get a copy of davey v ukpc case at wincheater county court. I wanna read it

Thanks