Forbidding signs and pre existing rights

Coupon-mad

Trainerman said:

Hello @Grizebeck. It went in a very unexpected direction. I have to provide all of our evidence re rights under the Prescription Act and then claimant has a month to decide what to do. The rent-a-rep kept on about negotiation, so I am expecting an offer to settle.

If we do not settle, it will be back to Court early January. It just keeps dragging on, but the Judge did give claimant's rep things to think about , as in how would they be able to refute statements covering twenty and more years ago, so I suppose they might just smell the coffee and discontinue. I will come back and keep you all posted, unless old age gets me first !

I was told about this by  @ParkingMad and the more I think about it, the more I think the Judge might be being clever by narrowing the issues to the prescriptive easement point that basically OPS can't possibly refute.

I think rent-a-rep recognised this and that's why he was turning the subject to trying to make you all think you must offer settlement.

Smoke and mirrors to distract and worry you all when in fact the Judge is homing in on the key point that you have presumably evidenced with witness statements. Reading between the lines he doesn't want to look at the contract/breach side of things because your key point traps OPS between a rock and a hard place.

Be confident, please.  If you all feel you need help and OPS don't drop it during the 28 days then maybe @Grizebeck  could assist you at the hearing in January if he's available but I can't recall where you are in the country. Probably not Grizebeck's area.

I don't really lay rep any more as I have other things keeping me busy.  Other posters who might help include solicitor poster @troublemaker22 (ParkingMad knows how to contact him and so do I) or @bargepole who is legally trained and specialises in small claims.

Trainerman

Hello @Coupon-mad and thanks for the input.

It is interesting to hear the views of people who have experience and knowledge (  @Grizebeck and @ParkingMad have been helping too ). I had finally got around to wondering if that was what the Judge was playing at, and your comments do cement the idea, and make it seem very likely.

The problem I might yet face is if a low offer tempts my three stressed co-fighters. Unless they offer me something silly like £10 , I have already decided to fight on, even if I do end up on my own. "For evil to triumph etc etc ".

For the record, I live in Shropshire, which I think puts me too far away from the people you mention.

I will keep you all posted.

Grizebeck

The only time I go to near Shropshire is if visiting family or watching Hereford fc from time to time!

Coupon-mad

I am glad you are fighting on. One of you needs to, otherwise doesn't the regime stay, and you could all get more PCNs and so could visitors?

Another possibility is asking Jackson Yamba to appear for you at any hearing ... but I do think they will REALLY struggle to respond if you have signed statements from people proving 20+ years' vehicular usage.

Grizebeck

I don't think you need representation on this 
It's a concise issue and you know it better then most.

Trainerman

Coupon-mad said:

I am glad you are fighting on. One of you needs to, otherwise doesn't the regime stay, and you could all get more PCNs and so could visitors?

Another possibility is asking Jackson Yamba to appear for you at any hearing ... but I do think they will REALLY struggle to respond if you have signed statements from people proving 20+ years' vehicular usage.

That is one of the bizarre things about it. We are already parking as we once were, as we were offered an easement in the end without having to go to Court. That Deed of Easement is now in the queue at Land Registry awaiting registration.

It was probably rent-a-rep who said that of course it does not prove rights at the time of the tickets.

So Court and DCB Legal will be receiving (copies of) three affidavits sworn before a solicitor, 9 statements from others (all under statement of truth) and a number of photographs showing parking going back to 1983. They have already had most of this yet OPS still want to proceed.

I suppose they still hope to bully things their way. Well, guess what ??!!

Grizebeck

You can get it expediated quite easily, ill private message you if you need to know how to do, in a matter of days normally

Trainerman

"And now, the end is near ..." (trusting that the shade of Sinatra will permit a slight misquote).

I started this thread in 2021. Finally I can say we are nearing the end. As of today, all seven parking tickets have been discontinued (emailed notices already received)

We are parking as we used to. The space is a little reduced but not impossibly so. We have an easement in the queue for registration at Land Registry, so unless something goes wrong there, we should be on the last lap. ( yes, I always anticipate Sod's Law rearing its ugly head).

Thank you to this Forum and all the people who have helped. I particularly have to thank @ParkingMad , @Grizebeck and @Coupon-mad , but you have all been immense. 

Of course, I started lurking here and trying to help where I thought I could. I shall continue lurking and hopefully will have something to contribute.

Onwards and upwards.

Coupon-mad

Hooray!  You saw off more than one set of bullies. Glad we helped you and glad you are now helping others here.

Are you out of pocket for costs?  Or happy to end it here?

Trainerman

Coupon-mad said:

Hooray!  You saw off more than one set of bullies. Glad we helped you and glad you are now helping others here.

Are you out of pocket for costs?  Or happy to end it here?

We really spent very little (except time) on the PCNs, so pragmatically we will end it there.