Claim form-county court business centre

MrsG2711

There is so much info on here, and i am new to this site but how do i find the Jopson case about dropping off. i tried searchig under username but nothing returned.

Coupon-mad

Not under username. Miss Jopson wasn't a poster here, she was a defendant in the news. We have threads about it.

Search this board for 'Jopson Charles Harris QC' or Google 'Jopson Parking Prankster Charles Harris QC'.

Quentin

Google jopson v homeguard or enter it into the forum Search

MrsG2711

I have got the tenancy agreement from the resident and it reads something like this. Parking is permitted in allocated bays please ensure visitors do not block emergency entrance/exits. This was issued in 2010 but I believe later tenancy agreements do not permit any parking. There are no painted bays just spaces, of which nothing is mentioned in the agreement as to where you should park.


The parking company has also since changed their signage, I do not remember the previous words. They are now part of IAS not BPA.


The date of the claim was 11th Jul. do I put my defence after 28 days or 28 days plus 5??


many thanks

waamo

So the written agreement says you can park and doesn't mention permits?

Boy have the ppc got a tough time with this then.

The_Deep

lisamarie2711 wrote: »

There is so much info on here, and i am new to this site but how do i find the Jopson case about dropping off. i tried searchig under username but nothing returned.

You simply google "Jopson parking"

If you need to ask simple questions like this you need to raise your game several notches. People here will not mollycoddle you, you are expected to do the legwork yourself.

Coupon-mad

Lisamrie wrote: »

The Deep, believe me I am doing the leg work but each case is similar but different, and these parking companies are slimy buggars. I am not the tenant I was a visitor, but as I see it I entered the car park under the terms of her tenancy agreement. Am I correct in assuming this?

Yes, your case is somewhat like infernouk's one. Read that thread.

Have you also seen the useful threads by Daniel san and hairray?

'A grantor cannot derogate from his grant' - the resident is granted parking rights if their 2010 says so and these cannot be removed or varied, certainly not by an interfering third party bunch of ex-clampers who have more recently rocked up, after a fast buck by bleeding residents dry, with no due diligence or checking which residents have primacy of contract giving them a right to park already.

They can't offer you anything of value, because the resident already offered the parking to you that day.

The resident should be your witness at the hearing to confirm this and the fact you were parking under their authority which pre-dates these third party parking firm of chancers.

The_Deep

as I see it I entered the car park under the terms of her tencny agreement. Am I correct in assuming this?

That would depend on where you parked. If you trespassed in someone else's space then no. It would also to some extent depend on what your aunt's lease/AST says about parking. Residents have a contractual right to "quiet enjoyment" If PPCs seek to dilute that right they may come a cropper.

What does the lease/AST say specifically about parking and where did you park?

MrsG2711

The exact words are:
Parking: You must make sure that other members of your household or visitors only park vehicles in the parking areas. You must not park where vehicles could block emergency access or exit points, or where they could cause inconvenience, nuisance or a potential danger.

There are no actual painted bays neither is it specified that your park in certain areas, they may try saying I was not in a bay, but to me a bay is marked with painted lines.

Coupon-mad

Fine, nothing about a parking charge.

It does set out the terms of parking, so IMHO, a third party can't vary those terms or start charging.