PPM and BW Legal appealing after I beat them twice

Snakes_Belly

"I had not got through hardly any of my WS before the judge made his mind up which was the same reason as last time. Parking company cannot override the lease, which states that Leaseholders and their visitors can park in a visitor's space. No evidence of lease change, and parking company not a party to the lease"

If the lease is saying that leaseholders and their visitors can park in visitor spaces then the parking company surely cannot overide the rights of the leaseholder. The judge would appear to be correct. 



 
 

Grizebeck

Snakes_Belly said:

"I had not got through hardly any of my WS before the judge made his mind up which was the same reason as last time. Parking company cannot override the lease, which states that Leaseholders and their visitors can park in a visitor's space. No evidence of lease change, and parking company not a party to the lease"

If the lease is saying that leaseholders and their visitors can park in visitor spaces then the parking company surely cannot overide the rights of the leaseholder. The judge would appear to be correct. 



 
 

It is highly unlikely to be moved

DownwithPPCs

@Snakes_Belly and @Grizebeck their new argument is that visitors spaces are only for visitors, and that residents can't park in a visitor's space, and because I said in my WS that I was living with my mum at the time they're saying I was a resident, not a visitor. The lease doesn't say whether a resident can can park say a second car in a visitor's space it just specifies that visitors spaces are for visitors cars on a first come first served basis. However they did not bring this up at the final hearing and I believe they have brought this up after speaking to the director of the MA, because this is what he was saying when I met him. They have clearly had a discourse. 

In any case, what they dont know is that I was still a temporary guest at my mother's, as my permanent address had not changed. They are making an assumption, and they are just trying to desperately make something fit.

Regardless of the above, their argument for the appeal is because I submitted a different WS for the final hearing to the one at the dispute resolution hearing. However, I followed the orders and submitted on time and judge was happy with that.

DownwithPPCs

Here is the lease quote re visitors spaces-

Under rights included in the demise-

'The right to use in common with all others entitled to a like right on a first come first served basis any spaces marked 'v' on the plan for the temporary parking of visitors private motor vehicles not exceeding three tonnes gross laden weight'

My argument is that the parking company have removed this privilege given by the lease and have attached a charge (for scratch cards) to re offer the privilege to those who will pay for it. So their argument that the scheme is to ensure that visitors only in visitors space is rubbish, because I believe that a resident can park there if they have purchased a scratch card.

Coupon-mad

Can we check that your original defence did plead something about the lease rights and/or lack of landowner authority?

As long as you set the scene in your defence, you can raise the matter in a witness statement and provide evidence.

Snakes_Belly

"In any case, what they dont know is that I was still a temporary guest at my mother's, as my permanent address had not changed. They are making an assumption, and they are just trying to desperately make something fit."

I would obtain a WS from your mother to say that you are/were a temporary guest. Then go onto 192 and do a voters role search on yourself to show that you are a visitor to your mother's property. There might be a small fee for this, You may be able to get details from the website of the council to whom you pay your council tax.

If a person is using a visitor space as a quasi allocated space it's up to the MC to sort this out on an informal level. That is what the management charge is for. They should also be respecting the terms of the lease. 

Snakes_Belly

"Regardless of the above, their argument for the appeal is because I submitted a different WS for the final hearing to the one at the dispute resolution hearing. However, I followed the orders and submitted on time and judge was happy with that."

I think that they are clutching at straws with this.   

Galloglass

Council Tax is an interesting one. Does your mother get the single person’s discount - or are there other adults there that means she doesn’t. 

Or is the SPD lost because you are there? 

DownwithPPCs

Coupon-mad said:

Can we check that your original defence did plead something about the lease rights and/or lack of landowner authority?

As long as you set the scene in your defence, you can raise the matter in a witness statement and provide evidence.

@Coupon-mad 100% I did. Will upload both WS tonight as I have done all the redactions now.

DownwithPPCs

I also just received a response from the court saying the following regarding the application to appeal hearing:

1. The Court will not order a change of venue based on an email from one party. If he wants to apply for a change of venue then he should issue an application in the appropriate form, paying the appropriate court fee. However, his attention is drawn to CPR PD52C Para 16: if the hearing is an application for permission to appeal he is not expected to attend unless the Court has directed him to do so. Accordingly, the court is unlikely to change the venue for his convenience.
2. The Court cannot given him advice about how to conduct the proceedings, which he must seek elsewhere.