Lost IAS - Own Space, CPM not in my Lease

happyface182

Many thanks

I've included the following description as my reasons for disputing the debt:

I dispute the debt because (as already explained many times to your client), I am the leaseholder of the parking space. I have primacy of contract above all involved parties which include yourselves and UK-CPM.
Furthermore, no permit has ever been supplied, so even if I wanted to enable your client’s illegal profit-making organisation being ran on other peoples’ land, I would not have been able to.
Due to my lease, a permit never has, and never will be needed.

I'm not sending them my lease

happyface182

Gladstones have now written to me asking for a copy of my lease, do I send it to them, or tell them no
?

I'm not really comfortable with sending it to them to be honest, also, they should pay postage.

What do you guys think?

KeithP

I wrote this about a week ago:

I would be suggesting to them that if their client searched hard enough they would surely find a full copy of the leases in their own archives.

After all, what company would agree to set up a parking scheme not knowing whether or not they had the right to do so?

It's called due diligence.

Umkomaas

If their client had undertaken due diligence before signing the contract with whomever dragged them onto your residential setting, they would have already viewed the leases for the estate.

Tell them to ask their client for a copy!

happyface182

Thanks, I told them to ask UK CPM for a copy.

You're right, they should be doing their jobs. Why on earth would I want to help them sue me

The_Deep

I would be inclined to offer them a choice, pay £1.00 a page for a copy plus £2.00 postage, or obtain one from their principal.

Have you yet re4ad about punitive costs for unreasonable conduct, 9CPR27.14(2)(G)?

ute

happyface182

Thanks @The Deep

Serious question though, is it really unreasonable to refuse sending my lease?

If I sent them my full lease (which as mentioned, they should get from their principal) I am then completely without it, and it's in the hands of people trying to sue me in any which way they can find. I also don't know or trust these people.

DoaM

I think TD was referring to applying the Unreasonable Costs basis the other way ... THEY are being unreasonable in expecting you to send them a copy of your lease. And this won't be the only act of unreasonable behaviour that they have (or will) take before this saga completes.

happyface182

Only took them 7 months to reply...

Dear Mr xxxx

We write in reference to your email dated 17/06/2019, the contents of which are noted.

Please note, should we proceed to litigate your conduct will be bought to the Courts attention under CPR 27.14 (2) (g).

We obtained the documents and having reviewed these we can confirm point 4. levies the Landlords’ regulations on to the Leaseholder and those under title (which you are a Proprietor on the register)  ought to have agreed to reasonable regulations being bought in and to assist ‘orderliness’ and the implementation of the Landlord’s obligations i.e. to provide the space, therefore the parking charge has been issued correctly and the balance of £160.00 remains outstanding.

 We enclose an up to date Letter before Claim for payment purposes. In the event payment is not received within 60 days from the date of this email, we hereby put you on notice, it may be our Client's instructions to issue Court proceedings without further warning.

happyface182

I'm tempted to reply stating I want them to take me to court and get this over with / embarrass them, but thought I'd seek further opinion here first if possible?