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Multiple county court claims?

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  • wotnott
    wotnott Posts: 69 Forumite
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    Thank you. And yes, I had the same thought about traffic. Dictionary definition really does relate to moving vehicles only, not stationary ones.
  • wotnott
    wotnott Posts: 69 Forumite
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    edited 5 December 2018 at 1:00PM
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    I responded to Gladstone's Letter Before Claim basically making the point that has been discussed here (i.e. I have exclusive access to the parking space as per my lease and the right to quiet enjoyment, etc., and have no contract with CPM).

    Gladstones have replied. Their response includes a request to see my lease.

    "You allege that you have a right to park under your Lease without concession. Please provide a copy of your Lease to *** in order that we can consider this further."

    I would not send them the entire lease, but should I provide the relevant section(s)?

    Also could I realistically counter-claim for harassment, trespass or similar? I am out of pocket by £160 as a result of this already, not to mention all the time spent defending myself.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    wotnott wrote: »

    Gladstones have replied. Their response includes a request to see my lease.

    "You allege that you have a right to park under your Lease without concession. Please provide a copy of your Lease to *** in order that we can consider this further."

    It's such a shame that we are cursed with such idiots like Gladastones. ???

    Do what these idiots say "This is privileged and sensitive information" and " You will be happy to produce this in court"

    It's not your fault that the incompetent Gladstones select to act for parking scammers like UKCPM
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 5 December 2018 at 2:03PM
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    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 37,655 Forumite
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    wotnott wrote: »
    Gladstones have replied. Their response includes a request to see my lease.
    Why not suggest to Gladstones that they ask their client for a copy of the lease?

    Surely their client will not have entered into a contract with the landholder or their agent without studying all available documentation to ensure they had the rights to carry out the activities they were planning?

    It's called Due Diligence.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Can they not obtain a copy from the Land Registry?
    You never know how far you can go until you go too far.
  • wotnott
    wotnott Posts: 69 Forumite
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    edited 7 December 2018 at 1:43PM
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    The_Deep wrote: »
    Could you counter-claim? Why not, Roger Davey did

    Thanks. That's interesting.

    I'm no great expert on the law RE: Trespass. Is there any significant difference between leasehold and freehold land in this context? My understanding from Roger Davey's post was that his parking space is leasehold as well. If so it sounds like a very similar situation, which is encouraging.

    I am replying to Gladstones now, basically pointing out again that I have the right to park on my own property. I am not providing them with a copy of my lease.

    I will send a Letter Before Claim to CPM if I have a reasonable case (which I seem to) for trespass.

    Any views on whether harassment is worth pursuing? They have sent me countless letters and used fairly intimidating tactics, but it might be simpler to just stick with trespass if I am on solid ground with that.
  • KeithP
    KeithP Posts: 37,655 Forumite
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    wotnott wrote: »
    I am replying to Gladstones now, ...declining to provide them with a copy of my lease.
    Probably best not to refuse, but instead just point out where they are able to get a copy. ;)
  • wotnott
    wotnott Posts: 69 Forumite
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    edited 7 December 2018 at 1:45PM
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    Agreed. That is how I have worded it. I have not stated that I will not provide it now, but have implied this by not indicating that I will. I am suggesting that they can check with Land Registry and have said that I am happy to produce my lease in court if required.

    I have rephrased my previous post accordingly.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    You could also express surprise that their client doesnt already have a copy of ALL leases relevant to the site, as surely before setting up a contract on land they KNOW will be goverend by leases, surely they have performed adequate diligence?
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