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Residential PCN help please - ***I WON***
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What keywords have you used in the forum searches have you undertaken? Have you tried using similar keywords in Google as sometimes that searches the forum better than the MSE search engine.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street4 -
do these development regulations specifically mention partying, or just a catch all along the lines of introduce reasonable measures/rules for the smooth running of the estate?
theres an important difference between the twoFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"3 -
Thankyou both, I've found it.
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amateurgirl said:Thankyou both, I've found it.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street4 -
You're right Umkomaas. Here's the link:.
https://forums.moneysavingexpert.com/discussion/6136650/fined-for-parking-in-own-leashold-space/p1
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Such regulations have t be to the benefit of occupants.
As the introduction of these companies can make letting more difficult, and decrease resale values, it would be very difficult for a landlord to argue that they are reasonable imo.You never know how far you can go until you go too far.4 -
amateurgirl said:You're right Umkomaas. Here's the link:.
https://forums.moneysavingexpert.com/discussion/6136650/fined-for-parking-in-own-leashold-space/p1Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street3 -
Hello all
Please would you let me know what you think of my putting the following paragraph in my WS? I don't think I'm making legal argument, just quoting a few cases."Predictably, and inevitably, they rolled out the ‘Development Regulations’ argument, the stock argument that Private Parking Companies routinely use to ‘support’ their cases. Essentially, this argument cites a clause found in most residential leases, as the authority which allows Management Companies the right to introduce parking controls on the residential estates they manage.
However, using this argument ignores the doctrines of Primacy of Contract, enshrined in a number of judgements, namely in Jopson v Homeguard Services Ltd, Link Parking Ltd v Parkinson and Pace Recovery and Storage v Mr N and the doctrines of Derogation from Grant enshrined in the judgements of William Hill (Southern) Ltd v Cabras Ltd and Saeed v Plustrade, which found, respectively, that a management company could not unilaterally vary the lease, and override a residents right to park by requiring a permit to park, and that doing so would, quote, “take away with the other hand, that which has already been granted by the one hand, in the dispositive provisions of the lease”.
If I can't put this in, can you suggest something I can use to demolish the Devt Regs argument?
Thanks all .1 -
I can't see why you cannot state that.
I would add somewhere in there that the lease clause only allows 'reasonable adjustments to benefit the smooth running of the estate' - if that's what the lease says - and allowing residents to be harassed and sued is not a 'reasonable adjustment'.6 -
The key is REASONABLE
it isn't reasonable to take away your right to park and replace it with the need to enter a new contract that only gives you what you had before, and charges you a new sum if any slight mistake is made. That's not reasonable and far far beyond what they have the power to do.
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