Court form received help requested

Snakes_Belly

Fruitcake said:

sadwithoutmynelson said:

Ok I will write up a witness statement. 

With regards to the management company,  I have out emails in my bundle that showed a repeated attempt to stop them managing my freehold spaces but they kept saying they don't belong to me . 

If the Land Registry entry shows your name against the parking spaces then they belong to you. If it shows them as leaseholder spaces then you own the right to use them but do not own the land upon which they sit.
If you own them then you have exclusive rights to do and not do whatever you wish with them. If you lease them then the terms of your lease will apply, which cannot be changed without a ballot of all leaseholders and the landlord, and a majority in favour of the change must prevail in accordance with S37 of the Landlord and Tenant Act 1987.

The plan from the conveyance shows the parking spots as freehold land. I think that they were not included in the ballot because they were freeholders. ,

Uptown_Boy

Excellent. In which case @nosferatu1001's advice is a good approach to take ... the MC has no authority over a freeholder's land.

Snakes_Belly

This is just a thought. I understand that the information that you have regarding the freehold parking spaces for your property is marked out on a plan that formed part of the conveyance. 

It may be advisable to obtain a copy from the Land Registry of the parking spaces and your neighbour's parking spaces. There is a special type that is required for the court. I would think that this type is for land disputes over boundaries which may be helpful to you. This issue does have shades of a boundary dispute as they are saying that you do not own the land.

It's possible that when the case goes back to court the judge may ask for this and adjourn again.

 You could always telephone the Land Registry and have a word with them.

 If it was me I would want to settle this once and for all.

sadwithoutmynelson

Yes I have a copy of the map from land registry from the covenant. I will contact land registry to see if I can get anything clearer. Thankyou

D_P_Dance

Have you read Davey v UKPC?

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Snakes_Belly

https://www.gov.uk/get-information-about-property-and-land/search-the-register

I think that you may need an official copy but have a word with them. There are other sites that offer to obtain Land Registry details but they are more expensive. The Government site is the official website.

With that information together with a WS from your neighbour and evidence that they are the freeholder I think you will have a very strong case.

They may say that the covenant states that the MC can maintain the car park but that does not mean engaging a PPC and suing residents on their own land. 

sadwithoutmynelson

Thankyou. Yes I have read Davey vs UKPC. Fascinating case any day help me. I will write up a witness statement today for my neighbour as he has 0 issues with me parking over the lines as he has no cars and feels more secure that it appears someone’s at home with my car there, as he works out of town most days of the week and only really returns on weekends. I it’ll also apply for an official land registry copy today. Thankyou very much everyone. 

I am returning my company car end of this week as I am getting my own. Wish I could share to them that with the return of the car, the charges issue is no longer a problem. Just hanging over me at head office. Really hate it. But it is what it is I guess. 

sadwithoutmynelson

I had a court form through and was hoping the claimant wouldn’t pay the trial fee so all this would be over but seems like they did. I have now received court process forms for an online hearing. I have added the photos of all these forms below. I had already previously sent the bundle in last year but seems I need to do it again alongside the remote hearing forms. Can someone advise how I should do these ? Also my new bough has provided a statement which declares as a freeholder he has always been happy if I park in his spaces. We have been neighbours since these properties have been built. Please could you advise if it looks ok and my next steps ? The hearing will be in a few weeks. 
.

sadwithoutmynelson

These are all the letters 

Le_Kirk

Your bundle is everything that you have already supplied to the court, i.e. Defence (via CCBC), witness statement, evidence and summary costs assessment.  Does it say on the letter anywhere that you have to liaise with the claimant?  (Sorry too small to read), in which case that is what you do and agree who is sending what.  MOST times it states that the claimant must put the bundle together; in that case just be very wary of what they propose to send and make sure it is EXACTLY what you have already sent to the claimant.  If you find you have to do it, you can send it by email and there should be an e-mail address on the letter somewhere.