Claim Form Received - Case Struck Out - Remote Hearing

NeilCr

Chamonix are managing agents

I think you need to wait till you get more details of this vote. The lines you quoted sound as though they may be proposals so you need to be sure of the current state of play

If there was a vote it will be of owners so your landlord may well be aware of it. If the freehold is owned by the owners then the ManCo (the directors in particular) will have appointed Chamonix and should have sway with them!

HeavyEvy

And vote results were....drum roll please...


For: 33
Against: 25


Its a bit like BREXIT

KeithP

Doesn't the legislation say that in order to be carried there must be less than 10% objecting?

HeavyEvy

KeithP wrote: »

Doesn't the legislation say that in order to be carried there must be less than 10% objecting?

I wondered this as Coupon-mad suggested something for my defence.
This might just be the actual varying, so perhaps something after this process. I shall dig...

NeilCr

HeavyEvy wrote: »

And vote results were....drum roll please...


For: 33
Against: 25


Its a bit like BREXIT

What were they actually voting on? And who was voting?


As indicated in C-M's draft they don't look as though they fulfil the criteria -75% of parties must consent and not more than 10% must not object.

I must admit I'd be inclined to return to the landlord and see if they can put pressure on via the ManCo - assuming landowners own the freehold. The document that the landlord sent to you sounds like background information for the proposed vote

[Deleted User]

Soooo if those that voted were induced to vote in the affirmative in the readily understandable notion that no resident would be ticketed and that they could rely on the managing agent (MA) to rescind that gives three arguments that may "encourage" the MA to review their position.

1. I defer to others as to whether the vote is good enough (and indeed the lease may be critical on that)

2. If the MA contracted with a PPC holding themselves out as having powers to cancel that they do not, then they should indemnify residents for the losses associated with that negligence. In your case, the PCN.

3. Alternatively, they may be in breach of contract for failing to assist a resident with the recission of the PCN despite stating in writing that they would.

I'd agree that if the MA does have the power this is easier.

HeavyEvy

Hi Folks,


Thank you for all of the assistance so far. I have 10 days left and am just putting the fininshing touches to the defence ready to send on Monday.


I have been doing as much background reading as I have time to, most of the cases on the parking prankster website etc.


One of the cases I refer to, as suggested by CouponMad is case no. C7GF81FK in 2017, District Judge Britton at Aldershot & Farnham in UKCPM v Niven.


I've searched but I cannot find this case. Google search results suggest UKCPS vs Niven and while the images that come back are PPC related I still can;t find anything specific about this case.


Can anyone confirm is it UKCPM or UKCPS and possibly point me to more information?


Thank you.


In other news Chamonix Estates are utterly useless. First telling me residents spaces were not included, then saying they have the power to instruct PCNs incorrectly issued to residents are revoked, and then refusing to do so and simply telling me to speak to the PPC. I've had enough of dealing with them so will default to just fighting it in court if it ever gets that far.

HeavyEvy

Hi Folks,

Just a quick update for the records...

I have now received a notification from the court that the claim has been assigned to the small claims track with a court date and date by which I have to submit a copy of all documents I will rely on.

Although it doesn't explicitly say anything about the Witness Statement I assume I will be relying on it so have to submit the WS at the same time.

Heading into this with the absolute intention of winning the case, but even if I lose it will just be nice to have it all finished.

I'll get started on the witness statement and post a draft when its ready.

Le_Kirk

It means the Witness Statement (WS), evidence and costs schedule. Check the NEWBIE sticky post # 2 for guidance and some examples of style and format for WSs.

HeavyEvy

Hi Folks,

Just finishing my WS and starting on my Skeleton Argument. Should have them finished and posted by the weekend, work permiting. Still a little confused about getting the balance right between what goes in a WS and SA so went back to the newbies thread for some examples.

Found this...

"Here is a humdinger of a skeleton argument, with case law but all relevant, for a residential 'own space' case.."
https://forums.moneysavingexpert.com/discussion/5591251/proceedings-issued-ntk-invalid-gladstones-millennium-refusing-to-respond&page=6
Which then links to this...
https://www.dropbox.com/s/ybqnmy5v37ci3p1/SKELETON%20anonymised.docx?dl=0

I'd really like to read it, but the drop box link isn't working for me. Does it work for anyone else or does anyone know if its moved somewhere else?

Thanks