Urgent Help - Claim Form

Coupon-mad

Re this:

To make things even better, i was awarded £170 in costs. Not only that, the judge mentioned that it would usually be paid within 14 days but in this case she was bringing it forward to 7 days. (however it's now been 7 days an surprise surprise, they havent paid up yet)

You asked me by email:

Just wondered if you had any advice about how i go about recovering the money? And you mentioned i may be able to claim more?

This is copied from the sage advice of bargepole in another case like it:

''What you should now do is go back to the court (in person) and apply for a Warrant of Control. There is a £110 fee for this, which is added to the PPC’s bill.

Once you have this, you can ask the Court to enforce it, and they will get the local bailiffs to visit SIP’s premises, to obtain payment or remove goods to the value.

One of my defendants did this with PCM (UK) and they had to pay up.''

Coupon-mad

Did they pay yet?!

The_Deep

Please, please. please. do as others have advised and go to the court and get a wattant of control, it costs about £100 but the PPC will pay it.

CCG___87

Sorry i didn't get a notification to say anyone had replied on the thread!

So..it turns out that the judge had mistakenly written down that i had to pay them the fees instead of the other way around! So that's why they hadn't paid up. I've since spoken to the court and everything has been sorted out now, and ive been assured that i'll receive the payment by the end of today.

Coupon-mad

CCG___87 wrote: »

Sorry i didn't get a notification to say anyone had replied on the thread!

So..it turns out that the judge had mistakenly written down that i had to pay them the fees instead of the other way around! So that's why they hadn't paid up. I've since spoken to the court and everything has been sorted out now, and ive been assured that i'll receive the payment by the end of today.

Did you get it in the end?

safarmuk

I was more than happy to help with this defence off-forum, which others might be interested to learn, involved a parking bay owned by the OP's landlord under a Deed of Covenant which was included in the defence evidence. Nothing to do with the shared car park area, and so the PPC were trespassing to ticket in that bay.

Hi C-M can you give a bit more detail on this as I am comparing various leases and AST's to help others off forum.

By Deed of Covenant do you mean the allocated bay was either:
* Explicitly "Demises Premises" or "Demised Land"
Or that:
* A "Demised Right" existed for the lessee/tenant to have "exclusive use of the bay ..."

CCG___87

Yep!:beer:

Coupon-mad

safarmuk wrote: »

Hi C-M can you give a bit more detail on this as I am comparing various leases and AST's to help others off forum.

By Deed of Covenant do you mean the allocated bay was either:
* Explicitly "Demises Premises" or "Demised Land"
Or that:
* A "Demised Right" existed for the lessee/tenant to have "exclusive use of the bay ..."

It was explicitly demised land, owned by the landlord. So the land did not fall within the general/communal areas or other bays where the PPC might have had an excuse to issue PCNs. The PPC was trespassing on fully-owned land.

safarmuk

It was explicitly demised land, owned by the landlord. So the land did not fall within the general/communal areas or other bays where the PPC might have had an excuse to issue PCNs. The PPC was trespassing on fully-owned land.

Can you post or PM me the relevant bits of the lease from this case? Friends are close to pulling the trigger on a legal battle and the more examples I have the better I can help them. I'm very interested in comparing lease particulars, definitions of parking spaces and demised property, demised rights, markings on plans of the parking spaces etc.

Coupon-mad

In this case it was a separate document about ownership of the space, not part of the lease.

You would need to pm CCG___87 for a looksee, as it's his case, his flat & space.