Countrywide Parking Management ltd Appeal Denied

patient_dream

baart77 said:

We won today!! £31 of cost awarded for travel. Will post more details later this afternoon. Thank you all for your help!

Assume the legal was still BWLegal.   How daft of them to take this to court and especially as it was Southampton   .... takes all sorts ?

WELL DONE

Jenni_D

When you get your court notification of judgment via post it should tell you.

baart77

Ok, I will update here when the judgement comes through the post. 

It was BW Legal. The rep seemed a bit lost and surprised when the judge challenged him as if he did not notice that they had attached the wrong photo. It is quite striking as this was one of the first things I pointed out in my witness statement and the judge reffered specifically to this point in my 67 pages bundle . Maybe the rep never got to read it and was improvising. 

Another thing that is probably important for future cases - the rep tried to argue that if my dad was using the permit then he must have known of the scheme's existence therefore the signage was irrelevant and the charge was justified. I didn't get a chance to answer this point and by that time it felt the judge had made his decision so maybe it wasn't that relevant however I got the impression that the judge could have agreed with that had they presented their evidence in a more professional manner. So in a way we might have won because of their laziness and unprofessional attitude rather than because our case was strong. Something to bear in mind although this might be just my impression.

Coupon-mad

I think you are right and it's why residents should not just go along with private operator scam 'permit schemes' imposed upon them.

See you for the Public Consultation soon.  We need people like you replying.

baart77

See you for the Public Consultation soon.  We need people like you replying.

I will certainly participate, bookmarked the thread already.

I am just not sure if residents are likely to have any say in what is imposed on them. There is a profit for the landlords in those schemes I assume?

Grizebeck

Good report

Umkomaas

baart77 said:

See you for the Public Consultation soon.  We need people like you replying.

I will certainly participate, bookmarked the thread already.

I am just not sure if residents are likely to have any say in what is imposed on them. There is a profit for the landlords in those schemes I assume?

There is Protection in the form of the Landlord and Tenant 1985 Act with very specific processes to be followed if the terms of lease/ownership are to be changed. Changes can't just be imposed. 

patient_dream

baart77 said:

See you for the Public Consultation soon.  We need people like you replying.

I will certainly participate, bookmarked the thread already.

I am just not sure if residents are likely to have any say in what is imposed on them. There is a profit for the landlords in those schemes I assume?

I am sure landlords get a share of the action, maybe not cash but hidden incentives like a holiday or the like

And BWLegal, they are far too busy with Robo claims to attend court themselves so they employ a "rent by the hour" local rep who in general are clueless why they are even in court.

Of course the "rent by the hour" legal still charges which will be passed on to the PPC.   Countrywide parking had an expensive day in court, a lesson to be learnt.  They should also learn that employing an aggressive legal does not remotely mean they will win ..... you have proven that

baart77

Umkomaas said:

There is Protection in the form of the Landlord and Tenant 1985 Act with very specific processes to be followed if the terms of lease/ownership are to be changed. Changes can't just be imposed. 

This is something I have doubts about considering the judge was not interested in the tenancy agreement. It felt as if he suggested that as there was nothing there about parking, either restricting it or permiting, it was OK to introduce the permit scheme without the tenancy agreement being changed. Again it is just my impression. 

Coupon-mad

There is zero profit for landlords.