Claim received for unpaid Parking Charge Notice

Afrochap

Forgive my questions and any seeming naivety. I've never been through any court process before and it's just too cumbersome and confusing. I guess this how these leeches makes their money. Relying on the fact that the process is onerous and many will be caught out. 

Afrochap

@Le_Kirk, @Keith @Coupon-mad

Hi guys, 

First, thank you ever so much for your continued help and guidance. You guys are superheroes pure Super Heroes!!

Hearing date is slated for 06/11. Gladstones have sent me their witness statement and boy is it something? 

They obtained a copy of my leasehold from the landowner and are saying that a paragraph on my leasehold which states that "I will comply with such reasonable regulations as the landlord may make from time to time relating to the orderly and proper use of the Commons Parts and the security of the Building or the Estate" allows the landlord to appoint the Claimant to manage the land with respect to parking at the site, to ensure that roadways are kept clear, residents are parked in allocated bays and for general good estate management. As such they are arguing that I have broken the provisions of my lease. 



They also included the contract they signed with the landlord (which I have attached at the end of this) which lists all the postcode they contracted to enforce parking and I note that my postcode sin't even part of it. So I'm arguimg that they have no right issue me the PCN in the first place and even if they do, they have no right within my leasehold to inject themselves into the contract I signed with landowner.

Below is my wordings on my witness statement. I also plan to add that they have gained judgment by default on another claim even though my postcode is not even included within their contract with the landlord. 

What is your take on my argument and is there anything else I can use against them?

The Claimant has argued the following -

1. That they have a Parking Enforcement Contractual Agreement with the landowner to manage and enforce parking on private and also provide the particulars of the contract.

2. That the aforementioned contract gives the Claimant the power to somehow inject itself into the particulars of the leasehold signed with the landowner.

My response:

1. Having gone through the Parking Enforcement Contractual Agreement they claim to have with the landowner, I see no evidence granting the Claimant any right to inject itself into my leasehold contract.

2. Furthermore, my postcode is not included as part of the Parking Enforcement Contractual Agreement they proclaim grants them the authority to from landowner. My postcode of SE26 XXX is not on the list of Postcodes the Claimant is saying they are contracted to manage.

3. Through the use of Google Maps the postcodes similar to mine i.e. within the SE26 catchment show that the closest postcode their contract affords them is more than a mile from me. So, I cannot fathom how the Claimant believes they have the right to issue me with a PCN not to talk of levying other charges upon me.

4. Even if the contract the Claimant signed with the Landowner includes my property, I do not see anything within my leasehold that gives the Claimant any right to inject themselves into my leasehold or make the determination that I have breached my leasehold. Such matters should be addressed by the Landowner and not a third party such as the Claimant. 

KeithP

A bit of sloppy drafting here...

And can I see your Claim Number top left of the second image in your latest post?

Afrochap

KeithP said:

A bit of sloppy drafting here...

And can I see your Claim Number top left of the second image in your latest post?

I'm sorry, I don't understand what you mean by sloppy drafting? 

Are you referring to my draft or the 2018 you circled in yellow? 

KeithP

Afrochap said:

KeithP said:

A bit of sloppy drafting here...

And can I see your Claim Number top left of the second image in your latest post?

I'm sorry, I don't understand what you mean by sloppy drafting? 

Are you referring to my draft or the 2018 you circled in yellow? 

No, I am referring to the fact that they are putting in place the signs and permits in December 2018 but they are proposing, or were proposing, to start the scheme some eleven months before the signs and permits were there. 

Afrochap

KeithP said:

Afrochap said:

KeithP said:

A bit of sloppy drafting here...

And can I see your Claim Number top left of the second image in your latest post?

I'm sorry, I don't understand what you mean by sloppy drafting? 

Are you referring to my draft or the 2018 you circled in yellow? 

No, I am referring to the fact that they are putting in place the signs and permits in December 2018 but they are proposing, or were proposing, to start the scheme some eleven months before the signs and permits were there. 

Ah I see. Well, you know how they are.

What do you think of my counter argument though?

Do you reckon they even have a case?

Gr1pr

Afrochap said:

KeithP said:

Afrochap said:

KeithP said:

A bit of sloppy drafting here...

And can I see your Claim Number top left of the second image in your latest post?

I'm sorry, I don't understand what you mean by sloppy drafting? 

Are you referring to my draft or the 2018 you circled in yellow? 

No, I am referring to the fact that they are putting in place the signs and permits in December 2018 but they are proposing, or were proposing, to start the scheme some eleven months before the signs and permits were there. 

Ah I see. Well, you know how they are.

What do you think of my counter argument though?

Do you reckon they even have a case?

It doesn't matter what we may or may not think , each side always believes that they are in the right, what third parties think is irrelevant 

What actually matters is what the judge thinks in the hearing, based on the submissions put before the court 

LDast

More "sloppy drafting"?

Afrochap

Gr1pr said:

Afrochap said:

KeithP said:

Afrochap said:

KeithP said:

A bit of sloppy drafting here...

And can I see your Claim Number top left of the second image in your latest post?

I'm sorry, I don't understand what you mean by sloppy drafting? 

Are you referring to my draft or the 2018 you circled in yellow? 

No, I am referring to the fact that they are putting in place the signs and permits in December 2018 but they are proposing, or were proposing, to start the scheme some eleven months before the signs and permits were there. 

Ah I see. Well, you know how they are.

What do you think of my counter argument though?

Do you reckon they even have a case?

It doesn't matter what we may or may not think , each side always believes that they are in the right, what third parties think is irrelevant 

What actually matters is what the judge thinks in the hearing, based on the submissions put before the court 

Thanks. Yes I'm aware that it ultimately lies with the judge. 

What I'm asking is do others think the Claimant have any legal argument to try argue that they have power to say the Claimant has breached the lease? 

Also are there other arguments I can use?

Coupon-mad

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