Excel Parking Services - Flipped Ticket

Snakes_Belly

https://rapleys.com/wp-content/uploads/2016/05/Darlington-St-Cuthberts-Details-0516-1.pdf

See tenure.

I would request that you see the actual lease.

jam1991

Thank you Snakes Belly.

What exactly does the tenure mean?
I tried entering the postcode into the land registry website but no results are found.

Castle

jam1991 wrote: »

Thank you Snakes Belly.

What exactly does the tenure mean?
I tried entering the postcode into the land registry website but no results are found.

It's the Heading on the second page of the linked document referring to a temporary lease in place with Excel; however it's subject to short notice termination which is why you require proof that it's still in place from the landowner.

jam1991

Thank you again, so if there are no results showing on the land registry for the address.

How can this be best fought on Tuesday at the hearing? In order to dispute the renewed leaseholder witness statement.

jam1991

I would really appreciate advice relating to the leaseholder witness statement and how best to approach this at the hearing.

Snakes_Belly

I have just looked on the Land Registry and I could not find any record of a lease. In my case Excel did actually have a lease that was listed at the Land Registry but they have form for "doctoring" documents that they produce in court. See the Ambler case.

Firstly fluttering ticket cases have been won in the past. It's a very trivial matter to take to court (de minimis).

Secondly to take this to court without authority from the landowner for such a trivial matter is unreasonable behaviour.

You must challenge that cobbled up document that they have produced because there is evidence that the ownership of the land changed and Excel's lease was subject to immediate termination. Excel may just be managing the site. It's also possible that they may have not registered the lease.

[Deleted User]

You can try and introduce the argument that this should be excluded as to permit it would be to allow trial by ambush - you've been asking for this for XXX time and just a few days before final trial, the claimant serves:

1. Late witness evidence
2. Evidence that contradicts their own prior statement (which is signed and verified with a statement of truth)
3. A document which states a lease exists, but without actually stating any of the terms - the court should determine the entitlement on the basis of factual disclosure not a 1 page document from an individual not present at court to evidence the assertions
4. This document is said to have existed a matter of days since the lease was entered into. There is no basis for late disclosure. It is also not evidence that the lease was in place at the time of the event, since it reflects the position when it was signed, it may have now been terminated. It is for C to prove his case - he could serve both the lease and an up to date statement. He hasn't. Why?
5. The statement appears to refer to signs without actually referencing the content of the terms therein. It is hopelessly generic.

Don't forget too that AFAICT this jumped from £100 to £160 before excel outsourced to any debt collectors or solicitors so there is absolutely no basis to argue that the £60 is an actual cost.

RobinofLoxley

jam1991 wrote: »

I tried entering the postcode into the land registry website but no results are found.

If you do a map search on the Land registry search it's there.

The car park looks like it has it's entrance on Brunswick street and a search brings up this ;

Address:
land and buildings on the South side of Brunswick Street and the East side of St Cuthberts Way and 19 to 25 (odd numbers) and 29 Borough Road
Darlington

Tenure:
Freehold

There is a title register available to purchase. Though having not done it before, I don't know if you can download them immediately or there's a wait.

IMO that 'Leaseholder witness statement' provided by Excel is meaningless without a copy of the lease to back it up. Why haven't they included the lease from the landowner in their WS? That's if there is one of course.

jam1991

Thank you for your help and advice. When I have looked on the map search, the postcode is bringing up no results. Please can you advise how you managed to get to the step or being able to purchase the information?

RobinofLoxley

Select aerial view then you have to zoom in close enough to enable the 'find properties' on button, then select the search radius, then hit search.