Letter before claim

Kind_Of_Irritated

Yes, loadsof ... one specific space per flat, except for the original Freeholder (a director of the Management Board) who has 2 spaces. One is used by the Board Secretary who runs his business from property he rents from the original freeholder. The other one is not often used as the freeholder doesn't live there and visits only occasionally and for short periods. When my son is away I use his space, yes. In fact I seldom park there at all when he is there.

Since there are no visitor spaces visitors have no option when the relevant resident's car is parked in its plot, than to use the Freeholder's space. As long as one shows one's permit nothing has ever been said about that, to my knowledge.

Loadsofchildren123 wrote: »

You say 1 space per flat. Is it one specific designated space?

So where did you park as a visitor? On your sons space while he was out?

Loadsofchildren123

That case - try looking at his blog and doing a word search for forbidding - it's in the heading f the blog entry and is from 2016 or 2017.

His word against yours - yes, that is exactly it. But L/L won't be there to contradict. Judge will have to decide if son is truthful.

Other documents (eg correspondence ) - tell the other side you want these in the trial bundle because you want to refer to them.

PS I have 4 as well, and 3 step. I live in a permanent state of exhaustion!

Loadsofchildren123

If it's a designated space it is either an express or implied term of the tenancy then that the space goes with his flat and can be used by him or his visitors.
The other space is a bit trickier. Find out what son was told about that by landlord. If he was told that everyone uses it for short term visitors then argue the right to use it as an implied term.

Loadsofchildren123

So his statement needs to deal with all these issues we've been discussing. They are the facts.
Just take care when drafting that the facts fit in with the case law you are going to rely on.

Kind_Of_Irritated

Son intends to give in his notice this week. He has asked his landlord to intervene several times, but so far ... NOTHING. Your points 3 & 4 are responded to below the QUOTE bits.

Loadsofchildren123 wrote: »

2. Landlord will not want to lose a good tenant. Can't son say Dear Landlord, I really want to get this parking charge overturned. I think the parking company was brought in to stop unconnected 3rd parties parking here, not tenants and genuine visitors. Please help me by giving me this information, I will be using it against the parking company, not to rock the boat with the management committee.

3. I just got a copy of a title for £3 (shoes who owns it). Don't know what a copy title document (ie the lease) would be but I don't think it would be much.


4. Yes ask them. But I doubt PPCs do this sort of due diligence. Rather than wait for them to say they don't have it (and leaving it too late to get hold of documents yourself from Land Reg, I'd just get it yourself now tbh. It could take a couple of weeks to arrive.

Parking Prankster tells me it'll be £30 to get the documents I require. Where did you get the £3 one? We know who the owner of the actual flat is (the landlord) so that's not an issue. We just want to check on the overall position re the freehold and the land including the car park.

Loadsofchildren123

I got the official copy register entries (£3) from Land Registry. You want the landlords lease. Prankster thinks you should also get the head lease. I think it's worth £30 to get these. Phone Land Reg or go online. If you win they are recoverable expenses.
Ask Link for the head lease anyway.

Loadsofchildren123

Son should tell landlord than that he is seriously considering giving his notice because of this. Landlord may help then.

Kind_Of_Irritated

Yes, the head lease is the one we need, really. Though if the landlord's is only £3 we'll go for that too. I could say in my WS that we "assume Link Parking will provide their own copy of the head lease, which they would have read and understood when signing up for the management company's account. The presence of this and other relevant documents will, obviously, support the validity and legality of their arrangements with the Management Company." Or something to that effect. Putting the ball back in their court. They certainly haven't produced anything yet.

Would that work in my WS?

Loadsofchildren123 wrote: »

I got the official copy register entries (£3) from Land Registry. You want the landlords lease. Prankster thinks you should also get the head lease. I think it's worth £30 to get these. Phone Land Reg or go online. If you win they are recoverable expenses.
Ask Link for the head lease anyway.

Kind_Of_Irritated

He could take than tack, but I still don't think the landlord would be helpful. He is cowed by the Secretary/Agent (who we reckon is the brains behind the arrangement with Link). And my son is not happy there any more after this lack of assistance from the mngmt board, even though it is lovely flat. He wants to become a home-owner again, anyway.

Kind_Of_Irritated

Btw, any thoughts on this "parking permit"? (back of the one I have). It talks about clamping. Illegal since erm... when?

http://i1347.photobucket.com/albums/p714/Zinqua1/20161127_125126%202_zpsxeke07ou.jpg