CASE WON Student Accommodation with free parking

Mouse007

Some further thoughts on my student son’s case, perhaps helpful for others if they find themselves in a similar position (ticketed in a residential parking space)

Para 45 of the Assured Shorthold Tenancy states “The Tenant will have access to the common areas with a non exclusive license in common with the other tenants of the Landlord, the Landlord, the Landlords agent and any other person authorized by the Landlord.”

The online listings for the property, being the agent’s website and facebook page, both state “There is free, off-road parking (first come, first served) at the rear of the property”

There are no other references in either the tenancy agreement or online to parking at the property.

These parking spaces are part of the common area to the property. The Tenancy grants the right to access without any terms or conditions.

The PPC’s sign (below) was not offering anything that my son was not already entitled to. That means there can be no acceptance because there was no fresh consideration.

You can not have a contract without an offer, acceptance and consideration.

The whole basis of their claim is a contract was entered into, with no contract they have no claim.

Coupon-mad

You've nailed it - plus look which sentence is in the very smallest font on that sign?!

Unreadable, non-prominent terms or consumer notices are not binding on consumers (CRA 2015).

Mouse007

Letter received from Court acknowledging receipt of defence. A copy is being served on the claimant, they have 28 days to contact the court otherwise the claim will be stayed.

Fully expecting the idiots to continue with more bullying bull poo. Thankfully my son (24) understood his defence (no contract possible because no fresh consideration offered by sign) and is happy for me to prepare Letters before Action against the Landlords, the Letting Agent and the PPC - we're going on the attack for breach of contract, breach of GDPR and derogation from grant.

Coupon-mad

I like that fightback.

Mouse007

Coupon-mad said:

I like that fightback.

Best form of defence

Mouse007

As expected received today from BW Legal

NOTICE OF INTENTION TO PROCEED

"notwithstanding your reasons for disputing the claim"

giving us to 24 June to pay the claim in full. That's not going to happen.

I doubt if anyone actually read the submitted defense, if they did they are clearly devoid of any knowledge about contract law - offer, acceptance AND consideration. All missing here.

Mouse007

On reflection I’m now tempted to reply to that last BW Law letter with

"I refer you to the reply given in the case of Arkle v Pressdram"

Maybe not, but thought it might amuse some of you

Umkomaas

Mouse007 said:

On reflection I’m now tempted to reply to that last BW Law letter with

"I refer you to the reply given in the case of Arkle v Pressdram"

Maybe not, but thought it might amuse some of you

Do you mean the reply given, or your spelling of Arkell? 

Arkle was an Irish racehorse, winning three Cheltenham Gold Cups.  😄

Mouse007

Updated my son today about the expected arrival of a directions questionnaire, I need your available dates - you will have to go to court. I’ll do a witness statement too so I can come along. Mum, former magistrate, pipes up can I come too? Looks like I need to do three witness statements (she arranged the accommodation, paid the deposit and guaranteed the rent - no mention of permits to park), game on.

Son’s reply, “cool”

Coupon-mad

I like your family's style!