HELP! Have I missed defence submission date (COVID-19!) -

Redx

Elms have form for this , read other threads regarding the same topic and use this as evidence at the exhibits stage to show unreasonable behaviour , you are not the first and won't be the last

Reading other threads will open your mind , as it does with the volunteers on here

growbag

Update. This case rumbles on. CC date now set. The judge has ordered VCS to put in a notice of (part) discontinuance for the additional charges of £60 (£100+£60) as failure to do so would constitute an abuse of process. They have now done this. My defense - in part - rests on the leasehold terms which - although this does state that the lessee should only park in the 'demised parking space' (I could not do this because another vehicle was parked in my spot when the PCN was issued - frustration of contract?) does not say anything about allowing any other party appointed by the management company to apply charges of any kind (VCS in my case). Does anyone know of a defense on these grounds that has previously been used (and been successful)?  

BrownTrout

growbag said:

Update. This case rumbles on. CC date now set. The judge has ordered VCS to put in a notice of (part) discontinuance for the additional charges of £60 (£100+£60) as failure to do so would constitute an abuse of process. They have now done this. My defense - in part - rests on the leasehold terms which - although this does state that the lessee should only park in the 'demised parking space' (I could not do this because another vehicle was parked in my spot when the PCN was issued - frustration of contract?) does not say anything about allowing any other party appointed by the management company to apply charges of any kind (VCS in my case). Does anyone know of a defense on these grounds that has previously been used (and been successful)?  

not seen that one done before

Coupon-mad

growbag said:

Update. This case rumbles on. CC date now set. The judge has ordered VCS to put in a notice of (part) discontinuance for the additional charges of £60 (£100+£60) as failure to do so would constitute an abuse of process. They have now done this. My defense - in part - rests on the leasehold terms which - although this does state that the lessee should only park in the 'demised parking space' (I could not do this because another vehicle was parked in my spot when the PCN was issued - frustration of contract?) does not say anything about allowing any other party appointed by the management company to apply charges of any kind (VCS in my case). Does anyone know of a defense on these grounds that has previously been used (and been successful)?  

Yes, read the thread by Lamilad about the McCarthy appeal a few weeks ago, that was won in Leeds.

I have also never seen a Judge require that a PPC drop the £60 up front - which court is this?

growbag

Thanks I will take a look at the Lamilad thread. Caernarfon County Court. 

growbag

Just read the thread. Great result by Lamilad. Slightly different situation on my reading to my case (which may be of interest to other residential cases also) - which comes down to whether the lease grants legal authority for the management company or anyone they appoint (VCS) to levy charges. There is no mention in the lease of this (on my reading) and no variation on the leasehold agreement. Despite my repeated requests to the management company I have not been sent a copy of any contract between themselves and VCS over their operation of the parking area - which puts me at a disadvantage. The other issue is that the parking signage posted by the MC in the buildings contradicts the signage put up by VCS in the parking area (the latter has additional restrictions not mentioned in the former) - which might carry some weight. 

Edit. One further point that may be of interest to others. I had earlier received a  threatening letter from VCS claiming that a CCJ had been issued against me - which, of course, was false. More bullying tactics. I sent a copy to the court in my WS pack. They have - to date, still not retracted that letter or sent an apology for the erroneous communication. I hope the court will take a dim view of their business practice.  

Le_Kirk

If VCS are employed to "manage" the car park, they are not doing a very good job, as evidenced by the very fact that they allowed someone to park in "your" space.  In my opinion they have brought his upon themselves and should not be penalising you!

nosferatu1001

Absolutely - and point out exactly what you, as a leasholder, gains from their alleged "management"? They didnt prevent anyone parking in your spot, they didnt do anything about it at all - and in fact you lose by them being there, they gain!

growbag

I guess though it will come down to the legality - in this case, whether the leasehold agreements permit the management company to enter into a contract with VCS to 'manage' the parking area and impose arbitrary fines that are not already detailed in the lease. On my reading of the lease (a) the Management Company can contract out services but (b) there is no provision to impose additional charges/fines/restrictions - and (c) there is no variation on the lease which would require 75% leaseholder approval. Would still be interested if anyone knows of a successful defence on these grounds that has previously been used - the Lamilad thread case it slightly different (revolves around demised parking area rather than any legal authority granted in the lease to a service provider imposing charges).

Le_Kirk

There are quite a few "own space" cases on the forum; there are even a couple of defence examples for the same in the NEWBIE sticky second post.