Claim form-county court business centre

MrsG2711

I have obtained info from land registry website but it is not clear, the parking area has properties on either side of the carpark both showing the same boundary.

The tenant has requested this information from the landowner who have said they will look into it. They should know the boundary/area they asked to be patrolled, but they may not want to offer the information

System

just for kicks, I also have photos of the parking officer, blocking the entrance/exit whilst ticketing, proving that he has no regards for the rules he is there to enforce.

AFAIK blocking is a criminal matter under the Protection of Freedoms Act. Perhaps the HA should be informed and the individual removed from post before the matter is reported as a criminal matter.

It will be an offence to clamp, tow, block-in or immobilise a vehicle without lawful authority on private land under the Protection of Freedoms Act 2012.

MrsG2711

I was wondering whether I should send these to the landonwner now or wait until i send my witness statement to the court

Coupon-mad

I would send stuff to the landowner/MA now, and ask for that map/boundary or for them to confirm that there is no defined site boundary (in which case how can they have instructed/contracted with a parking firm?!)

By doing this now, you might get a useful reply in time for your WS (and other people's WS, start gathering those too) that can be used in evidence.

MrsG2711

I received a response back from the landowner regarding the incriminating photos but they didn't seem to care. They said they have passed them on and the parking company will speak to the warden. They ignored my request for their escalation process but I will not leave it there.

I wondered if I am permitted to request the claimants evidence as they have seen my defence?

The landowner also said that basically the parking company patrol the whole area. I have re read the circular/letter that the pc sent to the tenants and it references acess and emergency areas only, therefore does not correspond to their signage.

I hope the court see the complete shambles in how both the housing and parking company run their businesses

Coupon-mad

You will get to see the evidence when they send their WS and you will send your evidence too.

MrsG2711

I now have an opportunity to add to my defence statement as I requested this due to the tenant not being able to gather the correct information in time.

A quick summary: I parked under my nieces tenancy agreement that permitted parking for herself and visitors. It has now come to light that she signed T&Cs varying her current tenancy.

After emailing the tenants housing requesting that this is to be taken seriously as it is a court case and anything that comes up in court that I, on behalf of the tenant, had requested and not received, I shall ask to be struck out. They then send a document signed by the tenant varying her T&Cs, (x3 months after the SAR took place). They are obviously in liaison with the PC solicitors!

In the T&Cs there is a generic statement which reads along the lines of ‘if there is a parking company in place the tenant has to comply with the rules of the PC’. Although these rules have never been clearly set out, and have been changed by the PC.

The date the tenant signed and returned accepting the varied T&Cs is after the parking company had already sent out a very confusing diagram/site plan to the tenants, it does not mention that PCNs would be issued, it ask that tenants do not park in certain areas other than designated areas but no further explanation, it also mentions a 10 minute grace period. This document passed from the PC to the housing when the SAR request took place.


Almost a year later the PC send a letter/circular titled ‘Parking Restrictions’ to the tenants saying that they have been requested to operate a parking management & enforcement service to alleviate the problem with unauthorised parking and that this would be in place x2 weeks after the date of the letter/circular. It does not mention who they have been requested by and it makes no reference to the ‘grace period in their previous document. This document was also passed from the PC to the housing when the SAR request took place.

The x2 documents from the PC do not match the current signage and make no reference to it. It may be that the PC has sent further information but it was not given to the housing with the other x2 documents when the SAR took place.

The housing say that they have given the running of the carpark to the PC and any correspondence should be with the PC. Is it worth me trying to establish what letters the PC sent to the tenants or am I wasting my time at this stage?

Any guidance is welcomed!

KeithP

So despite earlier hiccups, you are still arbitrarily using two usernames.

Plenty of scope for confusion here.

I'll leave you to it.

KeithP

Could you perhaps be signing in to MSE forums on two different devices?

If so, make sure that you are signing in with the same username and password on both devices.

Just an idea.

Coupon-mad

Lisamrie wrote: »

Hi,
I wonder if you have time to take a look at my last post.

3 months after the SAR, the housing have now provided signed t&cs from the tenant. The tenant did not recall signing these and they were not on her file. This obviously changes how I go about my case and I now have a chance to add to it as I emailed the court.

The letter/circular from the PC sent to tenants regarding enforcement and issuing of PCNs was nearly a year after the signed T&Cs which were quite generic saying that the tenant had to comply with any parking company rules if in place. The rules at the time of the new T&Cs did not include enforcement and Ticket to be issued. Am I right is assuming the PC cannot make such changes without a process.

You can argue that no contract was formed to pay £100 for parking, because the tenants already enjoyed that right and no adequate notice of same was provided that the tenant signed, so there was no variation of contract.

The difficulty might be the bit in bold above...personally I would avoid putting that page of the original tenancy agreement into evidence and use other ways of proving the tenancy started on xx/xx/xx, then show the circular, which you should describe as no more than a newsletter and not something that the tenant recalls being delivered to all residents.

Hopefully you can also say this, if true):

- Nor did the circular state that the t&cs being newly placed on site affected existing tenants,
- It stated that the aim was to deter 'unauthorised' parking (which a tenant is not)
- It established no 'relevant obligation' nor 'relevant contract' that could vary the lease
- It stated no parking charge sum of money, so that charge cannot have been 'agreed' - ergo, no contract & no possibility of overriding existing established rights
- The tenant does not even recall ever seeing this circular, and certainly signed nothing.