Appeal dismissed by IAS

beamerguy

If this was me, I would ask a friend to drive me into the area
whilst sitting in the passenger seat and take a full video showing how a driver views this

Snakes_Belly

With the help from all the regulars on the forum my WS has now been served and filed. Thank you all.

I am getting close now to a full understanding of the issues but I do need a bit of guidance with one particular issue please.

After multiple requests to comply with the protocol I did not receive landowner/leaseholder authority until they sent the 80 page WS. In the witness statement the leaseholder and PPC (claimant) appear to be one and the same. Excel are claiming that they are the lawful occupiers of the land. They may be, however I cannot find any evidence of this.

I have checked the rateable values for the postcode on several sites and telephoned the council. If they are the lawful occupiers then it is usual to pay business rates.

I have done a Land Registry Search and there is only one leasehold property under that postcode and that is the Travelodge itself which is leased. I have reason to believe that the lease has been sold during the period of Excel's lease.

It's a possibility that Excel may have not registered the lease. All leases over seven years have to be registered with the Land registry and if they aren't it appears to void the lease. It's also further complicated by the fact that the Travelodge lease has been sold. If Excel had a lease registered with the LR that would still carry on but not registering could cause all sorts of complications.

I do believe that they have a lease but cannot understand why it's not registered and why rates are not being paid.

It may be that the solicitor that dealt with the lease just did not register it in which case I doubt that they can rely on it as being lawful occupants.


Thank you.

DoaM

All you can do is present your evidence and concerns to cast doubt on their claim.

Snakes_Belly

I have included copies of the LR search and business rate search in my WS. There are serious complications to not registering a lease over seven years. I actually believe that they do have a lease but that it's not been registered. I might just do the £3.00 search on the only leasehold entry for that postcode. I doubt I could introduce it now the WS has been submitted
.
From reading up on this a lease that is over 7 years and has not been registered reverts to a contract. That contract won't be with the new leaseholder of the Travelodge.

It will be ironical after chasing me for 18 months plus that they foul up for not complying.

Snakes_Belly

With regard to Chaplair v Kumar my understanding of this case is that it relates to costs that have actually been paid out by the claimant.

I thought that this related to a management charge that the landlord had actually paid to the management company for management of communal area's window cleaning etc. My point is though that it was a cost paid for a service which actually delivered. Not a no collection, no fee.

nosferatu1001

Theres two arguments to come at it
One, it was in a signed contract
Two, it had been paid.

Snakes_Belly

@nosferatu1001
I get it. It was in the lease and it had actually been paid. Thank you. That's knocked that one on the head.

Snakes_Belly

If this was me, I would ask a friend to drive me into the area
whilst sitting in the passenger seat and take a full video showing how a driver views this

@Beamer just found that I can go all around the car park on google maps. I assume I can take an ipad. In this car park there are a lot of non-parking signs that related to places for let and taxis etc.

nosferatu1001

Don't sssume
If it's evidence you have to file with the claimant and court in advance.

Snakes_Belly

@Beamer, Fruitcake did a really good job. You did suggest taking a video of the car park however when I looked at google maps I found that I could go all around the car park. Fruitcake took a look at my movements from the point of entry to when I left, both in the car and on foot and pointed out the appropriate case law as I went round the car park. This is really focused and I will use this for the Skeleton.

Excel are saying that the contract is formed at the point of entry into the car park and cite Thornton v Shoe Lane which is a barrier car park. This car park is about as far removed from a barrier car park than you can imagine. There is the Travelodge sign, some portable signs, a parking sign (could be either car park).

When Excel submit their plan of the car park the signs look quite prominent but in reality they are not.

I had already sent in the WS so I telephoned the court and asked if I could send in some more images and they said yes. The screen shots have been added to the WS. I copied in Excel to the email.