UKPC County Court Claim

Sam84

My brother is in the same court this Thursday and I will be going with him. I will of course expect the same 'contract' to be shown to the Judge...but this time we will have a copy of the Title.

So I do not make us look silly, I just want to make sure that I have the correct docs? I have Land Registry Title Deeds and in the deeds, under Section B (Proprietorship Register) The first item (1) has 'Title Absolute PROPRIETOR': xxxxxx Ltd (which is not the management company who UKPC have a contract with, but the development company of the estate).

The title plans are being sent to me in the post as they were too large to email. Do I need to know anything else?

Thanks

Sam

Coupon-mad

If your brother wins on that basis you could think about an appeal, could you not?

Sam84

I would hope so, yes.

I just want to be sure we have the correct docs and that we are going about it the right way? What is the law we are trying to prove that requires contract between landowner and ukpc?

Is having the title deeds with us in court the right way to go about it and is this enough?

Thanks

Sam

Sam84

Any help with the above would be appreciated as his court date is this week.

I would love for him to beat UKPC on the landowner issue and then form an appeal for my mother!

Umkomaas

Sam84 wrote: »

I would hope so, yes.

I just want to be sure we have the correct docs and that we are going about it the right way? What is the law we are trying to prove that requires contract between landowner and ukpc?

Is having the title deeds with us in court the right way to go about it and is this enough?

Thanks

Sam

There's no 'law' per se connected with this, but, the BPA Code of Practice, which, since Beavis, is 'effectively binding' on car park operators (The Supreme Court, Nov 2015) requires operators to have written authority (with a number of conditions satisfied) of the landowner.

BPA CoP Section 7

http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

TDA

Umkomaas wrote: »

There's no 'law' per se connected with this, but, the BPA Code of Practice, which, since Beavis, is 'effectively binding' on car park operators (The Supreme Court, Nov 2015) requires operators to have written authority (with a number of conditions satisfied) of the landowner.

BPA CoP Section 7

http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

Or their agent.

Umkomaas

TDA wrote: »

Or their agent.

When you presumably could then ask to see the snail trail of authority emanating from the landowner?

TDA

Of course. Just making sure the OP is aware that the contract doesn't have to be directly with the landowner.

The law is after all, in the words of Louis Litt, a precise endeavour.

Sam84

Thanks for that.

I think I can see how this will go...

The Judge will say "yes I agree that there is no proof of contract between landowner and UKPC, and no proof of contract between landowner and managing agent, but that is a code of practice and not law!"

Oh well it is worth a go.

Castle

According to the OP'S first post:-
"The alleged offences are parking outside of her house on double yellow lines (unadopted road on a new housing development)".

Sounds like there is no offer of parking and the only claim would be for trespass by the land owner.