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CASE WON Student Accommodation with free parking

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Comments

  • Trainerman
    Trainerman Posts: 1,259 Forumite
    First Anniversary First Post Photogenic Name Dropper
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    Well done @Mouse007. Very well played, great result and report. You have earned a few bevvies !
  • B789
    B789 Posts: 3,441 Forumite
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    Congratulations Mr Mouse on winning the case, even if it was for different reasons than you expected. I've enjoyed following the saga and your instalments have been eagerly anticipated as you went along. Much better than most of the "box sets" you get on the TV these days.

    I have a question for the experts regarding this case... Although the defendant has won, if there is what appears to be a blatant failure by the judge to either understand or allow a valid point of law such as the primacy of contract in this case, can a complaint be made against the judge? What better way of "educating" someone in such a position of authority regarding future cases?
  • pinkelephant12
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    Congratulations Mouse family!  I hope you celebrated in style.  It's always great to see justice being done, even if not quite the way you expected.  This thread is an excellent reminder to us all on the benefits of thorough research and preparation.  
  • Mouse007
    Mouse007 Posts: 1,062 Forumite
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    edited 9 May 2023 at 11:33PM
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    A twist, no less.

    Not so Clever Student Lets has been in touch about "rent arrears". -£40, yup that a minus £40 they are demanding we owe them a negative £40.

    Now, I'm good, very good, at numbers - first year at university (engineering) required me to complete the first year course of a maths degree. The maths required here is key stage one at primary school. With 2 O levels (normal and advanced) and an A level in maths I think I might be ahead of this game. A subsequent 30 year career in accountancy has kept the numaracy skills alive. Clever Student Lets need a new accountant and I'm not available to idiots.

    Response sent

    "I acknowledge receipt of your important letter of communication regarding rental arrears.

    Please find attached an important Subject Access Request from XXXXXXX  XXXX which you need to attend to first."

    This being of course a prelude to my son's claim for derogation of grant and a demand for, let's say

    all the rent paid - all £10,000 of it - BECAUSE THEY ...




    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

  • Coupon-mad
    Coupon-mad Posts: 133,843 Forumite
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    edited 10 May 2023 at 12:12AM
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    ...because it was an illegal HMO?  Just guessing!

    My son & his housemates claimed a year's full rent bank last year for the property being an illegal HMO.  The landlady - who knew exactly what she was doing - was spitting feathers (obviously they'd moved out before they did it).  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Johnersh
    Johnersh Posts: 1,327 Forumite
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    I think some of the complaint about the DJ here are unfair. They're time pressed so often need to briskly take a case on to a conclusion.

    Just one reason is enough to find for D so, although they could address them, there's no need to address complex legal points if, as here, there is sufficient information to challenge the basis for a contract being formed at all.

    Nice that the DJs view accords with my own - it's an abuse of process to have a standing instruction to seek an appeal in all cases without having any regard for the merits. 
  • Mouse007
    Mouse007 Posts: 1,062 Forumite
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    Johnersh said:
    I think some of the complaint about the DJ here are unfair. They're time pressed so often need to briskly take a case on to a conclusion.
    I don't, I think a judge should stick to being a judge. That is they should listen, consider what is presented and then introducing their own knowledge decide. A judge making prejudical and factually incorrect comments before we have even sat down sets a bad tone. It destabalised the case. This judge was bad, arroagant and utterly incompetent. "Parking Eye v Beavis established that PCN's were legal full stop" was crap, I should have replied "I refer you to para 99 of the Law Lords Judgement ...

    Johnersh said:
    Just one reason is enough to find for D so, although they could address them, there's no need to address complex legal points if, as here, there is sufficient information to challenge the basis for a contract being formed at all.
    It always disturbs me when people try to avoid the "complex legal points". They should be met head on, dealt with, not avoided.

    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

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