Some advice please

Coupon-mad

OK have a look again at the paperwork that gave you your hearing date

Was the date you had to submit evidence and a Witness statement, YESTERDAY or earlier?

Send me a private message and I will try to rescue this for you tonight with a skeleton argument expanding on your defence, which you will have to submit late. You need the usual stuff and if MIL have not supplied a WS yet then you may well get away with a late WS and evidence.

Umkomaas

I'd have your lease agreement/deeds with you at court to prove you have unfettered rights to the parking spot. Have you checked them to confirm this?

Here are some links you should read up on relating to 'primacy of lease', although your main fight with MIL will need to focus on the legitimacy of the assignment of the 'debt'.

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

http://parking-prankster.blogspot.co.uk/2016/12/link-parking-and-overstone-court.html

http://parking-prankster.blogspot.co.uk/2016/12/new-generation-parking-management-youve.html

http://parking-prankster.blogspot.co.uk/2016/11/test-cases-scheduled-for-overstone.html

http://parking-prankster.blogspot.co.uk/2016/11/ukpc-hit-for-352-for-discontinuing.html

http://parking-prankster.blogspot.co.uk/2016/11/link-parking-lose-in-wrexham-flat-owner_2.html

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

http://parking-prankster.blogspot.co.uk/2016/11/pace-pulverised-in-croyden.html

Read the final court case transcript on this list 'Jopson v Homeguard' (2016) - linked below.

http://www.parking-prankster.com/case-law.html

Looking to the future
There is every chance that New World Facilities and MIL have breached the Data Protection Act in the passing of your details between each other. You can sue on this. As you have 6 years to do so, it shouldn't deflect you at the moment from your priority of dealing with this court claim against you.

A claim for DPA breach would range from a minimum of £250 to a max of £750, with binding case law to back this up.

But first let the dust settle on your court hearing, then come back after and we can advise you further.

Umkomaas

Coupon-mad wrote: »

Send me a private message and I will try to rescue this for you tonight with a skeleton argument expanding on your defence, which you will have to submit late. You need the usual stuff and if MIL have not supplied a WS yet then you may well get away with a late WS and evidence.

@OP - CM is the most experienced and expert adviser on private parking issues in the country. This is an offer just too good to overlook. Do exactly as she advises. This is the very best 'get out of jail' card you could have been dealt. It really is your lucky day.

CM is utterly genuine and you should have no qualms whatsoever in corresponding with her.

Quentin

@ OP:


***If you have inadvertently used your real name as your board name then you must contact MSE to get it changed to something anonymous***

Stuart_Hamilton

[FONT=Tahoma, Arial, Helvetica, sans-serif]Recap of the day.

Got there 40 minutes early checked in with the usher.

A lot of business set for the day and only one judge, so the usher was warning everyone that they could be there all day.

Representative of MIL did turn up and the usher encouraged us to negotiate in a side room, to cut down court business. Barely sat down and I asked "so what are you offering?" and he said "nothing, I guess you're not either?" I said "No, I'm happy to sit here all day to be heard" and we both left.

Actually called in to the court quite quickly, within 45 minutes of the scheduled time. The judge hadn't read the witness statements so both sides sat there for ten minutes whilst he went through them.

MIL chap given first chance to speak and mumbled through a bit of the beginning of his case, but was interupted by the judge asking him was he aware about primacy of rights regarding my enjoyment of my parking space and that the management company couldn't make a contract to take this away. MIL wasn't sure about this but was pressed a few times. Judge said that was the deciding factor.

As an aside the judge was a bit miffed about the bit in my witness statement listing previous dropped or uncontested cases and that it shouldn't be there. I said that it seemed relevant as they rarely ever won a case and just used the threat of prosecution to extract money that wasn't due. That went down ok.

The judge asked what costs I had been put to so I listed half a days pay and parking costs which he said was reasonable and awarded me £75 to be paid within 28 days.

The MIL man was very nice and we had a chat outside - he said he wasn't suprised to lose. He loses every one he goes to. He didn't seem to have prepared particularly.

Many thanks to Umkomaas[/FONT][FONT=Tahoma, Arial, Helvetica, sans-serif] for all the help. [/FONT]

safarmuk

Well done.

Is it possible you post up your final WS/defence that you submitted (that C-M helped with)?

You should also contact the Parking Prankster and have him blog about your case and your day in court.

The reason I say the last point is because there are a lot of people who do not understand this whole Residential Parking minefield that has been created and are paying to park in their own allocated bays and are paying for their visitors to park in visitors bays when they absolutely shouldn't be.

So we need to get the information out there.

catfunt

Phew,well done!

Was reading the start of this thread and fearing that you'd left everything too late. Glad this one was rescued, as no-one should lose to that shower in court!

Half_way

You should also now be looking at a counter claim as a possible breach of the data protection act could have occurred, the management company, through the actions of its agents has no right to request your keeper data.

As as landlord, renting the property out, there is also the issue of your tenants, i would assume you want to make the property attractive to potential tenants, and likewise you would want your tenant to pay the rent, and have enough money to do so.
A predatory parking company would make the property unattractive to potential tenants and, if like most people they could very well just pay the parking company's charge notices, the budget for this coming out of money destined for rent.
Have the PPC put any signs up on, or attached to your property?

You need to put a stop to this PPC nonsense as soon as possible, the management agents are supposed to be there for the residents/owners benefit, and not theirs (by taking a kick back for every parking charge issued) The responsibility for this rests with the management company who allowed the PPC to operate in the first place, and the management company should face the brunt of any action for a Data protection act breach, the only exception I would make for this would be if the management company was a one man band/small local committee
If its a one man band/small local committee, then by all means inform them of their responsibilities it would/could scare them shitless and make the re consider their approach and then focus on the PPC for your DPA claim.

safarmuk

Agree with Half_way and I would add (from experience) any MA who insists on putting in such a scheme MUST also put in safeguards for residents, genuine visitors and contractors (e.g. a process to cancel tickets easily and efficiently).

If they don't they need to be taken to task. Too many MA's put such a scheme in place and then try to wash their hands of it and expose ill-informed residents to unnecessary risk. In other cases I have seen the MA even misinform said residents.

My advice to you would be to contact your MA to put this right (so you or your tenant/future tenants never have to go to court again) and if they won't go to the Freeholder and complain. I would even go so far as to argue here that the Judge has pretty much ruled that your lease has been breached by this scheme and the behaviour of the PPC (who was appointed by the MA who's client is the Freeholder).

Half_way

Who/what is the manage company/agents? you would/should be well within your rights to put a full calim in against them under the DPA, this could end up costing them between £250 and £750
You may want to point them at this thread.

you could send something likethis
Dear Management company, i was recent taken to court ,regarding a parking charge notice issued by your agent ( name of parking company) despite my lease/freehold ( whatever) clearly stating that you have no right to allow a thrid party ( PPC name)which belongs to an unregulated industry to operate a profit making and predatory business upon my land.
At this point i would like to remind you that you are jointly and severally liable for the actions of your agents.
Following the court case, I am now seriously considering pursing you as a result of your agents actions for a breach of the data protection act I, as a gesture of goodwill, at this point i would be prepared to settle this matter out of court for £600 and the removal of the parking company ( and any other predatory parking company) from the designated parking areas, associated areas and land.
I look forward to your response within the next four days, yours Stuart Hamilton.