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Court Claim form from UK Car park management & Gladstone

1910111214

Comments

  • masatoi
    masatoi Posts: 72 Forumite
    Fifth Anniversary
    Thank you very much for you time and advice.

    I think I should speak with a lawer to take it further.

    Would you be able to recommend some specialists in this field in London and Surrey area?

    Thank you again.
  • Proportionality isn't your friend.

    London/Surrey is National Band 1 - you're unlikely to get advice for less than £130 plus VAT. That will end up costing more than the ticket.

    I'm afraid I'm not aware of any specialists in parking issues per se.
  • bilib
    bilib Posts: 7 Forumite
    First Anniversary
    Who handled the leasehold purchase? If a professional and they didn't instruct on the deeds in Schedule 2 relating to the requirements to display permits (I assume) then you have damages from their failings. If you have these deeds then you have some possibility of appeal that judge could have directed to reschedule the hearing .


    My guess is the schedule does vary the lease in relation to parking and even perhaps development rights of freeholder .


    Either way you need the deeds mentioned
  • masatoi
    masatoi Posts: 72 Forumite
    Fifth Anniversary
    Hello,

    I have a question, I found a signed notice of assignee. My defences failed because I didn't take this notice and show it at hearing.

    However this notice of assignee is dated in 4th July 14 and the exhibit I submitted which was land registry stated that the lease of the parking slot is under my name dated 1st dec 14.

    My question is without having been the assignee can I still be registered on land registry as the lease holder?

    Or can I still be the Lease holder but not the assignee of the Lease?

    I did submit the land registry that stated the I'm the Lease holder of the parking plot but I was told that I'm not the assignee of the lease so I failed.

    "The Tenant may assign its interest in the Space provided that contemporaneously with the assignment the Tenant shall procure that:
    the Assignee enters into a separate deed of direct covenant with the Management Company in the form set out in the Second schedule."
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    masatoi wrote: »
    My question is without having been the assignee can I still be registered on land registry as the lease holder?

    Or can I still be the Lease holder but not the assignee of the Lease?
    Nothing to do with parking.

    Perhaps you should be asking those questions on the housing board.

    Or LegalBeagles.

    Of course you can then report back your findings here if you wish.
  • None of this means the judge was wrong at the time. None of this new documentary evidence was before him/her.

    On appeal, the courts will not usually permit new evidence to be reviewed.

    The question may be whether the judge should have adjourned the hearing knowing that an assignment existed - that is an issue relating to how the case was heard and could be a better argument.

    Usually the parties are directed to bring all relevant documents, so that decision wasn't necessarily wrong either.
  • masatoi
    masatoi Posts: 72 Forumite
    Fifth Anniversary
    I'm not trying to show a new evidence I understood that that's not possible from your comment.

    But my question is even though I'm the leaseholder of the parking slot on land registry and the judge saw it but I can still get charged by not showing the permit?
    I created a thread in the board Keith P gave me regarding this.

    On the other note in their exhibit there was a contract between UKPCM and the Management company in the lease. It's just a contract between them not mentioning the lease or anything.

    Is this an enough evidence that the UKPCM's rules can be imposed?
    Their are bossing in the land I pay rent for.
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @OP - on many occasions you are referring to the PPC as UKPCM. They are an entirely different parking company to UKCPM (which seems to be the parking company you are dealing with). But you've stated UKPCM a sufficient number of times to cast some doubt in my mind.

    Using the incorrect name for the PPC can lead to incorrect advice.

    Can you please clarify?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • masatoi
    masatoi Posts: 72 Forumite
    Fifth Anniversary
    Sorry it's UK Car Park Management.
  • masatoi
    masatoi Posts: 72 Forumite
    Fifth Anniversary
    I received 2 letter for 2 cases saying I need to pay to the claimant by 29March.

    But there is no instruction and the given time seems short.

    Does anyone know how to pay the money?
This discussion has been closed.
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