PCM CCJ Residential Parking Set Aside Advice

Siee

You're right, I don't why they are persisting. I have asked my landlord and letting agency for a copy of the head lease multiple times but they have always ignored me.
I didn't counter claim but I am asking for set the set aside fee back + costs for both hearings. The managing agent was awful and did nothing to help me and the landlord was unaware about the new parking restrictions put in place, making me think that procedures weren't followed correctly to allow a variation of the lease.


I did read that thread last night. I wish I had put it in my WS! I will certainly add it to my notes and take it in with me. They have indeed added the extra £60 - which were added by the debt collection agency - and I have argued POFA over this.

Siee

Coupon-mad wrote: »

Pace v Mr N wasn't an appeal; it's just a county court case and not persuasive.

Also take UKCPM v Niven x 3 copies to the hearing in your bundle as well, as that explains the primacy of contract enjoyed by tenants, very well (again only a county court first instance decision but a goodie):

https://www.dropbox.com/preview/NIVEN%20-%20%20CLAIM%20C7GF81FK%20Judgment%20UKCPM%20v%20NIVEN%20-%20Primacy%20of%20Tenancy%20agreement.pdf?

Nor sure if that link works, looks a bit long?

Hi Coupon-Mad, please could you double check the link as it doesn't work for me? Hearing is tomorrow so I'll try and get these printed today.

Siee

Sorry to bump this thread, does anyone have a copy of this transcript, UKCPM v Niven? I would like as extra ammunition tomorrow.


Thank you all that have helped me with this.

KeithP

Not a transcript, but a court report is on the Parking Prankster's site:

parking-prankster.blogspot.com/2018/03/court-report-uk-cpm-lose-on-pofa-and.html

Siee

Does the Court require a transcript? I'm aware they can look up previous cases but I'm bringing it on the day of the hearing so they may not have chance to check.

KeithP

There will only be a transcript if someone has bothered to pay for it.

I have no idea if one even exists for the case you are interested in.

Siee

Coupon Mad looks to have one in their dropbox link above but it doesn't work for me. Wondering if anyone else has it saved somewhere.

The_Deep

making me think that procedures weren't followed correctly to allow a variation of the lease.

Such procedures would be hugely costly and time consuming, it is highly unlikely that a managing agent would bother.

Coupon-mad

bargepole has it, did my link not work?

Tell us what happened at your hearing, good or bad.

Siee

The hearing went very well!

Claim dismissed, awarded all costs including the cost of the set aside, lost earnings and expenses plus costs for claimant's unreasonableness charged at litigant in person rate.

I'm waiting for the cheque to come through the door before I celebrate!

Thank you all so much for your help. I will provide full details when I receive the letter confirmation.