Private PCN on residential estate

[Deleted User]

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

I was gonna say that, but couldn't. Must've been a frog in my throat...

Le_Kirk

Is that a repeat post because I've already reddit, reddit ....

squire1234

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

Hmm this is true.

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?

It does say the following:
"That the Management Company shall have the power to make and at any time vary such Estate Regulations as it may think fit for the preservation of the amenities of the Development or for the general convenience of the occupies of the Units"

Also I still need to reply to my LBC. Is there anything specifically I need to include other than the general gist of what is in the template replies in the NEWBIES THREAD?

Coupon-mad

Show Gladstones your evidence of your primacy of contract. Demand their client shows how they can ride roughshod over the rights/easements and peaceful enjoyment of residents.

Please no template reply to a LBC...those on here are now pretty ancient. Don't copy the long one talking about October 2017. Don't copy one at all.

Write what I said above, in your own words. Show us first.

squire1234

Thanks so much for your help so far guys. So I received a response from gladstones after my reply to their LBC:

thank you for your correspondence...

As requested, please find attached the bundle of documents our Client would seek to rely on should a claim in this matter be issued.

Furthermore, this charge was incurred as the result of not parking in a designated parking area. Therefore, the contents of your lease or presence thereof is irrelevant, and examination of such would make this apparent.

In light of the attached, please make payment of £160.00...Should payment not be received, we will proceed with our Client's current instructions to issue a claim without further correspondence.

Is the quote in bold true? How should i go about this? Thank you!

nosferatu1001

It depends what your lease says about those general areas
If it jsut allows car parking in the car park, then there are no "undesignated" areas, so you willl need to reflect on that yourself.

squire1234

Well this is the thing, the lease says the following:

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 4th schedule.

Fourth schedule states this:

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...

So it seems to specify that you have to park in accordance with the fourth schedule, which means not parking anywhere other than in the parking space.

My understanding of these legal technicalities is really limited so I am not sure how the contract by linkparking fits into all this.

Right now I am not sure what my defence is. I can think of the following based on my reading:

1) There's no mention in the lease agreement that you have to pay a third party if you do not comply with the contract. As of yet I do not know how linkparking came to be on the estate, the landlady was not informed when they started.

2) The phrasing of the sign appears to be forbidding.

3) The amount of the fine written on the sign is very obscure.

squire1234

Just an update, I received court claim papers just under 2 weeks ago and am looking to defend it. I have acknowledged the receipt of this.
It has been pointed out to me that the NTK came over 56 days after the date of issue of the windscreen ticket, which is against POFA terms therefore voiding the ticket.
Furthermore, the initial ticket did not include the duration of parking time, which again is a requirement.
Any help regarding constructing a defence?

Coupon-mad

Yes, in the NEWBIES thread and on any recent defence thread, loads here.
I must have replied on twenty or more today. All pretty much the same as yours.

KeithP

squire1234 wrote: »

I received court claim papers just under 2 weeks ago...

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?