Restrictive Covenants - parking on a local highway

SDLT_Geek

csgohan4 said:

the sad thing noone wins. You will probably pay for the other sides costs indirectly through the service charges

well done for getting back

According to paragraphs 25 and 26 of the Tribunal decision which OP shared the costs are not allowed to be recovered through the service charge.

csgohan4

SDLT_Geek said:

csgohan4 said:

the sad thing noone wins. You will probably pay for the other sides costs indirectly through the service charges

well done for getting back

According to paragraphs 25 and 26 of the Tribunal decision which OP shared the costs are not allowed to be recovered through the service charge.

I wouldn't put it past them to do it covertly, either though increased management costs etc

User_220321

csgohan4 said:

the sad thing noone wins. You will probably pay for the other sides costs indirectly through the service charges

well done for getting back

I know what you’re saying but the ruling says this isn’t possible. It was part of my request in the application.

HampshireH

User_220321 said:

csgohan4 said:

the sad thing noone wins. You will probably pay for the other sides costs indirectly through the service charges

well done for getting back

I know what you’re saying but the ruling says this isn’t possible. It was part of my request in the application.

Out of interest, the tribunal was against a company (the management company) which is funded solely by service charges.

How does the court expect the fees to be paid? No person is named liable for payment.

I totally understand the ruling and it's great.  A really good outcome and one all your neighbours should know about 

But there is still a bill to be paid....

User_220321

HampshireH said:

User_220321 said:

csgohan4 said:

the sad thing noone wins. You will probably pay for the other sides costs indirectly through the service charges

well done for getting back

I know what you’re saying but the ruling says this isn’t possible. It was part of my request in the application.

Out of interest, the tribunal was against a company (the management company) which is funded solely by service charges.

How does the court expect the fees to be paid? No person is named liable for payment.

I totally understand the ruling and it's great.  A really good outcome and one all your neighbours should know about 

But there is still a bill to be paid....

I understand what you’re saying but there is no bill. It’s the managing agent who has pursued this and their contact says they can charge admin fees for handling breaches of the lease. However,
 in this case, there was no breach of the lease. He wasted his own time and knew all along that this was the case - hence why he parked his own commercial vehicle on road too. The money this company makes is not solely from service charge, it is these admin fees of £165 per letter and £600 per house sale that in my opinion is where the money is made - they also take a fee for being the managing agent, secretary and bookkeeper. 

Sadly, there is no fee for the substantial amount of time I have spent going to these lengths when it should never have been necessary. 

HampshireH

User_220321 said:

HampshireH said:

User_220321 said:

csgohan4 said:

the sad thing noone wins. You will probably pay for the other sides costs indirectly through the service charges

well done for getting back

I know what you’re saying but the ruling says this isn’t possible. It was part of my request in the application.

Out of interest, the tribunal was against a company (the management company) which is funded solely by service charges.

How does the court expect the fees to be paid? No person is named liable for payment.

I totally understand the ruling and it's great.  A really good outcome and one all your neighbours should know about 

But there is still a bill to be paid....

I understand what you’re saying but there is no bill. It’s the managing agent who has pursued this and their contact says they can charge admin fees for handling breaches of the lease. However,
 in this case, there was no breach of the lease. He wasted his own time and knew all along that this was the case - hence why he parked his own commercial vehicle on road too. The money this company makes is not solely from service charge, it is these admin fees of £165 per letter and £600 per house sale that in my opinion is where the money is made - they also take a fee for being the managing agent, secretary and bookkeeper. 

Sadly, there is no fee for the substantial amount of time I have spent going to these lengths when it should never have been necessary. 

Sorry I meant just generally from you guys but yes I did assume that they had paid something to defend the claim. My mistake.

Either way I hope all your neighbours are made aware of his behaviour and the outcome

User_220321

Our actual costs were just the application fee because I did all the paperwork myself. If I charged the same admin fees that they do then it would be a counter claim of a couple of thousand pounds but it was never about the money - more about someone being made to act fairly and for the threats to stop etc.

Residents will be made aware to ensure they know exactly what has gone on. 

Thank you to everyone who taken the time to give their advice and opinions throughout this thread.

User_220321

Another update.
He has applied for permission to appeal the decision from the Tribunal.
He’s given lots of reasons which include the Judge’s knowledge of the law being wrong 🙈

Permission has been promptly refused due to ‘no realistic chance of success’. However, he may now apply for permission straight to the Upper Tribunal. When will someone accept they are wrong?!

bouicca21

User_220321 said:

Another update.
He has applied for permission to appeal the decision from the Tribunal.
He’s given lots of reasons which include the Judge’s knowledge of the law being wrong 🙈

Permission has been promptly refused due to ‘no realistic chance of success’. However, he may now apply for permission straight to the Upper Tribunal. When will someone accept they are wrong?!

TBH I half expected this, even though the rational part of my brain kept saying ‘surely, no one would be so daft’.

bbat

I guess its one of those situations where its been their belief for so so long that they are right, that even a judge saying they are wrong isnt enough to shake that.