2 X CCBC Claims from UKPC via DCB Legal

atothep

So I've managed to uncover the official copy lease for the property in question. There seems to be a few sections that are relevant. These basically just confirm that the Tenant's visitors have access to the demised premises and parking spaces etc. Should I be looking out for something that confirms that a 3rd party (UKPC) have permission to police the said area? Should that information be clearly marked on the lease somewhere? I'm more than happy to spend time going through the 34 pages with a fine tooth comb! I'm just not sure what I'm looking for that will help my case?

Many thanks

Coupon-mad

No, it won't say that but there might be something that gives the owner or MA the right to decide 'regulations in the interests of proper management of the estate' or similar.

. There seems to be a few sections that are relevant. These basically just confirm that the Tenant's visitors have access to the demised premises and parking spaces etc.

Can you show us the exact words?

atothep

Coupon-mad said:

No, it won't say that but there might be something that gives the owner or MA the right to decide 'regulations in the interests of proper management of the estate' or similar.

. There seems to be a few sections that are relevant. These basically just confirm that the Tenant's visitors have access to the demised premises and parking spaces etc.

Can you show us the exact words?

Is it possible to share screenshots in any manner on here? If not I can type it out but it may take a while!

Jenni_D

You can upload photos/screenshots to an image hosting site then reply with the links.

atothep

Hopefully this works! Here are the two covenants in the lease that refer to parking and the visitor bay:

[img]https://i.imgur.com/T1r9Qy3.png[/img]

[img]https://i.imgur.com/lw7xUax.png[/img]

The only tenuous link I could find to a 3rd party 'protecting' the amenities was the following but I'm not sure if it's relevant or not?

[img]https://i.imgur.com/evAdjDc.png[/img]

So my plan is to submit evidence that my friend was the legal leaseholder of the property and submit a witness statement from him confirming I had his express permission to use the visitor space as per the leasehold covenants. I will also detail 'Primary of contract' information. I will also provide photo evidence that the car park is a gated and requires a key fob showing that by default being in the car park shows I had been given permission to park there.

For my 1st case I'm planning on using UKPC's photo evidence acquired via my SAR as it clearly shows a permit in my windscreen. I will ask why a clear photo wasn't taken off the permit details as I can only presume this was done in order to facilitate a bogus ticket. As UKPC has refused to acknowledge my requests to have my two tickets combined I will then go down the 'Cause of action estoppel' route for my 2nd case.

Does this sound like a fairly good base for my argument?

I appreciate in my initial defence statement I only have to give a brief outline of this but just want to make sure I'm heading in the right direction.

Thank you all

Jenni_D

What is clause 3.4 of the Fifth Schedule?

atothep

Jenni_D said:

What is clause 3.4 of the Fifth Schedule?

[img]https://i.imgur.com/ZoW2LVS.png[/img]

Jenni_D

Stop trying to use IMG tags please - they're not working so simple links are all that's needed. (I severely dislike images being embedded in posts - it assumes anyone reading the thread wants to see the images; let people have the choice I say)

Nothing you've posted thus far would give any rights to engage a 3rd party parking company who could have any rights over your land as covered by your lease.

atothep

Jenni_D said:

Stop trying to use IMG tags please - they're not working so simple links are all that's needed. (I severely dislike images being embedded in posts - it assumes anyone reading the thread wants to see the images; let people have the choice I say)

Nothing you've posted thus far would give any rights to engage a 3rd party parking company who could have any rights over your land as covered by your lease.

Apologies, I thought I had just copied links. Sharing screenshots via a 3rd party hosting site is all new to me! Will try to amend any future links that may be required.

Le_Kirk

Your links stripped of IMG tags: -
https://i.imgur.com/T1r9Qy3.png
https://i.imgur.com/lw7xUax.png
https://i.imgur.com/evAdjDc.png
https://i.imgur.com/ZoW2LVS.png