UK Car Park Management/Gladstones

LingNoi

Hi,

I received a Claim Form from Gladstones solicitors dated 19th October 2017 and enrolled with MCOL on the 27th October to advise that I would be defending the case in full.

A quick summary of the parking offence is that I have a residents permit for my residence but no specific bay is allocated. As such there are often too many cars with permits for the spaces available and residents frequently have to chance their arm and park where they can. On the date of the offence I had parked in a visitors bay at 19.00 and was genuinely unaware that as a resident I was not allowed to park there except for between the hours of 20.00-08.00. I have received a copy of photographs from UK Car Park Management which they claim clearly show that this provision is made on the signage and again on my permit. I have tried to attach a copy of the photographs but without success any ideas how to do this? If I can find a way to upload the photographs then my question is would you agree that the writing on this sign is very small and not clearly legible?

I am currently in the process of drafting my defence and feel that this angle is my strongest line but just looking for some guidance from the many experts on here.

All help appreciated

nosferatu1001

What does your lease / ast / rental agreement state?

Has the driver been identified/

LingNoi

Hi

The lease doesn't make any provisions for parking and you have to obtain a permit from UK Car Park Management in order to be able to park in a series of allocated bays. The continual problem for all residents is that there are far more cars with permits than there are spaces available and anybody who works a normal day is usually struggling to find a space.

I ignored all correspondence received from UK Car Park Management, DRSP and Gladstones so have not acknowledged in any way that I was the driver however I am the only person insured to drive the car and the registered keeper.

Coupon-mad

The lease doesn't make any provisions for parking

What about rights of way, right to peaceful enjoyment? What does the wording say?

Have you got any letters or emails from the landlord of Managing Agent that set out th permit scheme (e.g. the email that came with the permit?) Look for that wording, what we are after is to help you prove NOTHING talks about £100 charge.

Did you sign for the permit?

Did you pay for the permit?

What do the t&cs says on the permit itself?

Again - forget the signs for now - does ANYTHING you signed or saw, when signing up for this 'permit' scheme, or in your lease, inform you as a prominent term, that you are liable to pay a parking charge? No contract then...

LingNoi

Hi,

I will have to dig around and see what I can find in regards to the wording on the lease and the paperwork that came with the lease. I am going to be out of the country until Wednesday so will see what I can find on my return.

The permit was left in the flat when we moved in however I had to purchase a replacement when I sold my previous vehicle and forgot to remove the old one. The cost of the replacement permit was £5.00.

Coupon-mad

OK, try to find the terms of 'replacement permit' purchase, as well as your lease...the contract around the permit cost you a fiver and probably had nothing about any obligation that could give rise to paying £100 penalty.

LingNoi

Hi,

Right I've been through the paperwork and I can't find any letter I received with the permit so can't confirm if any terms were attached to the permit.

Looking at my tenancy agreement the only section relating to cars states -
3.62 Not to keep any vehicle at the premises other than for domestic use. Any such vehicle must be roadworthy and fully taxed and insured.
3.63 Not to service, repair or carry out any other work on cars, motorcycles, vans or other commercial vehicles at the premises apart from general maintenance from time to time, to a vehicle of which the tenant is the registered keeper.

There is nothing else contained within the tenancy agreement that relates to vehicles or parking. I have been looking at various threads today and I understand that my tenancy agreement should supersede any perceived contract with UK Car Park management and if no provision is contained within the tenancy then I should not be liable for any parking charges if not included in my agreement. Am I correct in this and should l this be the main thrust of my defence?

Thanks for all assistance

Coupon-mad

Am I correct in this and should l this be the main thrust of my defence?

Yes.

The main issue that can (sometimes but rarely) undo that argument, is if the lease/agreement doesn't give unfettered parking rights and says that the landowner/their managing agent can make any changes they deem fit for the efficient running of the estate.

If you read Link v Blaney* you'll see what you have to produce to show the "unfettered" bit you are claiming. Also "communal" spaces tend to be owned by the Lessor and not the Lessees.



*Link v Blaney was - according to the Parking Prankster's Blog in the second link below, and the transcript itself in the end as hosted by the BMPA - one of the cases 'John Wilkie' (as reported in the Transcript and in the Blog, all in the public domain) lay repped, and the case was lost.

This is a fact, proven by links below that are already in the public domain so no rants, threats or reporting my post for daring to utter the truth and show these already public links:

https://bmpa.zendesk.com/hc/en-us/articles/115004207805-Link-v-Blaney-C9GF03Q9

http://parking-prankster.blogspot.co.uk/2016/11/test-cases-scheduled-for-overstone.html

LingNoi

Great thanks for the quick reply.

I'll go through the lease and have a read of Link v Blaney, I'm looking to get my defence together tomorrow so will post here for further comments and suggestions.

LingNoi

Ok I have read through Link v Blaney and it appears they lost because there was a provision within their tenancy agreement that they would have to abide any regulations introduced by the management company of their property.

I have read through my lease and found the below –
Superior Landlord

3.84 To comply with all conditions of any Superior Lease under which the Landlord holds the premises, and to observe any restrictions to which the superior lease is subject. The tenant also agrees, if required by the Superior Landlord;
3.84.1 to allow all references to be submitted to the Superior Landlord;
3.84.2 to enter into any agreement, deed of covenant or license with the Superior Landlord, agreeing to observe and perform the covenants of the Superior Lease, subject to the Tenant having received reasonable notice of
(a) The Superior Landlords’s intention to require such an agreement, lease or license;
(b) The contents of such an agreement, lease or license prior to signing this tenancy agreement

As I am not party to any Superior Lease that my landlord might have signed I am unable to answer whether a provision is contained within the Superior Lease that states "landlord is entitled from time to time may introduce regulations with regards to the proper management of the location".

There is nothing else contained within the tenancy agreement that relates to third parties and the management of the location, am I right in this supposition that there is no clearly defined provision within my tenancy agreement even if their might be a provision in the Superior Lease between my landlord and the Superior Landlord?