So I'm going to court...

Jhpt

He didn't give a reason for not wanting to get involved no - he's previously inferred to me (regarding another matter) that "as I'm only a renter" I had no business in contacting him..... So I imagine this contributes.

Great advice re: estate agent + passing a "nice" letter to Landlord - I'll be doing this thsi afternoon!

God I Hate PPCs/ Estate Agents/ Snotty Resident's Associations!!!!

safarmuk

Have you checked with any of your neighbours to see if they have run into these problems as well?

Have you spoken to your neighbours like I suggested as well?

He didn't give a reason for not wanting to get involved no - he's previously inferred to me (regarding another matter) that "as I'm only a renter" I had no business in contacting him..... So I imagine this contributes.

Utter garbage, its a residents association ... not a leaseholders association, what an idiot. I'd follow LOC123 good advice and if you landlord is decent he should provide what you need, fingers crossed.

Loadsofchildren123

People like the estate agents and the residents' association will do their best to fob you off because they don't want to be bothered with this. They'll take the party line that it's nothing to do with them/they aren't there for tenants. The estate agent is the landlord's AGENT, so you are entitled to ask them for the same things you're entitled to ask the landlord for. Don't allow yourself to be fobbed off and keep pressurising them. If the EA won't help you just tell them that the clause doesn't stop you communicating with him over legal matters and if they don't comply with your small request do they realise they are exposing him to the risk of being sued/joined to proceedings and he won't thank them for that. Same with the RA.

This is precisely the problem with residential sites - they bring in a PPC and try to absolve themselves of any responsibility.

Have you got evidence that landlord has the right to park under his lease, which you are saying has been passed to you under your tenancy? Are we talking numbered/designated spaces (in which case your landlord probably owns his space), or a free for all (in which case he probably doesn't, but has rights to park)? The landlord is unlikely to give you his lease and may not even have it - it's worth getting a copy of this from Land Registry (phone them, they are very helpful) - it'll cost you a tenner or so, it's worth getting I think. It will also tell you what regulations there are, what powers there are to introduce new regulations etc. It may be really important. the cost is recoverable if you win and get costs, but even if you don't I think it's a small price to pay to potentially really improve your defence.

Jhpt

Sorry Safar I forgot the reply on this front - yes, I've asked the neighbours but none of them seem to have had any issues. Bizarrely last time I spoke to the landlord, her husband was moaning about a PPC issuing him something in a completely different site - my gut feel is they will be on my side here.

Thank you both - these were my feelings so glad that they are yours too. I feel hiding behind PPC/ Resident's association is far too easy - both for EA and for the Chump of a "director". I'll write the EA another email and pop in.. I guarantee I've got more time to spend on this than them!

LOC123 unfortunately I don't currently have the lease or the evidence they have a right to park. It's a free-for-all, so no numbered spacing. In my mind this would perhaps fall on my side - if the PPC requires a contract with the landowner - if the spaces aren't numbered - do they need to produce 16 contracts with the 16 landowners for 16 car park spaces?

Loadsofchildren123

No if there are 16 spaces it would be one contract covering them all.
If they're unnumbered it is more likely landlord has rights to park, not rights to a particular space. So he doesn't own the space (which would be better). I think you should spend the tenner or so getting a copy of the lease to see what the rights are and how they can be varied (unless your landlord can supply it, but she may be funny about doing so)

Jhpt

Thanks LOC - I'll get onto that now!

I'll let you know how it progresses ASAP.

Should have WS and SA completed by Friday.

Jhpt

Hello guys,

I've finalised my SA and WS - if you wouldn't mind having a read through it'd be much appreciated - what's the best way to upload/host?

Dropbox??

Lamilad

Jhpt wrote: »

Hello guys,

I've finalised my SA and WS - if you wouldn't mind having a read through it'd be much appreciated - what's the best way to upload/host?

Dropbox??

Dropbox, Google drive, one drive..... Etc. Plenty of options

Jhpt

If anybody has the time to read through WA/SA I'd be very grateful!

Please find the links below

Skeleton Arguement
https://www.dropbox.com/s/zrga2gfz8dxkjus/XX%20SA.docx?dl=0

Witness Statement
https://www.dropbox.com/s/gsp5kh2wv4g1gi6/XX%20WS.docx?dl=0

Thanks!

Loadsofchildren123

I'm just looking at the WS as it's early days for your Skeleton - you will want to amend that when you have seen their WS so I won't comment on that yet.
It's a good draft, just a couple of comments:


para 10: Is the manner of correctly displaying a permit mentioned on the signs? Or how to obtain one? If not, add this. Can you also say you were never informed by any means how to obtain a permit, or of the alleged requirement to display one?


paras 21/22/23: It's a serious breach of the Solicitors' Professional Code of Conduct for a solicitor to communicate directly with a person who they have been informed has a solicitor acting for them (as opposed to communicating with the solicitor). You should point this out.


para 26: can you go so far as to say that they are incoherent and disclose no actual cause of action?
In the para about receiving the LBC, I think you should point out that it doesn't comply in any shape or form with the obligations set out in paragraphs 6(a) and 6(c) of the Practice Direction - Pre-Action Conduct, which is designed to help a defendant understand the case against him and to respond substantively to it, thereby giving each party a proper understanding of the other's case, and so that they can "take stock" and make informed decisions as to how to proceed.