Bw Legal win in court today 31/01/2020

bargepole

The_Deep wrote: »

Indeed, but what is your opinion in this case? I would certainly take a punt.

Without knowing all the facts, and seeing all the evidence, particularly the wording of the lease, I wouldn't want to venture an opinion.

The majority, but not all, of these residential cases will be winnable on primacy of contract, but I have seen some leases in which the Management Company are joined as a party, and authorised to introduce additional terms.

Redx

FrankCannon wrote: »

Could we crowd-fund an appeal if the experts on here think there are good grounds for it and a fair chance of success ?

Did that last year for Boston or Lincoln hospitals or trust

https://www.crowdfunder.co.uk/car-park-charge-defence-fund-#start

What happened with that one regarding Tito and his sc@mbaggers TPS??

Coupon-mad

I seem to recall that Tito cancelled most of them. Bargepole may be able to add more detail.

FrankCannon

The Deep, would that be Hai Karate or Brut you are wearing this evening ?

bargepole

Redx wrote: »

Did that last year for Boston or Lincoln hospitals or trust

https://www.crowdfunder.co.uk/car-park-charge-defence-fund-#start

What happened with that one regarding Tito and his sc@mbaggers TPS??

We lost the test case. Despite the fact that the letter enclosing the permit, and the signage, referred to the Trust's terms and conditions, the Judge ruled that TPS were entitled to sue for breach.

The D in that case decided he'd had enough, and didn't want to take it to appeal.

beamerguy

Redx wrote: »

Did that last year for Boston or Lincoln hospitals or trust

https://www.crowdfunder.co.uk/car-park-charge-defence-fund-#start

What happened with that one regarding Tito and his sc@mbaggers TPS??

I did that last year, now only just read it failed.

Crowdfunding can only work if those who chipped in are kept up to date ..... it's now a no go for me

Coupon-mad

bargepole wrote: »

We lost the test case. Despite the fact that the letter enclosing the permit, and the signage, referred to the Trust's terms and conditions, the Judge ruled that TPS were entitled to sue for breach.

The D in that case decided he'd had enough, and didn't want to take it to appeal.

Oh yes, how could I forget that one?! Was it a Henry Mainwaring special?

Redx

Makes you think twice about crowdfunding cases when defendants don't stick with the plan , makes a mockery of those like me that chipped in

I chipped into Beavis , the Cardiff UHW staff and the Boston tea party

Before chipping in again I would want guarantees that the defendants would stick with it to the bitter end , especially a test case

Disappointed

Snakes_Belly

What I am taking from this is that if a management company wants to introduce parking controls to nip it in the bud if you can.

Quite a number of builders are now building estates where even houses with four bedrooms have allocated parking spaces. You can have a scenario where the house is freehold and the parking spaces are leasehold. This will be an ongoing issue unless the new CoP covers this issue.

Half_way

As mentioned before, to see if its worth appealing everyting will need to be known, exact wording of the lease/rental, dates of when so called parking controls were introduced, how it was introduced and so on.

Ultimately the ball is in the Origianl posters court, and its up to them to decide on how to proceed, it would be usueful to pick this mess apart as it would help others ini the same situation.
As it is the clock is ticking down on when a payment or appeal submission must be made .


As for new build estates, quite a few of them arent even having the internal roads adopted by the local council ( either not upto spec or just not bothering) which will do noting but create a whole mutitude of issues furhter down the line (PPC's being just onee of those problems)