Vehicle control services LBC

Maurizie

Been busy with life as always, just getting round to getting my defence together now! I’ve ran into a slight problem in that while looking over my old lease for the flat it doesn’t actually mention anything about parking, unfortunately it was only ever talked about verbally, however I obviously was given a permit - does that imply the right to park As part of the contract?

I can’t seem to find a similar defence to mine as in other own space defences the right to park was in the actual contract. Any advice?

Coupon-mad

I’ve ran into a slight problem in that while looking over my old lease for the flat it doesn’t actually mention anything about parking

How is that a problem, for obvious reasons?

You are saying that it mentions NOTHING about any parking terms & conditions being part of your agreement. Good.

however I obviously was given a permit - does that imply the right to park As part of the contract?

Yes, especially if you were given that permit with no caveats about t&cs/fines.

I can’t seem to find a similar defence to mine as in other own space defences the right to park was in the actual contract. Any advice?

Just amend the ones you have found to talk instead about permitted rights and easements, due to being provided with a physical permit which came with no caveats or obligations, nor any bolt-on t&cs that could have created a secondary contract with the Claimant, at the time of signing the tenancy agreement and accepting the free parking permit. Terms cannot be added later once an unfettered right to park has been granted.

Maurizie

Thanks for all the help. I was just starting to edit one of the defenses when out of nowhere an email came through from the property management company saying they've agreed to drop it all if I pay the £25 court fee which I have just begrudgingly done - I still see it was a win for me!


Thanks again for the help

Coupon-mad

I see that as a win too. £25 to make it go away.

Now, how do you KNOW it's been discontinued? Have you rang the CCBC to check?

You do know that you must meet the defence deadline, if the case is not discontinued?

Maurizie

Good point, I asked the person on the phone to confirm that me paying is settling the entire case and they said yes and that they’ll send a letter today confirming that. I’ll give it till Wednesday and ring the court just to be sure!