PCN while in GF's allocated parking bay - permit slipped off dashboard

zimbo_ouen

Coupon-mad said:

No-one has time to handle basic stuff like draft WS, I'm afraid.  We spend half our life on here as it is!

Check out the one by wobs2k and if yours looks like that bundle, then you are getting it right.

No I appreciate that CM, and was wondering if that was an option. I'll have a think about it and post it tomorrow if I do go ahead.

I did refer a lot to rickybalboa's WS as the basis of mine which you guys seemed to endorse so hopefully it should be OK. 

Thanks as always 🙂

Coupon-mad

Yes, wobs2k's WS was based on ricky's but posters have said wobs2k's is easy to read and follow what goes where, so it's a good double check.

Le_Kirk

zimbo_ouen said:

Have taken some time to try ensure my WS covers everything and think it's pretty much done now. However before I decide to post it here, should I not be worried that the claimant or their representation might get a good preview and then base their current statement on this?

You are duty bound to send it (serve) to the claimant and they are going to see it then; when is your deadline and what difference do you think it will make if they see it a few days beforehand?

zimbo_ouen

Deadline is next weekend (29th) - and guess I was worried about some actions they could take to rectify some of the things I'm going to raise in the WS but guess as long as I have photos of the situation previously it doesn't matter if they attempt to change anything now as it will be too late right?

I'm also wondering for a residents parking scenario like my case where there is primacy of contract for residents and their authorised visitors, is referencing the Beavis case and sign pictures still relevant? This isn't a parking space where a parking fee is present or a risk of overstay etc?

I believe when I am ready to send the WS, I send them to both the court email address specified and the claimant at the same time, is this correct?

Coupon-mad

Judges compare all parking cases to Beavis, so that sign is the benchmark.

Yes, send the WS, evidence, cover sheet/index and costs assessment in one email to both.the local court (not CCBC) and the claimant's solicitor.

Have you seen the recent example by wobs2k of how the bundle should look?

zimbo_ouen

Coupon-mad said:

Judges compare all parking cases to Beavis, so that sign is the benchmark.

Yes, send the WS, evidence, cover sheet/index and costs assessment in one email to both.the local court (not CCBC) and the claimant's solicitor.

Have you seen the recent example by wobs2k of how the bundle should look?

I do now have this to hand and am referencing against mine atm and will post my redacted draft once I am happy with it. Thanks CM!

zimbo_ouen

Hi all,

I think I'm happy with my WS and would love to know your thoughts:
https://www.dropbox.com/s/2qioz3zo5rh0iwt/Witness Statement and Exhibits - Redacted-XX.pdf?dl=0

I have done my best to ensure all sensitive and identifying info is redaction and please let me know if there is anything I need to change

Coupon-mad

That's good.  I think to improve your case:

1.  Can you collect signed and dated short WS from your girlfriend and also  the neighbours (with headings and a statement if truth, echoing your WS)?  She needs to confirm that is her current lease AND that you were and always are 'authorised' by her, (a leaseholder with title at this site) and you have the key fob access, AND that she never agreed to Link operating there, which is in breach of section 37 of the Landlord & Tenant Act.  The neighbours could confirm that they attended court in claim number xxxxxx and won (naming the Judge and providing their written judgment orders) and stating that none of them agreed to any charges to park, which would be interference with their leases.

2. Append and mention this recent judgment, which, whilst not a precedent, echoes the winning defence positions and spells out the relevance of s37 L&T Act, which equally applies against the scheme operating at this location too:

https://www.dropbox.com/s/scou8k818p2x3lo/Residential%20Judgment%20UKCPM.pdf?dl=0

3.  Add to #6 that you and your gf only ever displayed a permit as a courtesy, and not as tacit agreement to any terms that could possibly override a leaseholder's rights.  Also, given that she has a key fob and rights to decide which visitors can use it and park there, the Claimant was not offering you anything of value that you do not already enjoy (i.e. absence of consideration = no contract).

4.  You don't appear to have picked up further on the point from your defence (if you used the template from here) that there is no evidence of landowner authority.  Link appear to have conspired with another agent (non landholder) and their contract shows no evidence of a chain of authority flowing from the actual landowner.  Even if a managing agent thinks they can introduce 'reasonable' regulations, these cannot interfere with rights already in the leases of residents, nor impose additional onerous penalty charges, over and above the fixed management fees and ground rent.

Whilst the neighbours probably can't, your gf should attend your hearing with you, as a witness to confirm to the Judge that she's never been asked to vote or reach consensus on the required lease variation that would have possibly allowed this money-making scheme to ride roughshod over residents' leases.  Obviously, had she been asked she'd have refused because every resident has keyfobs and the site is gated and secure to prevent trespassers, so this scheme is just onerous and offers nothing except to ruin everyone's peaceful enjoyment of their property.

zimbo_ouen

Coupon-mad said:

That's good.  I think to improve your case:

1.  Can you collect signed and dated short WS from your girlfriend and also  the neighbours? She meeds to confirm that is her current lease AND that you were and always are 'authorised' by her, (a leaseholder with title at this site) and you have the key fob access, AND that she never agreed to Link operating there, which is in breach of section 37 of the Landlord & Tenant Act.  The neighbours could confirm that they attended court in claim number xxxxxx and won (naming the Judge and providing their written judgment orders) and stating that none of them agreed to any charges to park, which would be interference with their leases.

2. Append and mention this recent judgment, which, whilst not a precedent, echoes the winning defence positions and spells out the relevance of s37 L&T Act, which equally applies against the scheme operating at this location too:

https://www.dropbox.com/s/scou8k818p2x3lo/Residential%20Judgment%20UKCPM.pdf?dl=0

3.  Add to #6 that you and your gf only ever displayed a permit as a courtesy, and not as tacit agreement to any terms that could possibly override a leaseholder's rights.  Also, given that she has a key fob and rights to decide which visitors can use it and park there, the Claimant was not offering you anything of value that you do not already enjoy (i.e. absence of consideration = no contract).

4.  You don't appear to have picked up further on the point from your defence (if you used the template from here) that there is no evidence of landowner authority.  Link appear to have conspired with another agent (non landholder) and their contract shows no evidence of a chain of authority flowing from the actual landowner.  Even if a managing agent thinks they can introduce 'reasonable' regulations, these cannot interfere with rights already in the leases of residents, nor impose additional onerous penalty charges, over and above the fixed management fees and ground rent.

Thanks for reviewing CM

With regards to point 1, my gf is also going to be writing a witness statement and will confirm consent/authorisation to park, giving me the key fob and that this is her current lease and she will include her full signed lease in the WS bundle. She can also add what you have mentioned in point 3 to hers

Unsure if I can get something signed from the neighbours who have won this with this little time, but hopefully the one with the case reference attached would be good enough for a Judge to find and reference?

Thank you for the advice/info on point 2 also which I will add

With regards to point 4, I can add something to that affect in my main WS.

Thanks again for your help here and once updated I will update the link further up

zimbo_ouen

I have updated it a bit according to your advice CM and updated the link above but here it is again also:
https://www.dropbox.com/s/2qioz3zo5rh0iwt/Witness Statement and Exhibits - Redacted-XX.pdf?dl=0

Some orders have changed so it flows better for the judge and I forgot to reference some of the exhibits and now all are accounted for

My GF's WS and mine may have some overlap but she will certainly highlight and give evidence of the items you mentioned previously in point 1 above