Miss R versus VCS Ltd

[Deleted User]

Ok. So you, a resident are:

?absolutely entitled to a permit,
?which are free to residents
?has never been supplied with an updated one

If the above is true, then potentially it is frustrated as the PPC is in breach of their obligation to supply up to date permits for use by residents, without which the entire scheme fails.

The_Deep

Are you sure that you need a permit in the first place. In most residential scams the lease/AST takes primacy.

JesterShoe

This stems back to the original post, that it's a gated community and the lease holders own their respective parking bays as set out in the deeds.

The permits are a just management tool use by the PPC, and the resident out of courtesy display them.

If I choose, forget or by accident not to display the permit, the PPC cannot enforce their nefarious terms as it overrides the deeds and my freedom to enjoy my property.

The building management company are also culpable in this robbery. I am thinking of invoicing them for the stress, time and lies they have given me. Would I be right in thinking that this could be the first steps in a claim on the BMC.

Coupon-mad

The building management company are also culpable in this robbery. I am thinking of invoicing them for the stress, time and lies they have given me. Would I be right in thinking that this could be the first steps in a claim on the BMC.

Yes, why not? It only costs £25 to file a claim for £500!

First of all invoice them, break down the costs and reference the distress caused arising from breaches of:

- the Protection from Harassment Act 1997
- the Data Protection Act in allowing an agent to process data they were not entitled to, based on unfair terms and a derogation from grant
- the Consumer Rights Act 2015 (unfair terms section)

https://www.which.co.uk/consumer-rights/advice/i-think-theres-an-unfair-term-in-my-contract-what-can-i-do


...then if they do not reply or fail to deal properly with your invoice send them a LBC (see Which? or court guides for how to word it).

Then if you feel lucky and have researched it, start a claim.

JesterShoe

Quick update:

Both claims have now been consolidated, VCS needs to re-submit claim and pay court fee by mid July or it gets thrown out.

Court date set for mid August, started my witness statement.

[Deleted User]

If I choose, forget or by accident not to display the permit, the PPC cannot enforce their nefarious terms as it overrides the deeds and my freedom to enjoy my property.

This may be the case in the your case (as I hope). There can be a term permitting the residents management co to implement schemes/rules for the good management of the premises (which could include a permit parking scheme).

Naturally the terms of the lease are key, so provided your interpretation is correct, you're in a good position to argue this in an unauthorised variation to the lease terms.

If this is what went down, I imagine that the statement will address the secondary issues - the failure to supply a new permit in a timely fashion (which is presumably the responsibility of the PPC that supplies them to the management co who then distributes). The PPC should not profit from their administration failure.

JesterShoe

Update:

VCS have paid the court fees and I have received a copy of their witness statement, looks like we're going to have our day in court.

I would just like a little advice about the witness statement and skeletal defense argument.

Are they one statement with 2 sub heading or 2 completely separate documents?

And any other pointers would be greatly appreciated.

KeithP

When is your Witness Statement due?

Usually both the Claimant and Defendant have the same due date for filing their Witness Statement and Evidence. It worries me that you have received the Claimant's Witness Statement but are only now starting to think about yours.

You told us over two months ago that you had started on your WS.

JesterShoe

I have set my last post day for the 1st August.

I have a draft witness ready, just going through and pulling apart VCS's witness statement.

Its a joke!

They need parking spaces for customers and clients! Its a residential site! My blood is boiling.

Redx

JesterShoe wrote: »

I would just like a little advice about the witness statement and skeletal defense argument.



Are they one statement with 2 sub heading or 2 completely separate documents?

And any other pointers would be greatly appreciated.

please note , there is no S in DEFENCE

THESE ARE 2 SEPARATE DOCUMENTS

the WS is your own story about what you know and have ascertained etc , plus referrring to numbered exhibits (evidence) you are relying on

the skeleton is just an aide memoire for you and the judge etc


your inspiration for your WS should come by reading recent 2019 witness statements in other court case threads that are further along, especially VCS and EXCEL threads