Advice needed please -

[Deleted User]

bump as think overlooked

Umkomaas

treetops wrote: »

bump as think overlooked

Possibly because you are now asking largely legal questions of a forum designed to deal with private parking charges at first stage. Sometimes we have no answers to the thousands of questions asked, many well out of left-field. We are not all things to all men/women. Sorry.

Try putting your question to a legal-focused forum such as Legal Beagles, where legal-minded/experienced/qualified posters congregate.

[Deleted User]

Coupon-mad wrote: »

Just back from a break!

I will dig out some photos for you treetops, ready for your Witness Statement & evidence stage later on.





...and #10 is too long and the paragraphs below it all need their own number; they are not intended to be one single paragraph.

Hi Coupon-mad I have sent you a p.m.

[Deleted User]

Hi
Received Notice of Allocation to my local court :
witness statement due to be filed 05.12.19
claimant to pay trial fee by 02.03.20
hearing 30.03.20

I have prepared my witness statement and will post on here closer to date .

What I am aiming to send as evidence is :

1. 1999 Leasing of Land at Berry Head Torbay Council to Torbay Coast and Countryside Trust (official LR document)
2. 2017 Leasing of car park at Berry Head Torbay Council to Torbay Coast and Countryside Trust. (offical LR document)
3. BOROUGH OF TORBAY, (TORBAY COAST & COUNTRYSIDE TRUST) (OFF STREET PARKING PLACES) ORDER 2013
4. AUGUST 2016 REVOCATION OF BOROUGH OF TORBAY, (TORBAY COAST & COUNTRYSIDE TRUST) (OFF STREET PARKING PLACES) ORDER

However, the problem I have is that the 1999 lease is 47 pages long - I was wondering if I could get away with photocopying the first few pages and the plan which clearly identifies that this lease did not include the car park.

I have a copy of the insurance document which shows the car was insured for multiple drivers , do I need to attach this as evidence.

BW legal sent me a copy of the signage which they allege was in place at the time . Its clearly inadeqate. I was also sent a copy of the PCN/NTK which is not POFA compliant. The images show the car on the road:rotfl:

Another laughable point is that the signs state £85 but the PCN/NTK state £100:rotfl:

I am in contact with someone who also received a County Court Claim from BW legal/PP re Berry Head car park. They are slightly ahead in the process to me, but after filing a witness statement received notice of continuation from BW legal. Slight difference is that BW legal had to pay the court fee this month, where as in our case the judge has allowed them until March 2020 so there is potential for them to 'spin' our case for a while longer yet.

I am in correspondence with Torbay Council , LANDOWNERS, I received a couple of rubbish replies . I have now escalated to a complaint with a view to Local Authority Ombudsman next.

Torbay Coast and Countryside Trust who were not actually leaseholders of the car park until 1 December 2017 have not responded to any of my letters . However the lease states they are a non exempt charity under the Charities Act so this may be a route I can go down . I can hardly report them to Trading Standards.


One final point I am aware that Torbay Council replied to a WHATDOTHEYNOREQUEST on 20.11.19 and said:


The main lease for Berry Head is dated 7 December 1999. The land used as the Berry Head car park has been under the control, management and occupation of Torbay Coast and Countryside Trust since this time and under a tenancy that has existed since that date.


CORRUPT LOT AT TORBAY COUNCIL AREN'T THEY !!!!:mad:

[Deleted User]

Further to my posting today at 08.00 a.m.

I have just received a letter from BW Legal stating they have discontinued the claim which is obviously a relief.

However, in order to defend the claim I have spent hours and hours researching/gathering evidence, preparing the defence and witness statement.

I was wondering if I would have a reasonable enough chance of asking the Court for Costs .

I would like to add the advice I have received on this site has been absolutely tremendous , you guys are doing a fantastic job .