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County Court phone hearing adjourned due to court not having my defence or witness statement on file

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  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 July 2020 at 10:34AM
    Yes, include the relevant parts of the lease. Specifically you want anything that says you have the right to park a vehicle and where, as well as the rights to quiet enjoyment. If there is mention that a managing agent or similar can make reasonable changes to the lease for the efficient running of the site, include that but add a comment that penalising a genuine resident is not a reasonable change.

    If in doubt, include the whole lease but put a highlighter through the parts you want to mention. Alternatively you can refer to the relevant parts by saying, paragraph X gives me the right to park a vehicle, para Y gives me the right to quiet enjoyment. 
    Emphasise that nowhere does the lease show anything about permits, PCNs, and court claims. You only showed a permit (if you did) as a curtesy to the parking attendant, not as an admission that you agree to pay anything to a third party that has no involvement with your tenancy or right to park.

    Mention primacy of contract, which means your lease has priority over anything that a third party says. Nobody can come along afterwards and change your existing rights.


    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • dannyboy138
    dannyboy138 Posts: 17 Forumite
    10 Posts Name Dropper
    The tennency agreement has nothing at all about parking. Apart from one little bit which I have highlighted and will attach to this post. But its about parking boats and commercial vehicles in a communal car park. should I send the whole agreement and state in my witness statement what fruitcake has said in the post above.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 July 2020 at 4:46PM
    It depends on how long the whole agreement is and whether there is anything you don't want the scammers to see such as how much you pay.
    Does the agreement mention your right to quiet enjoyment or similar? There usually is.
    You could send just the relevant parts, or the whole thing if there is nothing of a personal or private nature you don't want the scammers to see.

    Looking at 2.49, I would say the scammers are the ones causing a nuisance and of an anti-social behaviour.


    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • dannyboy138
    dannyboy138 Posts: 17 Forumite
    10 Posts Name Dropper
    Its roughly 15 pages. The only bit what comes close to what you said is under the landlords obligations. I will attach it to this. but thats for the landlord to the tenant 
  • Coupon-mad
    Coupon-mad Posts: 152,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Looks good and as expected - you have a right to peaceful enjoyment of the premises and only boats, caravans and commercial vehicles are restricted from being parked in the communal car park.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I'm gonna put the whole lease in as evidence, with the two highlighted paragraphs. 
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'm gonna put the whole lease in as evidence, with the two highlighted paragraphs. 
    I think that's probably the best way to do it.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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