Judgement for Claim (in defalult) - PCM & Gladstones

[Deleted User]

It's 24 hrs prior to hearing. If you win C may say they can't respond to it / haven't considered it. Take a copy with you though and see if you can get court and defendant to consider it anyway. Worse (winning) scenario you're restricted to LiP daily rate and expenses.

MORB

Johnersh - will do as such then.

@Johnersh - if in the commercial tenancy between my then employer and unit owners it states:

No term of this Agreement shall be enforceable under the Contracts (Rights of
Third Parties) Act 1999 by any third parties.

and also:

Section 62 of the Law of Property Act 1925 will not apply to this Agreement.
Accordingly, you shall not have the benefit of any easement, right or privilege
(except those we give you in this Agreement) over any parts of the Property or
any adjoining or neighbouring property and any such amenity enjoyed by you
shall be so enjoyed with our consent (and not as of right).

However:

Together with us and the other occupiers at the Property you can use the
Common Parts [which include the service area in which I was unloading ] and also the Channels carrying the Utilities to and from the
Unit. You must use all of these in a reasonable and proper way, in line with
any reasonable regulations we set. If you damage them you will be
responsible for their repair to our reasonable satisfaction. You do not have
any rights over the rest of the Property, unless they are set out in this
Agreement.

Is it the correct interpretation that PCM are a third party frustrating the enjoyment and consent granted by the landowner under the lease?

NB - I have only just managed to get hold of the commercial lease in force at the time of the PCN.

KeithP

Can you not email your costs schedule to both the Claimant and the Court tonight?

Google courtfinder for your local court's email address if you don't already have it.

Make sure you .cc yourself to prove it was sent.

Coupon-mad

Is it the correct interpretation that PCM are a third party frustrating the enjoyment and consent granted by the landowner under the lease?

Yes, from your point of view.

They might point to this:

You must use all of these in a reasonable and proper way, in line with
any reasonable regulations we set.

MORB

@Keith - I could but it's my understanding that Johnersh is advising not to?

@C-m - The tenancy contract is not in the list of exhibits I wish to rely on. How should I proceed given that is so and with your assessment above?

Coupon-mad

Do you mean you don't wish to use it, due to that sentence about regulations?

Or do you mean it's not in your evidence as you only just got it, but that you DO want to use it?

If the latter, then you can only ask the Judge tomorrow if the court will allow it, given that you have only just got it. Trouble is with that, I expect the Claimant will seek to adjourn the case to consider it and you will have to book another day off work and start again.

You might decide on balance not to use it/not to take it at all, then.

[Deleted User]

@Keith - I could but it's my understanding that Johnersh is advising not to?

Not quite - merely that it would make little difference as, strictly speaking, it's too late anyway.

When a PPC tried to seek costs late, I had them excluded. Mind you, they still asked for them, so do the best you can. Ask for them and put a copy in front of the judge and the claimant and see what you can do. My suspicion is that an email wouldn't be forwarded to the advocate or, possibly, the judge had it been sent after 5pm on Monday.

Since it's now Tuesday **Good luck**

Common Parts [which include the service area in which I was unloading ]

Assuming you were loading i.e. not parked at all, you were not actually parked so probably haven't breached any terms at all.

The Highway Code (FWIW) distinguishes between parking and loading, as should one when operating a ticketing operation near a loading bay. Google Jopson v Homeguard - If you were authorised to be there by your employer, you were merely exercising your right to pass and re-pass over the land in the common parts - expressly reserved as an entitlement by that agreement for the employer. I hope your witness evidence is good on that, because the parking attendant almost certainly won't be there to say the contrary.

Coupon-mad

MORB wrote: »

@Keith - I could but it's my understanding that Johnersh is advising not to?

@C-m - The tenancy contract is not in the list of exhibits I wish to rely on. How should I proceed given that is so and with your assessment above?

MORB, please update your thread with what happened, good or bad?

What did the Judge say?