BW Legal Claim / Parking in my space

jon_1827

I just spoke with CCBC. They said there is a delay in processing the N180/DQ's and they're currently processing ones that were received on the 18th Feb, so they won't have got to mine yet.

jon_1827

All is good - N180 was received and case has been passed to my local court.

I've been chasing the management company for a few months now to explain the legal basis upon which they implemented the parking management scheme. They finally responded today and have said it is done under the provision for "Estate Regulations" in the lease. I suspect there is a good chance BW Legal will use this argument if we get to court.

I suspected this is what they would use but given the wording in the lease I think this argument is weak at best.

The Estate Regulations don't exist as a document, nor has the term ever been used on letters, or notices in the building. The only reference to them I've seen in 5 years is in the lease and the email they sent me earlier.

The clauses in the lease covering the Estate Regulations state the building owner, residents company and management company can individually or collectively, add, amend and revoke regulations with absolute discretion. No requirements for notifications of changes, nor their publication, let alone a right or method for lease holders to challenge them.

I've read the case law on this link: http://www.parking-prankster.com/more-case-law.html

Are there any other cases relevant? One difference for me is that the Estate Regulations clauses would seem to clearly be an unfair term - basically allowing them to do anything they want unchallenged. I haven't found any cases to support this argument?

Coupon-mad

@bargepole has lay repped at a few residential cases. 

One where the Judge said it was unacceptable to expect a resident to display a permit, like a Union Flag every time they were home!

Another UKCPM one recently where the Judge specifically ruled that, as there was no variation of lease agreed by 75% of the leaseholders, UKCPM had no authority to issue and enforce parking charges. 

Judgment here:

https://www.dropbox.com/s/scou8k818p2x3lo/Residential Judgment UKCPM.pdf?dl=0

jon_1827

I received another parking ticket a few weeks back, due to "no permit on display" except there was a permit on display and visible in the pictures they provided. I used Premier Park's appeal process and amazingly they upheld it and have cancelled the ticket.

My original two tickets were due to the permit having expired. There is no expiry date, just a date of issue and a two digit year in large letters - so issued date would say 01/01/2019 with 19 in large text. One of my arguments is that as there is no expiry date they can't expire.

But there were no new permits issued on 01/01/2022, so the current permits in use are from 01/01/2021 - the management company have said they are issued regularly and "normally annually". This means that Premier Park seem to be accepting they don't expire now - as they've cancelled a ticket from a few weeks ago with a permit from 01/01/2021 on display. Which I think pretty much makes this a guaranteed win for me now?

Coupon-mad

Yes, sounds likely but 'belt and braces' is the L&T Act failure.  This is unlawful in that the imposition of an onerous 'penalty' permit scheme without consensus interferes with lease rights and causes a derogation from grant.

jon_1827

My case was transferred to the local court on the 30th March, haven't heard anything since. Is that normal?

jon_1827

Court hearing is scheduled for 25th August and they've paid the court fee.

So I believe that means I need to file my witness statement on the 11th August at the latest. I have an email address for their solicitors I can send their copy to, but what about the court? I can't see an email address, or is printed better? I live pretty much next door to the court so can drop it off on the day if it needs to be printed.

KeithP

So just three days to put the finishing touches to your evidence, your Witness Statement and Costs Schedule and then file it all with the court and serve on the Claimant.

But even that depends what was written in your Notice of Allocation.
Does it say 14 days or does it say something else?

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Le_Kirk

jon_1827 said:

I can't see an email address, or is printed better?

This: -
https://www.gov.uk/find-court-tribunal
might help

jon_1827

KeithP said:

Does it say 14 days or does it say something else?

Yes - it says 14 days before hearing date.