Gladstones / PCM Court Defence

PCMFightBack

I have messaged Crabman with regards to merging this with my previous threads which you can find here: forums.moneysavingexpert.com/showthread.php?p=71189542

Hi all,
Finalising my defence against Gladstones Solicitors and just need some input and peer review before I submit:


Claim Number: XXXXXXXXX



[EDITED for privacy ahead of court]



Thoughts?

System

The issue here is what consideration are PCM offering. They can't offer parking as that is demised in many cases to the leaseholders so they are left with offering "parking" in the common areas to which leaseholders have again in many cases other rights.

They are there to prevent non-residents parking via a "forbidding" contract so in effect not offering anything at all.

Get the issue of consideration and intent to create legal relations into the mix.

Coupon-mad

Can't help here due to something you said in your other thread - you are getting other help.

PCMFightBack

Regarding what was said in my other thread - Never followed it up, never even got a reply so no action being taken from that end. This is all my handywork

System

#3 and #5 are suspect. But have you been onto the managing agents to get them either to cancel (unlikely) or get them to define why the ticket has been issued.

The ticket can only be valid, if it is for a breach of lease terms otherwise its nudum pactum (https://en.wikipedia.org/wiki/Nudum_pactum). Get the MA to supply the contract under S.20 Landlord and Tenant Act 1985. You have a right to see that and the MA's contract too. (Expect refusal but that can go into your defence too)

The_Deep

What a waste of landlords' and tenants' time this nonsense is. Landlords have businesses to run, tenants are entitled to quiet enjoyment of their properties.


I hope, when this has been put to bed, you will be seeking recompense fro these timewasters, ask the judge for your costs at £19 an hour, plus stationery, postage, travel etc.


If he/she demurs, invoice the PPC. If they ignore, send another, , and if still no joy, issue a claim.


They will probably then settle out of court, as to fight it will cost them £££, not to mention the amount they will have already paid to Gladstone's. It is time to give these companies a taste of their own medicine.

PCMFightBack

If helps I actually have a copy of the Leaseholder Agreement, nothing in there about parking. I've fired off an email to the MA asking them to cancel the charge but having dealt with them before; they just prefer to put their hands up and say "hey, not our problem sorry." Can't expect this time to be any different.


Where in my defence could I mention any of this if it will help my case?

The_Deep

I find it difficult to believe that your AST makes no mention of car parking, and even more difficult to believe that the lease is silent on the matter.


If parking is not written into the lease then the landlord has no parking rights .

Kind_Of_Irritated

Thank you all for the updates on this thread. I have similar issues re my "charge" from Gladstones on behalf of Link Parking. Have responded to Gladstones, copied to Link Parking. Also, the property Management Cttee Secretary has told me he has also written to Link Parking. Will keep you updated as to developments.

PCMFightBack

I have gone over the Leaseholder agreement with a fine-tooth comb and these are the only mentions regarding Parking:

[EDITED for privacy court]

The_Deep

PCMFightBack wrote: »

I have gone over the Leaseholder agreement with a fine-tooth comb and these are the only mentions regarding Parking:

"-[Leaseholder has] The right to the exclusive use of the Designated Parking Space(s) for the purpose of parking private motor vehicles not exceeding three tonnes gross laden weight.
-."

That is not what you said in post 7 is it? That is a complete game changer.


However, as a tenant, the MA are within their rights to give you the brush off, you should be dealing with this through your landlord. Some landlords, ( I am one), take exception to their tenants dealing directly with MAs.