Link Parking / BW Legal - OWN residential parking bay

eagle5

Thank you @Fruitcake, kindly appreciated.
RE: separate para, I have used the following - 
4.         The Claimant, or Managing Agent, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, pursuant to Section 37 of the Landlord & Tenant Act 1987, and the Defendant is unaware of any such vote having been passed by the residents. 

I have now added 'Since no such ballot has been carried out, no such variation of lease can be legally enforced upon the defendant or any other leaseholder.' 

eagle5

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.

Apologies I missed this part - my lease does not mention I have a right to peaceful enjoyment, however it does mention parking specific items that I have added in and mentions nothing of displaying permits etc. In fact, it states to only park in the allocated space and no other space.

Fruitcake

eagle5 said:

Thank you @Fruitcake, kindly appreciated.
RE: separate para, I have used the following - 
4.         The Claimant, or Managing Agent, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, pursuant to Section 37 of the Landlord & Tenant Act 1987, and the Defendant is unaware of any such vote having been passed by the residents. 

I have now added '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 need to add that there is a maximum number of dissenters to the ballot permitted according to the Act, which I believe is 10%, has not been exceeded.

Then replace, "and the Defendant is unaware of any such vote having been passed by the residents" with, "no such ballot has been carried out", therefore no variation of lease can have been lawfully permitted, or words to than effect. 

eagle5

Fruitcake said:

eagle5 said:

Thank you @Fruitcake, kindly appreciated.
RE: separate para, I have used the following - 
4.         The Claimant, or Managing Agent, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, pursuant to Section 37 of the Landlord & Tenant Act 1987, and the Defendant is unaware of any such vote having been passed by the residents. 

I have now added '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 need to add that there is a maximum number of dissenters to the ballot permitted according to the Act, which I believe is 10%, has not been exceeded.

Then replace, "and the Defendant is unaware of any such vote having been passed by the residents" with, "no such ballot has been carried out", therefore no variation of lease can have been lawfully permitted, or words to than effect. 

Great, thank you - I have edited the para to this - 

4.         The Claimant, or Managing Agent, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, pursuant to Section 37 of the Landlord & Tenant Act 1987. There is a maximum number of dissenters to the ballot permitted according to the Act, which is 10%, which has not been exceeded and no such ballot has been carried out therefore, no such variation of lease can be legally enforced upon the defendant or any other leaseholder.

I looked up the Act and '10%' is correct, should I keep 'which I believe is 10%' or is the wording above okay? TIA 

Coupon-mad

Which has not been exceeded?

eagle5

Coupon-mad said:

Which has not been exceeded?

Thanks - removed!

eagle5

Hello @KeithP,

I hope you are well. I am about to submit my N180 which I filled out after submitting defence but I cannot find the post where you detail how to send. Can you please help with the following - 

1. Do I follow on from defence email or create a new email?
2. Do I send separately to solicitor or copy into same email to CCBCAQ?

Many thanks in advance 

Le_Kirk

If you have been following instructions (either from @KeithP or via the NEWBIE sticky or the standard defence template) you will know to use the same e-mail address that you used for your defence.

eagle5

Le_Kirk said:

If you have been following instructions (either from @KeithP or via the NEWBIE sticky or the standard defence template) you will know to use the same e-mail address that you used for your defence.

Is it not clear that I have not questioned which email address to use... 

Le_Kirk

eagle5 said:

Le_Kirk said:

If you have been following instructions (either from @KeithP or via the NEWBIE sticky or the standard defence template) you will know to use the same e-mail address that you used for your defence.

Is it not clear that I have not questioned which email address to use... 

Missed your point 2, best to send one e-mail to both recipients then solicitor will find it hard to claim that they didn't receive (or you didn't send) it to them.  If I misunderstood your first point, apologies.  I've read it again and I would say start a new e-mail with recipients as CCBCAQ@Justice.gov.uk and @solicitor.