Court form received help requested

sadwithoutmynelson

Snakes_Belly said:

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.   

Thats correct. There wss no permit system when I purchased the house over 5 years ago. This came into play about 2 years ago when we had a repeat of random people parking in our spaces and also the anti social activity that came with it. Did the system stop anyone parking in my spaces ? No not at all. As soon as my car moves someone parks there. Only I get ticketed. 

Yes it did affect my relationship with my employer as hr were pushing for the charges to be paid and were holding me responsible and wanted to take the money directly out of my account and i had to battle to stop yhsi happening. It was embarrassing especially when I am highliy regarded in my company and it painted  a negative reflection on me . 

sadwithoutmynelson

I dony have a copy but belive it's to clean the car park and the plants and drains and there were originally gates there etc there.  

Snakes_Belly

sadwithoutmynelson said:

I don't have a copy but believe it's to clean the car park and the plants and drains and there were originally gates there etc there.  

Deed of Transfer

"A legal document called a deed of transfer is given on the purchase of the freehold property to the new owner. Essentially, it binds the freeholder to pay the charges. The transfer should clearly state:

• What the freeholder is expected to contribute towards
• The proportion of costs they should pay
• Dates on which payment is due

If you cannot find your deed of transfer, you may obtain a copy from the Land Registry for a small fee. This will enable you to check your obligations."

It would be useful to find out what the deed of transfer says that you are contributing towards.  My guess is that it is just for maintenance and not control of the car park. These schemes are a nightmare and it will be useful for you to be clear as to where you stand with this for the court case and for future reference.    

Coupon-mad

Do you know what, I'd be tempted to let the LBC lead to a claim being filed, then defend and counterclaim for a few hundred for harassment because what they are doing to you is inexcusable harassment. You have a case to counterclaim. 

sadwithoutmynelson

The ccj was removed in the previous to the last hearing. The last hearing last week was a mediation type with the judge but because she didn't have access to any of the paperwork at all, she couldn't do anything except defer it to another hearing.  

Coupon-mad

OK, so I've been looking back over your thread and everything you've been through is terrible.  I really hope that Gs file that new claim, because that will open the door for you to defend and counterclaim.   

Remind us, was the Claimant ordered to pay back your £255 or are you currently out of pocket by that, plus costs for attending hearings(?).

Snakes_Belly

I agree with CM regarding the counterclaim because there are so many issues involved. I don't want to add to the woes but the parking issue may cause problems if you sell the property as you have to declare any issues that you have. It might put a buyer off. If the matter is resolved you would not need to declare it.

I would check out the covenant though. It may be a useful document for your case and may help the judge to drill down.  

ParkingMad

sadwithoutmynelson said:

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 ? 

Looking on CourtServe, it was the only UKCPM hearing at Birmingham County Court on that date. 

sadwithoutmynelson

Coupon-mad said:

OK, so I've been looking back over your thread and everything you've been through is terrible.  I really hope that Gs file that new claim, because that will open the door for you to defend and counterclaim.   

Remind us, was the Claimant ordered to pay back your £255 or are you currently out of pocket by that, plus costs for attending hearings(?).

Yes currently still out of pocket for costs and set aside fee...

sadwithoutmynelson

ParkingMad said:

sadwithoutmynelson said:

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 ? 

Looking on CourtServe, it was the only UKCPM hearing at Birmingham County Court on that date. 

Thank you so much! I will add that to my notes.