Claim form-county court business centre

The_Deep

they surely they are not so dumb to take me to court knowing there is a tenancy agreement permitting parking


But they might. They will probably lose when you show the judge your AST/lease. but they win the undefended ones.

beamerguy

Lisamrie wrote: »

With regards to the lease I have been told my the housing that my niece was given the wrong one. There are apparently t&cs attached to it regarding non parking. I asked why these were not on her file and was told that she needs to pay £10 for the rest of the info on her file and it could take up to 40 days.

I'm getting fobbed off and can only document this in my defence. My niece does not remember signing another lease and if she had surely this should have been available.

It leaves me not being able to file a proper defence as I do not know for sure what's on her file.

She even had the nerve to ask me why I was chanllenging a ticket from 2015.... I told her very nicely to speak to the idiots her company employs

It's time for you to do a bit of skinning

The contract she has defines her rights
The monkeys are referring to a SAR no doubt which costs £10
They sound a dodgy company.

Best to tell them that you will involve them in court to explain to the judge why they are obstructive and to produce a signed copy by your niece of the new agreement they seem shy to show

MrsG2711

Can a housing trust take away parking privilege in tenancy agreement. They told me they can and sent out T&Cs regarding this in 2015 but the lease that is still on file is the old one with no changes.


I was told that a £10 charge has to be made to access the rest of the information on file.


The tenancy is a starter tenancy from 2010, I think they should have changed it but there is nothing on file.


I can then only base my defence on the information I have which may put me at a disadvantage if they pull out the new agreement that we have not seen.


any thoughts?

waamo

A contract can only be varied (as a general rule) if both parties agree to the change. They can't go changing your agreement wily nilly. If they could what would be the point of signing anything?

Redx

lisamarie2711 wrote: »

I can then only base my defence on the information I have which may put me at a disadvantage if they pull out the new agreement that we have not seen.
any thoughts?

they are supposed to file all evidence BEFORE the court date , not pull it out of a hat on the day

if they did this, I am sure you can object , plus the only agreement in effect is the one signed by both parties , which appears to be 7 years ago , before POFA2012 and before this PPC may have had a contract

bear in mind that these people tend not to know the law, they just make it up as they go along

there is no reason why you cannot put them to strict proof of this in your witness statement etc

before you go into the court room, these people try to drop new paperwork onto defendents, who are told to refuse it and leave it in the waiting room , this is to stop rabbits being pulled from the hat at the last minute (the scenario you describe)

you should have put them to strict proof of any contract in your defence , therefore their paperwork should have been disclosed

should you go down the SAR route , you can claim it back if you win , same as other costs (including car parking charges on the day)

waamo

bargepole wrote: »

How? If it's not in their evidence, it's not part of the case, and they can't just suddenly produce it in court, ambushes are not allowed.

Quoted to reinforce the point. Ambushing is a huge no-no. If they try that the judge is likely to be very unimpressed.

A simple "I haven't seen that and it's not in your evidence" may well result in a roasting.

bargepole

Lisamrie wrote: »

I have updated my draft defence, your feed back is most welcome

Why does it say 'without prejudice' at the bottom? You certainly don't put that phrase in a defence, you want the judge to see it!

Umkomaas

bargepole wrote: »

Why does it say 'without prejudice' at the bottom? You certainly don't put that phrase in a defence, you want the judge to see it!

So many throw that line in, seemingly with no idea what it means, but it damn well sounds good. Let's get legal.

Oops!

fatbeetle

Umkomaas wrote: »

So many throw that line in, seemingly with no idea what it means, but it damn well sounds good. Let's get legal.

Oops!

See my new thread "a little knowledge"

How to contest a Parking Charge Notice?
Simply respond that you are refusing to pay.

Do not say you are appealing the ticket, as this legitimises the ticket.

Also write "Without Prejudice" on the letter – then no information in the letter can be used against you.

Castle

SAR=Subject Access Request