Private PCN on residential estate

Fruitcake

squire1234 wrote: »

Thank you for this, very helpful.



I asked for the lease but, unfortunately, the landlady has not given me anything


I am very new to this process, is the claim by Gladstones done electronically or do I need to appear in court to present my case?

This is explained in the court guide by bargepole I think.

You want an oral hearing in court. You do not want this heard on papers.

You really need a copy of the lease. Asking the landlord to ensure they will be free to attend court as a witness might persuade her to comply with your request for a copy of the lease.

squire1234

This is explained in the court guide by bargepole I think.

Just found the thread, makes a lot more sense now.

You really need a copy of the lease. Asking the landlord to ensure they will be free to attend court as a witness might persuade her to comply with your request for a copy of the lease.

Ok! Working on it.


I need to reply to the LBC. Is there anything in particular I should state or is a slightly modified template response, as below, appropriate?

• hxxps://padi.zendesk.com/hc/en-us/articles/213845369-Letter-before-Claim-Further-and-Better-Particulars
• hxxps://forums.moneysavingexpert.com/showthread.php?p=72358831#post72358831
• hxxps://forums.moneysavingexpert.com/showthread.php?p=73208118#post73208118

squire1234

Hi! So I managed to acquire the lease agreement and there are only two relevant lines to parking:

The right of the Tenant to park one private roadworthy and fully licensed motor vehicle of not more than three tonnes on or at the Parking Space together with the necessary rights of passage on foot…

Not to park or allow to be parked any motor vehicle, wheeled vehicle, or other form of transport on any other part of the Development other than in accordance with…

The lease was agreed in 2014 and there is no mention of LinkParking. My landlady informs me that it was another company operating initially but it changed to LinkParking last year without any consultation with the tenants.

My question is, is there anything in particular I am looking for in the lease and is this something I should include in my response to the LBC? Thank you.

nosferatu1001

Yes, you point out that the landlord has an unfettered right to park
That right was demised to your during yoru tenancy
There is no need for the landlord r ANYONE to take notice of a parking scheme in order to park in their demised property.

Fruitcake

Your lease has primacy of contract. You only need to comply with the Ts and Cs of the lease/AST, and a third party cannot take away or alter those rights.
The lease does not mention a permit, and does not mention anything about you having to pay a third party unregulated scammer. They are trying to obtain money by lies, deception, and aggression.

Please do get your MP involved in this. We see far too many "own space" parking issues.
Point out what some judges have said about this scam.

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

squire1234

But the issue is that I was not parked in my own space at the time, I was parked on an access road as I had visitors who I had permitted to park in my space.

Not to park or allow to be parked any motor vehicle, wheeled vehicle, or other form of transport on any other part of the Development...

This line forbids me from parking anywhere other than my own space.

LawlessGoose

KeithP wrote: »

http://legalbeagles.info/forums/filedata/fetch?id=1172741

Assuming the sign creates a contract (e.g. it isn't forbidding) and assuming the driver is forthcoming, what I find interesting is that someone without a permit might decide that £100 is a reasonable price to pay for the convenience of using that particular parking space. Only, rather than receiving a charge for the £100 the NTK instead says the contract has been breached for not displaying a permit. Surely, such a contract would only be breached if the 28 period expired without the driver paying?

This would mean that not only is the PPC applying rules to you that you must follow to use your own space they are also offering your space to the public for the price of £100 per day. Precisely the opposite of their intended purpose!

Fruitcake

squire1234 wrote: »

But the issue is that I was not parked in my own space at the time, I was parked on an access road as I had visitors who I had permitted to park in my space.



This line forbids me from parking anywhere other than my own space.

But is silent on having to pay a third party unregulated scammer if you do park on the access road.

NeilCr

Fruitcake wrote: »

But is silent on having to pay a third party unregulated scammer if you do park on the access toad.

Please, please, please show me a picture of the access toad!

::D

Is there any catch all in the lease about the landlord/freeholder/whoever being able to introduce such measures as they see fit for the smooth running of the estate?

Fruitcake

NeilCr wrote: »

Please, please, please show me a picture of the access toad!

::D

Is there any catch all in the lease about the landlord/freeholder/whoever being able to introduce such measures as they see fit for the smooth running of the estate?

:rotfl::rotfl::rotfl:

Well played Sir.