Gladstone Claim Form with a twist

Umkomaas

What I meant is does the lease having no mention of a parking scheme secure a victory or could I still have an issue.

It's a very simplistic analysis. There's lots of research and checking to do, then the putting together of incontrovertible evidence, then arguing your case in front of a Judge.

No one here is in a position to definitively second guess a Judge. It ain't that straightforward - for you, or UKCPM.

KeithP

Yes, that's what I thought you meant.

The problem is that if this ever gets to court you will need to convince a judge on that point. If you cannot manage to do that it is probably a good idea to have a few other arguments available.
Like perhaps poor signs, worn out bay markings, are the signs forbidding, etc.

In my opinion you would be unwise to rely on just that one point unless you can definitely show a judge that there is no way he can reject your argument.

System

I actually was never sent a permit by CPM this is how it all started.

What I meant is does the lease having no mention of a parking scheme secure a victory or could I still have an issue.

Did they say why there was no permit. For example were all the bays allocated to other tenants by a lease.

If you were parking on the common area there would be a defence but it depends on where you were parked and what implied rights you had. No mention means no explicit rights but you'd have an implied right in common with the other residents to the communal areas IF they were a common area.

UKCPM don't check this so you will need to - and you may have been told by your landlord.

Also were UKCPM there prior to you becoming a tenant or did the arrive afterwards.

coynek

My tenancy which I have managed to lose since the last case says you must only park on a designated area so as designated by the landlord. (I have scanned pages used in the last case)

We have designated bays, I assume I was in my own bay when I had the ticket but it was so long ago I can't remember the PCN.
When I moved in there was no parking scheme, euro car parks then started to manage the car park and I had a permit, I have scanned documents of appeals being declined by CPM re the original case which clearly show close ups of my vehicle with a permit in the window from said company, UKCPM did not send me one when taking over. I may have not had any permit on display when the PCN in question was issued, hopefully my SAR will help with that and I get to see the images.

I have a tenancy with Hyde and I believe the owner may be Ringleys will this affect my defence of my tenancy lease, I had this in my defence last time:
Any consideration flows from the landholder, in this case my landlord, who is the leaseholder. I put the Claimant to strict proof of contractual authority from the landowner, on original documents containing their name and address, and written in their own words.
Thanks

System

As regards the space, you will need to confirm it is actually the one designated to you.

As regards the introduction AFTER the AST was signed, then read Pace v Noor as it applies to your situation. The general rule is that terms in an AST can't be changed unless there is something in the AST to allow it. You say there isn't.

So it will all come down to whether you were in your own space or someone else's.

As regards the contract, you won't get it until the last minute but UKCPM do not check whether they can ticket you. They rely on their client indemnifying them so if you are being ticketed in your own space to which you have rights, you could mount a claim against the Agent - though few would have the nerve to do so.

coynek

It definitely won't be someone else's bay, a very small chance of it being a communal area.

I can't believe they can still operate like this after so many year's

Thanks for your help, I have Friday off and will get my defence sorted.

Redx

coynek wrote: »

I can't believe they can still operate like this after so many year's

so write an email to your MP and complain, and ask them to contact Sir Greg Knight and to support his bill too

https://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

and watch the 2 videos from this year in the house of commons and the committee rooms , one last feb and one last july , its enlightening

coynek

I've just found general form of judgement order from my last case with ukcpm in which they were ordered to pay me £97 as the claim was dismissed for non attendance by Dec 2015 which did not happen, I sent a copy via email to one of their employees on Jan 5th to prompt payment.
Could this be used in some way to discredit them in my defence.
Thanks

System

Was it for the same event or a different one? If it was for the same event, then it could be awkward for them.

coynek

no this current one is for a PCN issued March 2016 ( allegedly )