Court form received help requested

Fruitcake

Just a comment about the scamlicitors not attending. All this means is that they don't send one of their own legals, but will be passing it to a sub-contractor solicitor local to the court.

Coupon-mad

Do the PCN ref numbers on that LBC match the PCN ref numbers on the original Claim form?  Just checking these are the same PCNs.

sadwithoutmynelson

Coupon-mad said:

Do the PCN ref numbers on that LBC match the PCN ref numbers on the original Claim form?  Just checking these are the same PCNs.

Yes they do. The same ones 

Snakes_Belly

What I cannot get my head around with this is that on the plans the parking spaces are shown as freehold land. Assuming (which needs proof) that the freehold land belongs to the defendant how can it possibly be classed as "relevant land"? It does not make sense unless I am missing something.  Could there be a covenant in place? 

ParkingMad

Fruitcake said:

Can you remember the judge's name? You should write down everything you can remember that they said to use at the next hearing, even if it is the same judge.
If the scamlicitors do not carry out the judge's instructions then you should complain to her/him reminding them what they said.
Also complain to the SRA quoting what the judge said, give his name, and the date/case number etcetera.

Was it District Judge Kelly?

sadwithoutmynelson

So I pay estate management charges for where I park my car even though the 2 spaces are part of my freehold house. Oppostie the spaces are spaces for the cars for flats who are leasehold so their argument is if I pay estate management fees I have to abide by their rules.  The parking scheme was put into place to stop others parking in peoples spots yet the only one that has ever been charged is me- for parking in my own spot for cars registered to me.

sadwithoutmynelson

ParkingMad said:

Fruitcake said:

Can you remember the judge's name? You should write down everything you can remember that they said to use at the next hearing, even if it is the same judge.
If the scamlicitors do not carry out the judge's instructions then you should complain to her/him reminding them what they said.
Also complain to the SRA quoting what the judge said, give his name, and the date/case number etcetera.

Was it District Judge Kelly?

That rings a bell vaguely.what made u say that name ? 

Snakes_Belly

sadwithoutmynelson said:

So I pay estate management charges for where I park my car even though the 2 spaces are part of my freehold house. Oppostie the spaces are spaces for the cars for flats who are leasehold so their argument is if I pay estate management fees I have to abide by their rules.  The parking scheme was put into place to stop others parking in peoples spots yet the only one that has ever been charged is me- for parking in my own spot for cars registered to me.

3.6 In order to enforce a parking ticket a landholder first has to be able to show that a contract to park existed between the driver and the landholder, and that the terms and conditions of that contract have been broken by the driver (see “How is a parking contract formed?”). POFA

You are the driver/keeper and the landowner. I cannot see how they can possibly sue you for parking on your own land. 

I suspect that these estate management charges are intended for the general upkeep of the car park and to create a sinking fund if the car park requires repair or repainting of the white lines. Or if there are some communal gardens etc.  Many new estates have these charges even on freehold properties in order to keep the estates tidy but it's surely not intended for suing the residents for parking on their own land.   

Snakes_Belly

Snakes_Belly said:

I suspect that these estate management charges are intended for the general upkeep of the car park and to create a sinking fund if the car park requires repair or repainting of the white lines. Or if there are some communal gardens etc.  Many new estates have these charges even on freehold properties in order to keep the estates tidy but it's surely not intended for suing the residents for parking on their own land.   

This has probably been created by a covenant at the time of the purchase of your house and I doubt that the management of the car park in relation to introducing a PPC was included at the time. 

There is also the question of the fact that this issue has affect your working relationship with your employer. That is a very serious matter.   

Snakes_Belly

https://www.land-registry-documents.co.uk/news-blog/covenantswhat-you-need-to-know-about/

Have you a copy of the covenant?

If the introduction of the PPC is recent then it is unlikely to be specifically mentioned in the covenant. My guess is that it will be to just cover general maintenance.