BW Legal Claim Form Via County Court Business Centre please help?

Le_Kirk

You need to look at the lease or tenancy agreement, sometime called AST - Assured Shorthold Tenancy - and see what it states about parking and the use of permits; if it does not specifically state that you must display permits, you don't need to and even then you would have had to you specifically agree to this by signing the agreement.  Before the parking company was forced upon you and other tenants/leaseholder/freeholders, was there a ballot of everyone and what was the outcome of that?

Coupon-mad

You should borrow some stuff from the one here:

https://forums.moneysavingexpert.com/discussion/comment/80232236/#Comment_80232236

Manjaik

Le_Kirk said:

You need to look at the lease or tenancy agreement, sometime called AST - Assured Shorthold Tenancy - and see what it states about parking and the use of permits; if it does not specifically state that you must display permits, you don't need to and even then you would have had to you specifically agree to this by signing the agreement.  Before the parking company was forced upon you and other tenants/leaseholder/freeholders, was there a ballot of everyone and what was the outcome of that?

I have just checked tenancy agreement and it does not mention anything about parking. So I take I am not bound by any rules of parking?!

patient_dream

Manjaik said:

Le_Kirk said:

You need to look at the lease or tenancy agreement, sometime called AST - Assured Shorthold Tenancy - and see what it states about parking and the use of permits; if it does not specifically state that you must display permits, you don't need to and even then you would have had to you specifically agree to this by signing the agreement.  Before the parking company was forced upon you and other tenants/leaseholder/freeholders, was there a ballot of everyone and what was the outcome of that?

I have just checked tenancy agreement and it does not mention anything about parking. So I take I am not bound by any rules of parking?!

And that's the problem for BWLEGAL, they don't know that .... 

Who is the parking company ???

Manjaik

patient_dream said:

Manjaik said:

Le_Kirk said:

You need to look at the lease or tenancy agreement, sometime called AST - Assured Shorthold Tenancy - and see what it states about parking and the use of permits; if it does not specifically state that you must display permits, you don't need to and even then you would have had to you specifically agree to this by signing the agreement.  Before the parking company was forced upon you and other tenants/leaseholder/freeholders, was there a ballot of everyone and what was the outcome of that?

I have just checked tenancy agreement and it does not mention anything about parking. So I take I am not bound by any rules of parking?!

And that's the problem for BWLEGAL, they don't know that .... 

Who is the parking company ???

Countrywide parking

Le_Kirk

Manjaik said:

Le_Kirk said:

You need to look at the lease or tenancy agreement, sometime called AST - Assured Shorthold Tenancy - and see what it states about parking and the use of permits; if it does not specifically state that you must display permits, you don't need to and even then you would have had to you specifically agree to this by signing the agreement.  Before the parking company was forced upon you and other tenants/leaseholder/freeholders, was there a ballot of everyone and what was the outcome of that?

I have just checked tenancy agreement and it does not mention anything about parking. So I take I am not bound by any rules of parking?!

Correct, unless the managing agents or the Freeholder has instigated the consultation and ballot of all interested parties, i.e. tenants/leaseholders/landlords.

Coupon-mad

Hopefully you now know you were't meant to send the 'seeking debt advice' email because you weren't at LBC stage when you came here and don't have a 30 day hold.

Include this is your facts section;

3.  The Defendant was, at all material times, a bona fide tenant under the terms of an Assured Shorthold Tenancy (‘AST’), dated (ADD DATE). The terms of the AST are the terms under which the Defendant occupied the flat and accessed the common parts of the premises, such as the car parking area.

4.  The AST is silent with regard to parking but the Defendant had a right to peaceful enjoyment and avers that there was no legal obligation to display a parking permit, or to pay penalty charges to third parties. As such, the Claimant’s signage at the location does not bind the Defendant and is of no legal effect.

5. In the alternative,  the Claimants were foisted on residents without agreement and failed to communicate reasonably and further, failed to fairly exempt existing residents; indeed the Claimants made it so cumbersome and difficult to obtain a permit that they caused the issue.  There was no breach by conduct of the Defendant.


Then go and read and grab as para 6 any appropriate chunks of the recent residential exemplar defence by @Rinches19

Then re-number the defence accordingly.

Manjaik

Thank you very much guys working on it.

Manjaik

Thank you everyone for the input, the defence has been submitted and acknowledged now, further I will update what is the outcome. 

Le_Kirk

Manjaik said:

Thank you everyone for the input, the defence has been submitted and acknowledged now, further I will update what is the outcome. 

Don't forget there is more for you (and the claimant) to do before there is an outcome.

Defence is NOT your only job, nor the only paperwork!
There will be:
(a) Directions Questionnaire (N180) stage - an easy form.
(b) Witness Statement & evidence and costs assessment stage.
(c) A hearing at your local court. It could be a video or telephone Hearing.

This is from the NEWBIE sticky and there is also the 12-step procedure within the template defence thread you could look at.