My parking bay - County Court claim received!

Jenni_D

You always need to "see off" the added costs ... the PCN was an invoice, not a penalty (even though it has the effect of being a penalty) ... you need to lead the judge by the hand to realise why the additional £60/£70 per PCN cannot be justified. If you don't, and you end up losing, then the judgment value will be far higher than it needs to be.

Quitto

Thank you, I understand that and will include in my defence.

Reading some of the threads I noticed several discussions about variation of leases. I remember a questionnaire that was sent to all bay owners several years ago whether to keep the previous parking management firm on site. We had issues with nonresidential cars parked blocking the driveways, bays etc. 

I believe a total of 15 leaseholders were contacted with less than 5 responses received (according to HA) and based on the majority vote the previous parking management company remained in place. 

I believe the above cannot be considered a variation to lease ballot? I don't have a copy of the questionaire but believe the question was specifically about the previous operator. We haven't been consulted during the appointment of the current company.

Coupon-mad

It's a vital safety net, as we know inevitably, a few cases are lost each year, and even a strong case can go pear-shaped if you get a bad Judge.

Quitto

A brief update about my case.

I've had an email exchange with the managing agent in an attempt to stop any proceedings against me by the parking management company. 

I was told to raise any issues with the parking firm directly and that I need to reach an agreement with Gladstones with regards to the court claim. I guess I have no option but to proceed with my defence and attend the hearing once scheduled?

It was suggested to me that I can opt out my bay from any future enforcements to which I suggested that I would expect my service charges to be reduced proportionally. I was also informed that there was a ballot for residents prior to the appointment and that the majority have voted for it. I cannot remember that occurring and asked them for details.

Are there any other steps I need to take for the time being? Shall I write to my local MP? Are there any good examples on the forum?

D_P_Dance

A majority of those pesent is not enough.  UIAM it needs 90% of all leaseholders for a change.  It is in the thread I reference above. Landlord and tenant act, Section 37 IIRC.  

Le_Kirk

According to the Landlord and Tenant Act 1987 Part IV section 37 it depends upon the number of tenants: -

(a) in a case where the application is in respect of less than nine leases, all, or all but one, of the parties concerned consent to it; or
(b) in a case where the application is in respect of more than eight leases, it is not opposed for any reason by more than 10 per cent. of the total number of the parties concerned and at least 75 per cent. of that number consent to it.

Quitto

I looked into S37 but cannot understand what it's saying, particularly in paragraph (b).

Does it mean that it has to be >=75% votes in support of enforcement or appointment and at least 10% of total who need to respond?

So out of 10 leaseholders only 1 can respond in support to get it through? Sorry, I don't get that jargon.

Le_Kirk

How many leaseholders are involved in your situation?

If there are eight leaseholders, i.e. less than nine, then EIGHT or SEVEN of them must agree/consent.
If there are more than eight, lets say 40 leaseholders, then 75% which is 30 of them must agree/consent and not more than 10% which is four disagree.

Quitto

Le_Kirk said:

How many leaseholders are involved in your situation?

If there are eight leaseholders, i.e. less than nine, then EIGHT or SEVEN of them must agree/consent.
If there are more than eight, lets say 40 leaseholders, then 75% which is 30 of them must agree/consent and not more than 10% which is four disagree.

I think there are 15 bays in total, so that must be the number concerned or a total number of flats (i.e. those without bays included)?

What happens if, say, in your example out of 40 only 10 submitted their vote?

I think this is important in my case, as I suspect HA is lying to me and no vote has taken place (I cannot find any evidence of it).

Jenni_D

The legislation is clear ... it is a total of eligible votes, not a total of votes cast. If only 25% of eligible votes were cast then the motion would fail, irrespective of whether all 25% were in favour.