Parking in own space - Gladstoned

[Deleted User]

Coupon-mad wrote: »

Yes. The highest figure, because the other costs (not the court fee) are fake.

Just checking all this (below) is true about key fobs & an undercroft?


Your defence is very good, IMHO, and the bit you crossed out makes sense in your case, not to be included.

I would add the usual point, seen in almost every other defence example, about the parking firm not being the landowners and that any contract they hold is likely to be merely with a residents' association or non-landowning Managing Agent, and you put them to strict proof of authority flowing from the overall site freeholder, to sue residents.

Thanks. Yes, the stuff about the fob etc. is precisely how it is at the flats in question. The only thing I need to check - maybe? - is whether or not there are general parking areas for residents without an allocated space. Thanks also for the additional point; I'll include it. As far as I know, the parking firm has a contract with the non-owning managing agents.

Coupon-mad

They always do, and in some cases they will be unable to show authority flowing from the actual landowner, which can't be assumed. We had a case only the other month where it turned out the owners of a new build estate had not agreed or authorised the PPC scammer the MA inflicted on everyone.

[Deleted User]

Coupon-mad wrote: »

They always do, and in some cases they will be unable to show authority flowing from the actual landowner, which can't be assumed. We had a case only the other month where it turned out the owners of a new build estate had not agreed or authorised the PPC scammer the MA inflicted on everyone.

How's this for the additional point:


The Claimant, not being the landowners, suggests that any contract they hold is likely to be with a residents' association or the non-landowning Managing Agent. Therefore the Claimant should demonstrate strict proof of authority flowing from the overall site freeholder, to sue residents.

Coupon-mad

Yes that's fine.

[Deleted User]

Jut to confirm - Date of Service, i.e. the date printed on the Claim Form from Northampton was 25th February. 28 days takes us to next Monday (25th). I'm unclear what the '+ five days' means, given that it was suggested above that we've got until Monday, 1st April to file the defence. Can you clarify when the defence must be in? I'd like to post it recorded delivery, if time permits.

Coupon-mad

Don't post it recorded just before a weekend, or at all! Hopeless idea.

People here actually say they've done that on a Friday sometimes - it beggars belief they think it will be signed for on a Saturday. Also, what if it is held up in the post? Recorded Delivery is not guaranteed next day.

Email it (a signed & dated PDF version) as advised by KeithP.

Le_Kirk

johnsmith1890 wrote: »

Can you clarify when the defence must be in? I'd like to post it recorded delivery, if time permits.

Re-read post # 43. Can you not hand deliver it to the court? Far safer and you will now it is there and you can get a receipt.

[Deleted User]

Coupon-mad wrote: »

Don't post it recorded just before a weekend, or at all! Hopeless idea.

People here actually say they've done that on a Friday sometimes - it beggars belief they think it will be signed for on a Saturday. Also, what if it is held up in the post? Recorded Delivery is not guaranteed next day.

Email it (a signed & dated PDF version) as advised by KeithP.

Okay, will do. Thanks. Just to confirm - 1st April is the deadline?

Le_Kirk

johnsmith1890 wrote: »

Okay, will do. Thanks. Just to confirm - 1st April is the deadline?

Post # 43 (not 46 as I had in my earlier edit) tells you this: -

With a Claim Issue Date of 25th February, you have until Monday 18th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 1st April 2019 to file your Defence.

[Deleted User]

Le_Kirk wrote: »

Post # 43 (not 46 as I had in my earlier edit) tells you this: -

That's great. Thanks. I just couldn't see the maths of 28 days + 5 days, from 25th February.


I'll do a PDF and submit it via MCOL