Lost IAS - Own Space, CPM not in my Lease

D_P_Dance

If Clarion are a registered charity a complaint to HM Charity Commissioners may be in order.   Personally I would be happy to supply any scammer with a copy of my lease for £2 a page.  

Umkomaas

While I share your annoyance at UKCPM marauding your residential area, should this go to court (and UKCPM are the country's most litigious operator), a Judge will have expected both parties to have attempted to have dealt the issues reasonably. I can't speak for what a Judge might make of things, but one scenario might be that he/she might view UKCPM as having attempted to start to resolve this by seeking to view a copy of your lease. 

But before doing so, I'd write back to UKCPM and express surprise they are asking for it as your understanding is that they would (surely) have examined it as part of their due diligence prior to entering a legal contract and threatening legal proceedings against resident leaseholders. 

Lockdown aside, you tell them that the documents are available to view at your property and maybe they could get their gimp (who is regularly all over the site) to come to examine them (promise them you will hold it the right way up for him, but please tell him there are no pictures)!

happyface182

Umkomaas said:
maybe they could get their gimp (who is regularly all over the site) to come to examine them (promise them you will hold it the right way up for him, but please tell him there are no pictures)!

   Golden! - Many thanks

Next time the guy from Clarion calls, I will tell them they can come and view it (all at safe social distancing of course), but make no copies.
It's a hard copy, and I have no scanner (besides, if I digitize it, how can they be sure I haven't edited it?) 

Sound fair?

Redx

Meanwhile , read the judgment in this thread https://forums.moneysavingexpert.com/discussion/6010750/one-parking-solution-nltd-zzps-ltd-qdr-solicitors/p1 because ops seem to have thought they could take over land they aren't entitled to plus the contract was false

Seems to me some of your issues are similar

nosferatu1001

Yep, youve made it avaialble
If it is a long lease, it will also be registered with the land registry, and they can buy a copy from them
As they should have done before signing up.
AGain - expressing surprise that they failed to obtain copies of leases, when they knew or SHOULD HAVE known that there were leaseholders on site with existing rights, and you wonder why only now, some x years in, are they seeking to do so? Point out you only have a hard copy, but that the land registry (if true) will be happy to rovide them with a copy, for a nominal charge.

happyface182

perfect - many thanks all

MothballsWallet

Umkomaas said:

While I share your annoyance at UKCPM marauding your residential area, should this go to court (and UKCPM are the country's most litigious operator), a Judge will have expected both parties to have attempted to have dealt the issues reasonably. I can't speak for what a Judge might make of things, but one scenario might be that he/she might view UKCPM as having attempted to start to resolve this by seeking to view a copy of your lease. 

But before doing so, I'd write back to UKCPM and express surprise they are asking for it as your understanding is that they would (surely) have examined it as part of their due diligence prior to entering a legal contract and threatening legal proceedings against resident leaseholders. 

Lockdown aside, you tell them that the documents are available to view at your property and maybe they could get their gimp (who is regularly all over the site) to come to examine them (promise them you will hold it the right way up for him, but please tell him there are no pictures)!

What, no mention of the big, poly-syllabic, words? 

OP could say that they can lend the UKCPM gimp a copy of "Baby's First Dictionary (Pictures Edition)" for £20 an hour....

D_P_Dance

As nost ASTs/leases run to over 20 pages, and include stuff about where to hang washing and not run a brothel, it is unreasonable imo for a PPC to ask to see one.  

happyface182

Clarion called back today and said they got the charges dropped, I have emails from CPM and Gladstones confirming this, but I'm not accepting that it's over until I have it in writing that CPM won't bother me here again. 
Moving forward, by merit of them cancelling the charge etc. this proves they were wrong and have accepted they were not going to win as I had primacy of contract (something I've been telling them since the beginning in Feb 2018). 
With that said, is there now any point in me pursuing  a small claim against CPM for 2.5 years of unrelenting, escalating, persistent harassment? 

I would like to drag Clarion through the mud further too, but I plan to move out this year, and will need their co-operation for that. 

Any advice much appreciated as always

Coupon-mad

I think I would move out first then file a claim for the distress and harassment.

Oh, and well done!  ANOTHER UKCPM ONE BITES THE DUST!