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Claim Form, 2 contract breaches, own parking space, no permit displayed, Link Parking
Comments
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Great result and excellent court report, well done. Enjoy a couple tonight! 🥂Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street1 -
Correct, the BW Legal rep started packing his stuff thinking that's it. Then I asked if I can add something that may help resolve the dispute and puled out claiman's own evidence - which was an agreement between the MA and Link.Le_Kirk said:Good for you! Do I understand that it was a preliminary hearing that first of all the judge said he would pass the findings on to the next hearing and then said the case was struck out?5 -
Elo88 said:
Correct, the BW Legal rep started packing his stuff thinking that's it. Then I asked if I can add something that may help resolve the dispute and puled out claiman's own evidence - which was an agreement between the MA and Link.Le_Kirk said:Good for you! Do I understand that it was a preliminary hearing that first of all the judge said he would pass the findings on to the next hearing and then said the case was struck out?Brilliant! WELL DONE.
Hoist by their own petard!
In case they address the 'missing block/area' by updating their landowner agreement & map this year, I recommend that you immediately write to the MA stating that you have won in court (explain concisely) and that you refuse to agree to the risk of being charged £36.5k per annum to an ex-clamper third party.This is clearly unreasonable and interferes with your lease rights, so the purpose of this letter is to refuse for your demised bay to be bound by the needless money-grabbing 'permit scheme'. You will not be displaying a permit and no parking firm or agent can set foot in your bay nor touch cars in your bay, which is opted out and was never opted in.Landlord and Tenant Act 1987 (legislation.gov.uk)
If the MA intends to extend the agreement for this rip-off scheme to include a right for Link to charge residents in your block, this is a formal objection.
Regulations must be reasonable in accordance with the Consumer Rights Act 2015, and only implemented if agreed following a ballot of all leaseholders and landlords in accordance with Part IV, Section 37, Application by majority of parties for variation of leases, of the Landlord and Tenant Act 1987.
(That last bit as posted by @Fruitcake on your thread last year).PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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