Landowner Responsibility / Parking Company

Tron103

@Coupon-mad given I have three separate fines, is it likely that I’ll have to have three separate court hearings? And can I use the same defence/WS for each? 

D_P_Dance

If these are from private companies the are not and cannot be fines.

Tron103

@D_P_Dance I know… I keep getting lazy and using the wrong language *hangs head in shame* 

The question still stands though? Am I likely to get three separate court hearings? 

I’m so determined not to pay but I can see how these companies break people down. It feels a bit overwhelming. I need to write to my MP this weekend. 

D_P_Dance

If you use the wrong terms in court it is likely to disadvantage you.  In such matters 100% accuracy is a sine qua non.  

Tron103

This is good to know. Adds to my reading needs but good to know.

Jenni_D

As to your question ... you should get a single claim for all outstanding PCNs. IF they tried separate claims then you could object on the basis that a claimant should bring their entire claim in one go (there's a Latin term for this that I can't remember), thus you could request that the subsequent claims are struck out (on the basis of that Latin term, which I'm sure someone will remind me what it is).

Le_Kirk

It is as in henderson v henderson res judicata

Half_way

What are/ were the exact terms of the lease that allowed you to use the space?
Ignore what why permit said, or any signs, what have you the right to use the space?

Jenni_D

Le_Kirk said:

It is as in henderson v henderson res judicata

That wasn't the term I was thinking of though 🤔

Edit: estoppel is the word I was thinking of, but I know there's a longer phrase for it. (Cause of action estoppel? i.e. the subsequent claims should be estopped?)

Tron103

@Half_way the lease states:

7. If the expression "the Parking Space" is defined in clause 1 of this Lease (but only if it is so defined):
(a) the right to park one private motor car (or one private motor bike) in the Parking Space provided that in the event that the Parking Space is one of multiple spaces created by a parking stacker system then the right shall be to park one private motor car in one of the spaces created by the parking stacker system. 

The expression "Parking Space" is defined in clause 1 of the Lease. It isn't mentioned in my tenancy but I was given a specific space to park in by the Estate Agent and the space is outlined in the Lease as the 'Property Plot'. We were parked in the space defined within the Lease.

The Lease does however state "in the event that "Parking Space" is defined to comply with all reasonable regulations which the Landlord may from time to time make and publish in respect to the use of car parking spaces within the Parking Area

There is also a specific covenant in relation to the parking space which states;
(a) to keep neat and tidy and in particular not to carry out any works or repairs to the vehicle
(b) not to fill the petrol tank
(c) not to keep petroleum spirit of any kind there
(d) not to park any other vehicles other than a private motor car 

It does not mention the need to display a permit anywhere in the Lease or in the tenancy agreement. Unless this is declared as a reasonable regulation (not sure £510 is reasonable).

Thank you to everyone else for all your help!