Assitance with Parking & Property Management PCN

Coupon-mad

Double yellows enable and in fact positively allow loading/unloading.  They do not have a meaning of 'no stopping'.

hydro24

Thanks for the advice.

Should I go to the landowner/management company now with this or respond to BW Legal?

Mouse007

I wouldn't waste any more time with BW Legal. I'm dealing with them myself for my son, they spout all sorts of rubbish, ignore any legal points that you put to them and plough on regardless. I very much doubt if anyone dealing with you there has any legal training or qualification.

Landowner complaint, and be very firm their agents are breaching the tenancy contract you have with them (the Landowner) and no new terms and conditions, rules or regulations can be imposed upon you.

They are interfering with your easement to pass over the common areas and access to your property. Refer them to the case Jopson v Homeguard 2016 which is almost identical to yours. Note in that judgment the judge specifically mentions the case Bulstrode v Lambert [1953] where taking half an hour to an hour to unload was considered to be a necessary ancillary to the easement.

See para 15 onwards

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

Read on to at least para 21

hydro24

Mouse007 said:

I wouldn't waste any more time with BW Legal. I'm dealing with them myself for my son, they spout all sorts of rubbish, ignore any legal points that you put to them and plough on regardless. I very much doubt if anyone dealing with you there has any legal training or qualification.

Landowner complaint, and be very firm their agents are breaching the tenancy contract you have with them (the Landowner) and no new terms and conditions, rules or regulations can be imposed upon you.

They are interfering with your easement to pass over the common areas and access to your property. Refer them to the case Jopson v Homeguard 2016 which is almost identical to yours. Note in that judgment the judge specifically mentions the case Bulstrode v Lambert [1953] where taking half an hour to an hour to unload was considered to be a necessary ancillary to the easement.

See para 15 onwards

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

Read on to at least para 21

Thanks for this. Agreed, I doubt they have any legal qualifications. They just try to bullying you into paying. Hope you have success!

 

Mouse007

hydro24 said:

Hope you have success!

 

Thanks, currently waiting for directions from the local court - will then be at Witness Statement stage. Confidence levels are very high after being around here for a few months. Son's student accommodation included use of common areas which included the advertised "free parking". BWL want £798.75 and have completely ignored the defence pointing out he already had the right to park - signs offered nothing he did not already have. Nothing new offered, no new consideration, therefore nothing to accept, result no contract full stop. Simple basic contract law appears to be above them.