Lbc for parking in my own bay

KeithP

Yes, I don't think many people will click on forty-five links to read (part of) one document.

Can you not make it into one pdf?

[Deleted User]

Can't be bothered to click on them all but some random clicking threw up the plan at the end, 32 and from there schedule 4 which is page 20.

So a nicely delineated "own space" and nothing about permits. There is scope to vary provided nothing effects entitlement under the lease (which I'd argue ticketing a lawful tenant actually does)

*I'm not most people*:D

System

*I'm not most people*

But you will agree that at court, half of all lawyers lose.

I'd have an eye on sch 7 (10) and (13).

This would be a great one to win as there as so many of these standard leases about. And the parking companies have the same view. So it is best to have the case won before you actually have to go into a hearing. It'll be hard work.

neeraj89

KeithP wrote: »

Yes, I don't think many people will click on forty-five links to read (part of) one document.

Can you not make it into one pdf?

Yea way too many links for sure... I'll try and put them in one pdf and upload again.

thanks

nosferatu1001

Neeraj - you are the landHOLDER. The landHOLDER can sue for trespass, as the landOWNER in this case has ceded you the land for the duration of the lease, pursuant to you and them complying with certain conditions

AGain, TELL the MA to TELL their agent that THEY hired and have control of (legally) to cacnell the tickets and to agree to not trespass on your land again. For the avoidance of doubt, their implied right of access to your property is removed, including to their agents, except to carry out those duties explicitly allowed for in your lease and with prior agreed notice. Furhter trespass by them or their agents, evidenced by the recipet of more parking notices, will result in you obtaining an uinjunction againt them, and a civil claim for damages and harassment including the MAs tortious interference with your lease.

nigelbb

nosferatu1001 wrote: »

Neeraj - you are the landHOLDER. The landHOLDER can sue for trespass, as the landOWNER in this case has ceded you the land for the duration of the lease, pursuant to you and them complying with certain conditions

AGain, TELL the MA to TELL their agent that THEY hired and have control of (legally) to cacnell the tickets and to agree to not trespass on your land again. For the avoidance of doubt, their implied right of access to your property is removed, including to their agents, except to carry out those duties explicitly allowed for in your lease and with prior agreed notice. Furhter trespass by them or their agents, evidenced by the recipet of more parking notices, will result in you obtaining an uinjunction againt them, and a civil claim for damages and harassment including the MAs tortious interference with your lease.

Don't forget to refer them to the case that is very similar to yours where barrister Roger Davey took UKPC to court & got £150 in damages & over £1000 in costs https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

[Deleted User]

But you will agree that at court, half of all lawyers lose.

I'm not most people was a reference to my willingness to engage with the number of links - albeit I've not opened them all.

Certainly at most hearings one party ain't gonna get what they want, so the o/p should use every tool in the arsenal to head this off before court - even where, as I think there is collective agreement, the o/p looks to have a very strong defence (and possibly a decent counter claim). Call it what you will - litigation risk or (as others have) the DJ Lottery...

Based on Coupon's broad-brush guesstimates of forum outcomes (which necessarily are based on feedback reported) one might venture lawyers lose more than half the time on parking matters.

Loadsofchildren123

neeraj89 wrote: »

REPLY from the MA just now:

Thanks for your email,

The supplier has confirmed that this is at debt control stage now, and they cannot reverse the tickets I’m afraid, despite us asking on behalf of the Client.

If you believe that they have no legal standing on which to issue the ticket you can of course take this up with them and I hope that your attempts are successful, I am very sorry we cannot be of further assistance in this matter.

Claptrap.


PPC says you owe them money. They are chasing for it. They could stop chasing you for it at any time they please. They could sue you. Then they could withdraw those proceedings at any time they please. It is an utter fallacy that once it's at debt collector phase, or even after court proceedings are issued, the PPC has no power to stop pursuing you. Of course it does.


Write back to the MA along the lines of how hairray did. The MA tried to fob him off too. But eventually caved in and got the charge "cancelled".

neeraj89

Thank you guys for all your replies and it make me more confident that my case is strong and the PPC have no chance against me in court.

Below is the link of my lease in PDF - one link.

https://www.dropbox.com/s/g8tm760x6lbbxoo/lease%20full.pdf?dl=0

Hope this links works.

The_Deep

Indeed, up the ante. Take a more threatening line with ther MA. Teell them that, if they think their contract with the PPC precludes them from cancelling this charge, they must pay it themselves, out of their profits, and not to include it in the service charge.

Threaten that, if they decline, you will seek legak advice as to whether they, and their agents, are attempting to interfere with your leasehold right to quiet enjoyment of your property asgranted under the Landlord and Tenants' Acts.