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UKPC & county court business centre form received

11213151718

Comments

  • Bobby2k2
    Bobby2k2 Posts: 107 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Did that letter allow parties to supply new evidence, such as case law?
    Not at all
    So, does your partner have a right to park and for visitors to park, under her lease or AST agreement? What does it say about parking? Have you included her lease or AST agreement in your evidence?
    I would write to the Claimant and file with the court, a copy of the Jopson transcript and a copy of your partner's lease wording about 'quiet enjoyment' or 'use of the communal areas including vehicular access' or anything about parking spaces DO NOT WORRY if it is silent about parking, look for stuff about her right to use the property and outside area. Highlight them and get them filed even though it is late.

    Oh, and urgently dig out anything she has telling her about the PURPOSE of the parking scheme, if it says it is to deter trespassers and non-authorised visitors (i.e. not you then). Maybe a sheet of paper came with the permit? Does it mention the parking charge and signs as forming part of her tenancy agreement - if not, then those terms do NOT form part of her 'grant'.

    I'm on it.- Need to do a quick check.
    If your late evidence is not allowed then theirs should not be, either.

    Good point :)
  • Bobby2k2
    Bobby2k2 Posts: 107 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Been in court since 10am.

    Unfortunately wasn't able to get any lease/parking info (not sure if he sold have allowed it)

    Judge is now retiring to consider his verdict.

    Judgement will be given at 2.30pm
  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ooh, you might struggle without this:
    a copy of your partner's lease wording about 'quiet enjoyment' or 'use of the communal areas including vehicular access' or anything about parking spaces
    ...except that modern leases include implied rights of way so a leaseholder certainly would have some rights (bit vague though). It would have been far better to have had proof of your primacy of contract though and the Judge would have had to consider it. Did you get the Jopson (persuasive higher Senior Circuit Judge Appeal) case and other cases considered to prove your primacy of contract as residents?

    We will see. BonClark88 on pepipoo lost their case last week despite having their lease agreement which the Judge thought wasn't in their favour, then the PPC cheated him into paying £90 more than the Judge ordered:

    http://forums.pepipoo.com/index.php?showtopic=109663&st=80&start=80

    Let's hope you have better things to report.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Bobby2k2
    Bobby2k2 Posts: 107 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    I won!!!!!!!!!!! :j :j

    On all counts of my defence. Awarded £111 costs

    Will give details this evening

    Thanks to everyone who contributed :beer:
    It's been a loooong road :D
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Well done. It'll be interesting to read your summary. :)
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Bobby2k2 wrote: »
    I won!!!!!!!!!!! :j :j

    On all counts of my defence. Awarded £111 costs

    Will give details this evening

    Thanks to everyone who contributed :beer:
    It's been a loooong road :D

    Brilliant news :beer::beer:

    Something for the Parking Prankster

    We all want to know what happened.

    UKPC LOSE ..... LOVE IT :rotfl::rotfl:
  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Bobby2k2 wrote: »
    I won!!!!!!!!!!! :j :j

    On all counts of my defence. Awarded £111 costs

    Will give details this evening

    Thanks to everyone who contributed :beer:
    It's been a loooong road :D
    Fantastic - please give us a blow by blow account of your day and what was said!

    Please tell us your claim number and Court and Judge's name and the name of the rep who turned up for the other side (if you know it). I am sure the Parking Prankster might be interested in blogging about this latest win!

    Well done!! :T
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Molts
    Molts Posts: 179 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    Awesome result and awesome example of forum collaboration spanking a PPC in court!

    I imagine this thread will become one of C-M's goto threads in future!

    Great work Bobby and congratulations :T:T:T:beer:
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 February 2017 at 9:34PM
    Excellent result, but it's taken 14 months of work and over 140 posts to sort out. There's no way the Govt should be allowing this misuse of the SCC to continue.

    PPCs throw a pebble in the water, then motorists (and forums) have to work so hard to prevent the breakers hitting the shore. Totally without proportion and without any PPC responsibility (or general liability). As soon as the DPA counterclaim becomes honed, the PPC chancers will be avoiding the SCC like the plague.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Bobby2k2
    Bobby2k2 Posts: 107 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Please tell us your claim number and Court and Judge's name and the name of the rep who turned up for the other side (if you know it). I am sure the Parking Prankster might be interested in blogging about this latest win!

    DATE: Wednesday 8th February 2017
    CLAIM NUMBER: B2QZ1J4J
    COURT: The County Court at Clerkenwell and Shoreditch
    JUDGE: District Judge Cross
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