My parking bay - County Court claim received!

Coupon-mad

i would normally say yes but would ignore it at the moment, due to this:

However, I have the following provision in my lease which worries me: "To comply with such reasonable regulations as the Landlord or the Superior Landlord may make from time to time relating to the orderly and proper use of the Common Parts and security of the Building and including (for the avoidance of doubt) regulations as to the manner of use of any car parking space or visitors car parking spaces and the nature of any vehicle which may be parked thereon.".

Jenni_D

Dear solicitor,
Please inquire with your client regarding the lease. After all they must have done their due diligence before commencing operations at the site (They did do that, didn't they?) so they should have copies of the relevant documentation.

 

Quitto

Jenni_D said:

Dear solicitor,
Please inquire with your client regarding the lease. After all they must have done their due diligence before commencing operations at the site (They did do that, didn't they?) so they should have copies of the relevant documentation.

 

Sounds perfect to me   Thank you, Jenni!

Quitto

Coupon-mad said:

i would normally say yes but would ignore it at the moment, due to this:

However, I have the following provision in my lease which worries me: "To comply with such reasonable regulations as the Landlord or the Superior Landlord may make from time to time relating to the orderly and proper use of the Common Parts and security of the Building and including (for the avoidance of doubt) regulations as to the manner of use of any car parking space or visitors car parking spaces and the nature of any vehicle which may be parked thereon.".

Since the parking space in question is part of "the Premises", along with my flat (as per my lease), I am arguing in the defence that definition of parking space is contradictory in the above Clause. It doesn't make any references to "the Premises".  Is it fair?

Coupon-mad

I agree but wouldn't divulge the lease until WS stage, where you can cover that and say the bay is demised to you and cost you extra money, and you have primacy of contract.  You were there first and can rely on the lease, and exposing residents to three figure charges (over and above the fixed annual management costs and ground rent) doesn't count as 'reasonable'.

Quitto

Hi All, I am preparing my witness statement and wonder if anyone could suggest a good template for my case (own bay). 

Also, can I submit my WS to court and claimant via email?

spacey2012

Running a business on your leasehold land without your consent.

B789

Quitto said:

Hi All, I am preparing my witness statement and wonder if anyone could suggest a good template for my case (own bay). 

Also, can I submit my WS to court and claimant via email?

Without reading back through the whole thread, have you threatened the PPC with trespass for infringing on to your property?

Yes, you can submit your WS by email. It is the recommended method.

There are quite few WS on here about PCNs on own property. You just have to figure out the utterly sh!te search function in use here.

Quitto

Yes, I state in my defence that they run business on my property. 

It's been two years since the incident and I struggle to write my witness statement from scratch, plus English isn't my first language. I would really appreciate if anyone could share a WS with similar case to mine, there must be plenty of them. Thanks!

Coupon-mad

I don't know whether it's residential but the WS bundles by @aphex007 or @SJRRJS ate what it should look like.