UKCPM - GLADSTONES Claim Form

madkads

Hey guys, - so witness statement all done with evidence. Gladstones have also sent me their witness statement with their evidence.
The main one I am contesting is that my tenancy agreement has primacy over any assumed change, which I have never signed up for, nor applied for any permits. They have put as part of the evidence that UKCPM sent letters saying that they have been instructed by the housing association, but I have never signed an addendum or change to tenancy agreement.

Just want your advice on, is this still the best course to take and should be my main point? Happy to scan all the documents over.

Coupon-mad

Yes, I'd say primacy of contract/derogation from grant, is your main point.

And where's the evidence that UKCPM even sent the letter they say they did, and that it went to your home, at all? And even if it did, sending a letter cannot re-write or formally vary a tenancy agreement that UKPCM are not party to, which granted you parking easements, that cannot be withdrawn, changed or charged for unilaterally, without the agreement of the tenants.

Read all the case law and legal articles you find when you Google search for:

parking easements

derogation from grant

...see where it takes you, read article after article, case after case.

Reading stuff like that is how the regulars here learned and now know (as best we can as ordinary lay people) what we are talking about even though most of us are not legally trained. You live and learn and it will help if you fully understand the terminology and can explain it to the Judge, with case law to back you up.

madkads

Hey guys. Just had my session in court. I lost.
Gladstones didnt even turn up as they wrote prior to the judge saying the judge can decide based on evidence.
The district judge did not care about ipc, pofa etc.
Tenancy agreement: He said that in my tenancy agreement i have parking restrictions but no rights to park which i argued was implied as there was no way to include other term.
On easement: he said it only applies after 20 years so not applicable in my case.
Quiet enjoyment: He said my tenancy agreement allows me to enjoy my flat, nothing else.
Do i pay the court order or find a lawyer? Any help welcome.
I have a few more UKCPM tickets and cases so dont really want to lose my first case, which opens UKCPM floodgates for the rest.
Thanks

nosferatu1001

If you dont pay the court you have a CCJ on your record for 6 years

Not a lot of chance to appeal as they made a finding of fact. Almost impossible to overturn those.

madkads

ok, but what about my other UKCPM LBC which I have recieved, any point in progressing or getting a lawyer to better fact find?

also - who/how do I pay? the court said directly to gladstones, but do I contact them to pay or just pay?

madkads

Hey guys, thanks for the help. So I have decided to pay the current £255 to UKCPM. I have another LBC, which I have responded with the standard LBC letter.
Is it worth going through this again? anyone know of any good lawyers or a paid service that can rip the gladstones defence/witness statement to shreds, as I may take the 2nd one through to court.