Gladstones/UKCPM Defence

Rinches19

Thanks for the link @Coupon-mad I definitely have a better understanding now. Should I include any cases to replace Chan and Akande or will a Judge be well aware of CPR 32.4?

I still haven't received anything from G'stone regarding their witness statement(deadline 16/7/25). If the WS turns out to be from UKCPM on this occasion and not a paralegal, might that affect my WS? Also, any reason to send my WS early in this claim or wait until closer to the deadline?

Many thanks in advance

Rinches19

https://drive.google.com/file/d/1IqI31n1YLMg2NmXOXF10ww3nMsqiNYkv/view?usp=drivesdk

Coupon-mad

If the WS turns out to be from UKCPM on this occasion and not a paralegal...

If you haven't had Gladstones WS yet then wait for it first. You can't include a point complaining about a 'paralegal WS' if it doesn't exist yet!
.

Rinches19

Afternoon all..

Gladstone WS has arrived. All looks the pretty same standard cut and paste stuff I've seen on other posts.

The claimant won't be attending the hearing(again..)

It's supplied and signed by the same paralegal as last time, a Joshua Reid.

Bizarrely they've supplied my current tenancy contract as evidence(I'm renting atm). I had originally supplied it to the court for the set aside hearing to prove the date I had moved property, and their WS quotes parking conditions from it?..The relevent document is surely the lease(dated 1989) transferred to me after the purchase of the flat.

Don't think it's the zinger they think it is...

I will link the redacted WS the deadline is 16th of July.

Any suggestions on how to handle this always welcome and appreciated @Coupon-mad and other kind users of the forum.

Rinches19

https://drive.google.com/file/d/1gJhMIKcan4QH7WVBjXrDp2Jd7B6VZbBb/view?usp=drivesdk

Coupon-mad

OK so now you can finalise your WS and point out theirs is hearsay from a third party office junior and fails to comply with the judge's order which requires statements from the parties. Gladstones isn't a 'party', nor is J Reid a witness, and nor will he attend the hearing.

They are beyond the 6 year limitation period because presumably the POC for this claim was never properly served within 4 months. Therefore the claim expired unserved in 2018 which is over 6 years ago (this was confirmed by the Court of Appeal this year in VCS v Carr).

In any event it should be struck out for failure to comply with Part 16. Authorities: Chan and Akande. Both parking cases.

Your tenancy is irrelevant as that was 2018/19 (after the parking events) and at the time - in 2017 - you were a leaseholder and this regime was illegally foisted upon you without proper consultation and it interfered with your prior lease rights and offered nothing of value to residents whatsoever. Authority: Duchess of Bedford House (a landmark case).

Moreover, prohibiting parking outside of a bay offers nothing to any driver anyway, regardless of whether they were a leaseholder or a random trespasser. No consideration = no contract. 

Your case law will include these parking authorities:

Kettel v Bloomfold (really similar circs)

Duchess of Bedford House (ratified by the Supreme Court who refused to hear any appeal. That case confirmed that residents rights prevail over later parking 'rules').

Jopson v Homeguard

CEL v Chan

CPMS v Akande

VCS v Carr (an unserved claim has expired).

Just copying the relevant background below, so we can recall that you were a leaseholder at the time, not a tenant:.

You will need your old flat lease if you can get it. If not, then attach proof that you were a leaseholder, not merely a tenant, in 2017 (Mortgage agreement if nothing else?).

Being a Curo(Housing Association)leaseholder(property purchased 2007), I received 2 PCNs dated 16/12/2017 and 23/12/2017 related to parking outside of a marked bay.
I have a right to use the parking area as stated in the lease(dated 1989).
UKCPM got involved in the parking area in November 2017 issuing permits to the residents, without consultation.
A large Georgian wall collapsed into an area of allocated parking crushing several cars 14/12/2017.
Many residents moved their cars out of harms way as soon as possible. Parking outside of the allocated bays, but not being an obstruction to other residents' rights of way.  Some did not.
UKPCM came along and ticketed cars no longer parked in the allocated bays 16/12/17 and 23/12/17.
Further wall collapse 30/12/17 crushing more cars.
Property sold May 2018(court papers served to this address in November 2018).

Rinches19

Brilliant as usual @Coupon-mad.

So I've put Chan and Akande back in, referenced VCS v Carr and sorted the paragraph and page numbers(hopefully!). Your other suggestions gratefully added too....

Rinches19

https://drive.google.com/file/d/16rcy_xTb8WVDR2hDEfQkueYjzTkh95Vw/view?usp=drivesdk

Rinches19

Dear Rinches19

Thank you for your email.   You don't get a new lease each time a property ownership changes hands, so the only lease relating to Flat X,  XX Morford Street is the original registered Lease dated 31 July 1989 from the Bath City Council whose assets were taken over by the Housing Association.  What I think you need is confirmation of the sale of the property, and I attach a copy of the Transfer dated 25th May 2018 which was when you sold the property and had moved out and the original title which was then being sold which had previously been registered in the joint names of you and xxxxx, and these are attached.

Regards 

Rinches' Conveyancing Solicitor

Rinches19

Above is the reply from my solicitor when I had a query pre-set aside hearing. I do still have a paper copy of the lease but it is a rather large document nearly 60 pages.