Link Parking / BW Legal - OWN residential parking bay

Coupon-mad

Are you an admitted driver then?  How come they are sending letters to you, not the keeper, did they transfer liability or did you do a knee-jerk early appeal as driver?

eagle5

We transferred liability - and the appeal thing too, ignorantly   

D_P_Dance

• Read through my leasehold agreement and have proof of ownership of bay

Have you read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Have you considered a counter-claim?

eagle5

D_P_Dance said:

• Read through my leasehold agreement and have proof of ownership of bay

Have you read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Have you considered a counter-claim?

Yes we have all the proof and sticking to the lease and I have read all the suggested threads too.
I started looking into the counterclaim at the weekend and it is massively dragging out my defence submission because I am so clueless, I feel like it will weaken my case. Waiting to see if another poster responds to my request for wording support but otherwise I am shifting from my focus of submitting a defence!

D_P_Dance

You can always lodge a claim once this one has been judged.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

eagle5

Hi all, can I post my defence on here to be reviewed? I have decided not to do the counterclaim so it is just the defence using the guides available on this forum. 

beamerguy

eagle5 said:

Hi all, can I post my defence on here to be reviewed? I have decided not to do the counterclaim so it is just the defence using the guides available on this forum. 

Not too sure what you want from this forum ...... you can go it alone but your chances of winning becomes limited.   You do understand that this forum zaps these scammers every day.

Choice is yours, it's not our money .... it's yours ?  

Fruitcake

Yes, please post your paragraphs 2 and 3 of the amended defence template for us to look at and comment upon.

eagle5

The facts as known to the Defendant:

2.         It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is admitted that the Defendant is the Lessee to Plot **** which is inclusive of one allocated parking space.

3.         Under the terms of the Defendant's lease, a number of references are made to conditions of parking motor vehicles. ‘Allocated Parking Space’ is defined as ‘means the parking space shown edged yellow and hatched blue and numbered **** on the Plan and being one of the Car Parking Spaces’

In Schedule Four, para 17, the Lessee agrees ‘Not to use the Allocated Parking Space otherwise than for the parking of a single private motor vehicle or motor cycle which does not exceed 35 cwt. gross laden weight and which shall be in a road worthy condition, taxed and insured.’. At para. 16 the Lessee agrees to only park in the ‘Allocated Space’ and at para.18 the Lessee agrees ‘Not to park on the Allocated Parking Space or on any part of the Estate any commercial vehicle other than a light delivery van at reasonable times during the day for so long as may be reasonably necessary’, in Schedule nine, para. 5 grants rights to the Lessee ‘to park a single motor vehicle on the Allocated Parking Space or such other space as may be allocated in place thereof by the Landlord for the parking of a private motor vehicle or motor cycle which complies with the restrictions set out in paragraphs 17 and 18 of Schedule 4’

 3.1. There are no terms within the lease requiring lessees to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same.

 

3.2. The Defendant, at all material times, parked in accordance with the terms granted by the lease. The erection of the Claimant's signage, and the purported contractual terms conveyed therein, are incapable of binding the Defendant in any way, and their existence does not constitute a legally valid variation of the terms of the lease. Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct.

Fruitcake

You should remove the sub paragraph numbers. Make it all part of paragraph 3.

You could put this, "The defendant's lease states" in front of "In Schedule Four ..."

You could add a separate paragraph 4 (and renumber subsequent paragraphs) that a leaseholder's lease cannot be varied unless a ballot of all landlords and leaseholders has taken place in accordance with Section 37 of the Landlord and Tenant Act 1987, and a majority have voted in favour, with the maximum number of votes against not exceeded been carried out, as defined by the Act, (the law).
Since no such ballot has been carried out, no such variation of lease can be legally enforced upon the defendant or any other leaseholder.

You and all other residents/leaseholders/landlords should be giving the MA or who ever employed the PPC a damned good hammering about this breach of your existing rights.
Your lease has primacy of contract over anything an unregulated parking company, referred to as rogues, scammers, and bloodsuckers by UK MPs across all parties, that was not a party to your lease has to say.

Your lease will probably mention your right to peaceful enjoyment, so you should mention that as it has also been breached.