Allotment/ UKCPM Parking Defence

95Rollers

Make sure you include all the back and forth emails from the housing association regarding your fob access to allotment.  Have you backtracked through Google Street View for pictures of the site's signage before and after?

ehannahr

Thanks @95Rollers - I have looked through google's image history of the site but the area is in shadow and hasn't got enough detail. However I did use Google Earth imagery to show a clear plan of the site. 

I've  drafted my witness statement  based on  Ricky Balboa's one and would really appreciate comments.   I've removed the references to BPA Code of Practice as I do not think that the signage is part of my argument - but please advise if I'm wrong.

ehannahr

Hi Experts - this is a link to view my redacted witness statement draft.

https://drive.google.com/file/d/1060TlMyfpIZHC1eOcV9ouNQ3QHnmz93O/view?usp=sharing

I'd be very grateful for your thoughts and suggestions. NB there's a gap where the BPA Code of Practice was previously and the pagination is incorrect after that, but I will fix once I am certain of what should and shouldn't be included.

Many thanks in advance of your help. 

Coupon-mad

You should certainly aver that the signs were hidden and used very small text apart from the headline capitals (NO UNAUTHORISED PARKING?).  The point is, you were never 'unauthorised'.

But as UKCPM are not in the BPA AOS, you need to reference the signage rules in the IPC CoP version from the time of event.

Unclear/minuscule text signs and terms feature in every single defence case.  Although I agree that your evidence about this right to park will be key for your case:

UKCPM’s claim is baseless because we, the allotment holders, had a prior arrangement with Network Homes, the developers of the site, that 2 parking places would be allocated for our use only, and UKPCM failed to uphold this.
We were originally allocated the parking spaces in 2009 as part of the section 106 obligations that developers have towards local communities as they were building on an area which had previously provided direct access and free parking for the allotment holders.  

ehannahr

Thanks @Coupon-mad I shall look for IPC CoP rules and include a paragraph about the signage, along with a photo of the sign which I shall go and take now!

Fruitcake

This might be useful.

International Parking Community (theipc.info)

Coupon-mad

BTW your WS is great.

Add in as an exhibit, Sultana v Plustrade (the actual transcript linked in the article below) and explain how it is on all fours with your case:

https://swarb.co.uk/saeed-v-plustrade-ltd-ca-20-dec-2001/amp/

That case confirms the principle of derogation from grant.  A phrase you must use.

Held: (Sir Christopher Slade) ‘The lease in terms conferred upon the lessee ‘the right to park his private motor car’. The parties clearly contemplated that this was a right which would be capable of being exercised. As [counsel] pointed out on behalf of the claimant, the function of specifying a part of the retained property for parking purposes was equally clearly conferred upon the lessor for the purpose of giving effect of that right and not for the purpose of enabling him to extinguish it. The subject matter of the grant of a right to park was not on the true construction of paragraph 7 of the second schedule to the lease a right wholly determinable at the whim of the lessor.’

Fruitcake

If/when you have the claimant's WS, please post it here as well. Only redact personal data, but leave anything that is already in the public domain.

1505grandad

"10. In 2019, the claimant - newly named/merged UKPCM -...."  -  check you have correct initials in WS.

Also the title of the discussion is confusing.

ehannahr

Yes sorry @1505grandad it should be UKCPM - it's a typo I must stop making!