PNC MCOL calim form

nosferatu1001

You need to ONLY read post 2

In chunks
Just the first bit - compiling a defence.

Youre jumping ahead

They might not have proof you got it - apart from you saying, on a public forum, you received them. I wouldnt start lying. It wont go well for you.

You wilL NOT submit your defence via MCOL You will submit a signed PDF over email.

Please, you DO HAVE to get up to speed on this. You cant just say it gives you a headache. If you cant understand something specific - ask it. But this is YOUR defence.

nosferatu1001

The tenant needs to look at their AST / rental agreement / lease

Does this state a requirement to display a permit/ Yes or no.

jocker01

nosferatu1001 wrote: »

You need to ONLY read post 2
I wouldnt start lying. It wont go well for you.
.

I'm not intending to...

System

You need to ONLY read post 2

Actually you need to start out working what the facts of the case are. No point in railroading people into a one-size fits all solution / template without working out what the issues are.

You would have thought by now you'd have worked out that courts take each case on its facts - and it is the facts that decide the approach.

jocker01

nosferatu1001 wrote: »

The tenant needs to look at their AST / rental agreement / lease

Does this state a requirement to display a permit/ Yes or no.

It does not state in contract that permit is required.

NeilCr

Is this the system that is relevant to the thread?

https://www.oxford.gov.uk/info/20167/your_home_and_estate/403/parking_near_your_council_home

When you say contract are you talking about her tenancy agreement?

jocker01

NeilCr wrote: »

Is this the system that is relevant to the thread?

https://www.oxford.gov.uk/info/20167/your_home_and_estate/403/parking_near_your_council_home

When you say contract are you talking about her tenancy agreement?

yes, tenancy agreement.

thanks

Coupon-mad

You would have thought by now you'd have worked out that courts take each case on its facts - and it is the facts that decide the approach.

As you know, we just don't have time, IamEmanresu, and there are enough residential defences and advice already here that the OP can read simply by searching for posts with residential lease Landlord Tenant defence as keywords.

NeilCr

Is this not a council ticket? See my link in #17.

I understand what IamEmanresu is getting at. You do need some idea of how a residential scheme is working/set up before advising. I've seen one or two cases here where people have been told to act in a certain way which, after further information was provided, was incorrect.

System

@Jocker01

One final question before you start the process as shown in the Newbies thread. Was the permit system in place when your sister first got the AST? If it was she would be been deemed to have accepted the "must display permit" system. If it wasn't then there is the issue of whether the permit system was imposed.

The case you want to read about is Pace v Noor where a tenant had the permit system imposed after the AST was formed. So check that.

Also is this a genuine council flat or a Social Landlord. Have you tried to get them to cancel? Later on you can use a Freedom of Information request to get background on the contract and the reasons for it.