9 months after alleged parking contravention I get a Final Reminder from Excel!

grumpyawldwifey

I've got the title deeds which show Excel as the leaseholder. I've also seen the latest non-domestic rates spreadsheet Q3 2018 which shows Excel paying the rates. Is there anything else I can look for? I've sent an email to the land agent again asking for a copy of the contract but am not hopeful of a favourable response.

System

If they are leaseholder and pay rates then they have "standing" to take the claim forward. What is the date when they became leaseholder?

Snakes_Belly

Take a look at Popla decisions 6.7,& 8. These all relate to lack of landowner authority and all assessed by Shona. She is having no truck with the fact that it is a BPA requirement (in the case of Excel an IPC requirement). The appeals have all succeeded on failing to produce landowner authority. It was immaterial whether they had got authority.

Coupon-mad

I don't think that is the way to go for this case.

It'll be about the signage and no legitimate interest but it is concerning that Excel have been handed a chance to improve their position, the adjournment was not what you wanted at all.

grumpyawldwifey

IamEmanresu wrote: »

What is the date when they became leaseholder?

14.11.2016 or is it the 16.12.2016 or even 25.03.2016? I'm not sure!
I strongly objected to it CM stressing the fact that I felt I, as an amateur had strived to do everything right and as per the Court's directions and they, as the professionals had not. I even suggested that evidence showed that they do this all of the time. The judge agreed with me on the last point. I'm so glad I took your advice and printed off the track and trace evidence that they'd signed for the bundle!
One thing that the advocate said to me beforehand when I told him I was relying, as well as other statute, on the Equalities Act and Indirect Discrimination, he tried to say that I had not been discriminated against, I had to point him to the fact that carers are covered by indirect as well as the disabled person herself and that it also related to any mobility impaired patron of the services on site. I pointed out the fact that taxis refused to enter the car park for fear of a PCN which meant that disabled people would have to make their way to the roadside to access a taxi.
I've posted the title deeds here:
https://www.dropbox.com/s/8l9lyi09b48jnp6/Feethams%20Leisure%20Title%20Deeds.pdf?dl=0

Snakes_Belly

Equality Advisory Support Service (EASS) would probably think differently. You could complain to them however you can get too bogged down and perhaps best to concentrate on the court case. I can empathise with your situation as I have been a carer and this is the last sort of thing that you want. It's stressful enough having the responsibility of looking after another individual.

Whatever happens in our cases I am a great believer in karma and the likes of Simon Renshaw-Smith and his ilk will get their just deserts.

I think that these advocates acting for the Claimant do a sort of legal haka (intimidate the opposition). Best to do as they say in Yorkshire, hear all, say nowt.

Snakes_Belly

On one of the other forums there is a person from the Land Registry. You could post the details of the car park and ask about the dates. I think that it is the House Purchase and Renting forum.

Upsidedowner

This is awful! Sorry you got to the day of reckoning only to have to do it all again, absolutely sucks they didn't just make them get on with it on the day.

The dismissal I had has been set aside. The court had the POC all along just hadn't input them on the system (hmm!), so I'm back in the thick of it! Feel like Ive lost my momentum but Im sure it will all come flooding back.

I had a look at the title deed you posted, it says that they have permission to erect signage on the walls but nothing about permission for ANPR cameras? Is that relevant? The cameras are mounted on the roof of the entrance/exit.

grumpyawldwifey

I feel for you Upsidedowner.
Their signage doesn't tell you that they use ANPR. They have admitted that they use warden patrols to police the disabled bays so, imho their use of ANPR as well is disproportionate and, therefore breaches the ico's codes of practice.
I'll check out the deeds question re it. I'm guessing it will be a contract thing if we ever get to see it

grumpyawldwifey

Here we go again, round 2.
Different advocate this time.
Wish me luck.
DJ Davies this time.