Gladstone & District Enforcement - Am i doing this right?

philkr

Mouse007 said:

If this was your father's (residential) parking space what does his lease say? If the lease does not require him to display a permit then you may have a very strong defence, see

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

To be honest mate I didn't even think of checking this, I will head to his house after work and take a look, my dad does however have a permit in his car window for the space so I am guessing the lease will state that, I will find out after work

Jenni_D

philkr said:

Mouse007 said:

If this was your father's (residential) parking space what does his lease say? If the lease does not require him to display a permit then you may have a very strong defence, see

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

To be honest mate I didn't even think of checking this, I will head to his house after work and take a look, my dad does however have a permit in his car window for the space so I am guessing the lease will state that, I will find out after work

Don't guess - it is more likely that the lease makes no reference at all to permits, thus your Dad showing one in his car is merely a courtesy and there is no lawful or contractual requirement to do so.  

philkr

I grabbed a copy of my dad's tenancy agreement, I can't see anything anywhere to specify that you need a permit to park.
The only section that mentions vehicles in any way is this:



Not sure if this is of any use to me

Jenni_D

As it stands that helps you enormously, as there is nothing there that entitles a 3rd party to charge vehicle owners for simply parking - permit or not.

Is there anything that defines the eligibility to use a parking space? (e.g. is there a demised space mentioned and shown on a plan)?

And what about any general term that allows the management company to introduce regulations for the benefit of the estate/property?

philkr

Is there anything that defines the eligibility to use a parking space? (e.g. is there a demised space mentioned and shown on a plan)? -Nope no mention of anything to do with parking other than on the image attached in my previous post.

And what about any general term that allows the management company to introduce regulations for the benefit of the estate/property? - Not that I can see, I can attach a copy of the tenancy agreement here if needed (omitting any personal information)

With this being said, I am struggling to find a way to mention this in the defence, like, how do I word it.
My dyslexia is a pain at times  

philkr

Also just to add, I asked my dad how he got a permit, he stated when he moved in he just rang the number on the sign.
He was never instructed by the landlord or letting agent that he would require any pass.

Mouse007

Read it slowly, it refers to “parking space provided or made available” ... “which the tenant has been given prior permission in writing to use”.

It also refers to “cars visiting the Property”

It states that the parking space is only to be used “for the purpose of parking a private motor vehicle”.

What it does not say is as important as what it does say. It does not say whose private motor vehicle, just a private motor vehicle. There is clearly an expectation that cars will be visiting.

Perhaps your defence is you had permission of your father to park in his space in accordance with his lease. Denying that right, granted to him, is an interference with his right to quietly possess and enjoy the premises. A derogation of grant.

Draft a letter of complaint from your father to the landlord pointing this out.

Mouse007

philkr said:

He was never instructed by the landlord or letting agent that he would require any pass.

Which is identical to my son's case - his contract is with the landlord and no third party can overide that.

philkr

Mouse007 said:

Read it slowly, it refers to “parking space provided or made available” ... “which the tenant has been given prior permission in writing to use”.

It also refers to “cars visiting the Property”

It states that the parking space is only to be used “for the purpose of parking a private motor vehicle”.

What it does not say is as important as what it does say. It does not say whose private motor vehicle, just a private motor vehicle. There is clearly an expectation that cars will be visiting.

Perhaps your defence is you had permission of your father to park in his space in accordance with his lease. Denying that right, granted to him, is an interference with his right to quietly possess and enjoy the premises. A derogation of grant.

Draft a letter of complaint from your father to the landlord pointing this out.

Thank you for the swift response Mouse007


I've got this drafted so far (I need to sit with my friend who's a bit more literate than me and go over the wording and grammar):

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and drive of the vehicle in question.

3. The Defendant parked the car in his father’s parking space when the car had broken down, The Defendant was visiting his father during the COVID lockdown to deliver medicine as the Defendants father was shielding due to being classed as vulnerable.

The Defendant notes the parking signage is not illuminated and was not visible as a result.

The Defendant has never received any previous letters from the Claimant.

The defendant notes that in the tenancy agreement for the defendant’s father’s property there is no mention of a requirement for a pass or permit to park.

The defendant notes that they had the permission to park in this space in line with the defendant’s father’s lease and that denying that right, granted to the defendant’s father is an interference with the defendant’s fathers right to quietly poses and enjoy the premises.

The defendant notes that the terms of the lease state the parking space is only to be used "for the purpose of parking a private motor vehicle", this does not state who the vehicle would need to belong to.

philkr

Coupon-mad said:

In 15 years of doing this I have never ever seen a BROWN sign!

Carefully/deliberately designed not to be seen and to blend in with the brickwork, a cynic might surmise.

What do you mean you parked when the car was broken down?

You parked when the car was OK then later discovered it wouldn't start?

Did you display a permit? Was a permit available?

Hello,

Sorry I missed this post!

Yeah I have never seen a sign in brown either!
The clutch on the car went, it would move but very, very, very slowly and with a really bad smell.

I didn't display any permit as I didn't know one was required.