Double Court Claim for residently Parking ( own space ) vs Moorside Legal

Not_A_Hope

Once you have your defence sorted it is always worth submitting a SAR to PCM. Might turn up something useful. Causes them some hassle and extra cost if it doesn’t.

If you haven’t done it already get some of your own photos of the signage actually in place. 

Le_Kirk

MThomas95 said:

Is it worth sending the PCN a SAR ? or is this case pretty trivial without it ?

Always worth submitting a SAR to the PPC, there might be some data they hold on you that will be useful to you at witness statement stage.

MThomas95

These are a couple of photos of the parking signs, from the view point of my parking space:

B789

The signs with the Terms would be more useful but they certainly don't seem obvious based on your photos.

MThomas95

B789 said:

The signs with the Terms would be more useful but they certainly don't seem obvious based on your photos.

This is the sign with more details:

Mouse007

That's a stupid sign, it says NO PARKING ... AT ANY TIME. Looks like you will have to go through the same as I did, please feel free to copy from the defence I prepared for my son.

Coupon-mad

There is no offer there.  No contractual licence.

http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html?m=1

MThomas95

saajan_12 said:

MThomas95 said:

Thank you for your response.

I have actually contacted my landlord multiple times and they just say that there is nothing they can do "great help!". 

In my contract, the only thing it says about the matter is:

Schedule 2

1.5 to comply and observe any reasonable regulations which the Superior Landlord or the management company for the Estate may make from time to time to govern the use of the Estate.

Are you a leaseholder ie flat owner, or a tenant under an AST? Who's your landlord - the freeholder or a leaseholder who 'owns' a flat? 
I ask because you may need to consider the headlease as well as your tenancy agreement to determine your right to park there. 

With the clause you mention, if they argue that the regulation is to display a permit, you did that. However permits can fall down and its not reasonable that you surveille your permit 24/7.  It is reasonable that you fixed the problem the next day (given they didn't give you a PCN for the next day) and you alerted them that your car was indeed allowed there via the appeal - IMO any reasonable regulations would accommodate that. 

I am not, Im the tenant under an AST. My landlord is CITRA in the tenancy agreement. I now have access to the superior lease obtained from the freeholder, who is Gateway management. What should i be looking for within this lease that will support me defence ?

I have also contacted the freeholder to remove myself from the parking management scheme so that they cannot "enforce" these rules and regulations upon me.

Coupon-mad

Look for any paragraphs about:

parking

Allocated bays

words like 'exclusive use' of a bay

vehicular access

use of common parts of the property

peaceful enjoyment

right of freeholder to make 'regulations'

third party rights

MThomas95

Rights Granted:

• The right for the Tenant and all persons authorised by him (in common with all other persons entitled  to  the  right)  at  all  times  for  reasonable  purposes  connected  with  the  residential  use and  occupation  of  the  Property  and  the  Parking  Space  only  to  go  pass  and  repass  with  or without  vehicles  (as  appropriate)  over  and  along  the  Buildings  Internal  Common  Parts  and Estate  Common  Parts  over  which  the  Tenant  requires  rights  in  connection  with  the  use  and enjoyment of the Property and Parking Space which are contained within the Estate.

• The right to park one roadworthy taxed and MOT’d vehicle not exceeding 2.25 tonnes gross unladen weight in the Parking Space.

Obligations and Restrictions:

• Not  to  park  or  allow  any  commercial  industrial  or  any  un-roadworthy,  untaxed  or  un-MOT’d vehicle to stand in any parking space within the Estate.

• Not  to wash  any domestic  motor vehicle in  any parking space such restriction to cease and be extinguished upon Weston Homes Plc disposing of its reversion.

• Not  to  park  any  vehicle  motor  cycle  caravan  or  similar  carriage  on  the  Buildings  Internal Common  Parts  or  Estate  Common  Parts  (other  than  in  the  Parking  Space)  nor  to  obstruct them.

TENANTS COVENANTS WITH LANDLORD COMPANY AND OTHER TENANTS:

• comply  with  and  observe  any  reasonable  regulations  which  the  Company  or  Landlord  may 
  make consistent with the provisions of this Lease to govern the use of the Estate.

CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

• No person who is not a party to this Lease shall be entitled in his own right to enforce any terms of this Lease pursuant to the Contracts (Rights of Third Parties) Act 1999.

Parties to this lease:

• WESTON  HOMES 
• CITRA   LIVING   PROPERTIES 
  
• Gateway  Property  Management  Limited