Court form received help requested

sadwithoutmynelson

Do I now send them a response before the hearing? Or do I address these points at the hearing?.

Castle

KeithP said:

That is not a picture of a sign in the car park.

It is a computer generated mockup that Ms Morrison Gladstones have on file of what the sign might have looked like on the day that it left the factory.

Do you have you own pictures of the signs in the car park? Can you compare them?

And out of date as it refers to a £1.50 processing fee for Card payments, (banned in January 2018), and a 0845 number, (banned in June 2014).

Coupon-mad

Address these points at the hearing as you've already put in your WS & evidence.

sadwithoutmynelson

This the picture of the actual sign and the one they sent is below 

Were_Doomed

The actual sign doesn't mention the £1.50 processing fee, but is otherwise the same.

Doctrine of impossibility still applies - one cannot contract to do that which is forbidden. (e.g. if you park without showing a permit then you cannot engage a contract, as a contract is only offered to those who DO display a permit).

nosferatu1001

That isn't doctrine of impossibility - it's more it is a forbidding term. You're forbidden from parking unless you have a permit. If you're told not to do something, they have not made an offer. If they've not made an offer there cannot be a contract.  

Were_Doomed

I'll bow to your greater knowledge ... it sounds like the same thing to me.

sadwithoutmynelson

They sent this in the post today for the dates that are in court. Good to see they are saying residents in the area are paying within 28 days . If they say so 

Redx

More hamster bedding 😁😁

Snakes_Belly

sadwithoutmynelson said:

They sent this in the post today for the dates that are in court. Good to see they are saying residents in the area are paying within 28 days . If they say so 

They always say that most people pay.  I have attached a copy of DRP's web page (now taken down) showing that they operate on a no collection no fee basis so the PPC should not be adding on monies that they have not paid out in the first place.

Took a look at your thread yesterday and what a time you have had. I have had issues with covenants in relation to purchase of property and management fees. I also was quite interested in a property that had a similar parking arrangement to your own. New developments are built like this now as land gets scarcer. 

It looks very much as if your spaces are on freehold land. There may be something in place regarding the maintenance of the car park however I cannot see how they can sue you for any infringement on your own land. You are after all the landowner. 

IMHO for what it is worth as I am not legally trained I think that this will be too much for the PPC's reps to deal with. They will be out of their depth.  

Hopefully the case will go in your favour and that you will receive costs for unreasonable behaviour.

A win will be great as I understand that if this happens again that you would be able to use the doctrine of estoppel. You do not really want that to happen though so you need to establish your rights over the spaces once and for all. That will be important if you come to sell the property as you don't want these issues to arise again.  

I would also be of a mind to write to your MP and ask for the letter to be forward to the Rt. Hon. Robert Jenrick MP. His currently has the task of implementing the new parking CoP and is also Housing Minister so you could mention the issues with the PPC and the management company. 

Good luck anyway with this

Snakes