DCB Legal Court Date March Resident

h2g2

Do you still have the tenancy agreement? It should have the landlord's name and a serviceable address on it.

Perhaps the suggestion from the judge was that you could recover this money from the landlord, if they gave you a contract with parking rights that did not actually exist.

This is a worrying result for anyone on ASTs. An invitation for PPCs to abuse tenants on ASTs knowing that the landlord most likely won't give a flying something-or-another about it. If the tenancy agreement included the right to use the parking area without extra charge (I can't remember what it said - I'm sure it's somewhere in this thread) this result would imply that the signs are stronger than the AST contract?

Colonizemars

h2g2 said:

Do you still have the tenancy agreement? It should have the landlord's name and a serviceable address on it.

Perhaps the suggestion from the judge was that you could recover this money from the landlord, if they gave you a contract with parking rights that did not actually exist.

This is a worrying result for anyone on ASTs. An invitation for PPCs to abuse tenants on ASTs knowing that the landlord most likely won't give a flying something-or-another about it. If the tenancy agreement included the right to use the parking area without extra charge (I can't remember what it said - I'm sure it's somewhere in this thread) this result would imply that the signs are stronger than the AST contract?

Yeah I still have it. Judge didn’t ask to see any of my exhibits although she had them upfront. I brought extra copies. I stated my contract doesn’t say I need to display a permit. It says that I can use any bay permitted. I told her I have a key fob for entrance into the car park. I told her that I have had another claim for the same building struck out. She didn’t care. She granted them interest of 4% and 160£ per PCN 19 in total 

I’m devastated because I can’t pay it. And now my credits going to be ruined 

Colonizemars

If anybody knows if I can appeal it or if it’s worth appealing will appreciate all your feedback 

Colonizemars

Also I don’t know if it matters but she was a “recorder” the other claim that got struck out was by a judge 

h2g2

I think we'd need to see the judge's reasoning before advising on that. For an appeal the original judge needs to have made an error on fact or law, I believe. So if they take something demonstrably wrong into account (e.g. saying you weren't a tenant there) or an error of law (e.g. forgetting PoFA) there may be grounds to appeal there.

Coupon-mad

Colonizemars said:

If anybody knows if I can appeal it or if it’s worth appealing will appreciate all your feedback 

For that amount it's got to be worth asking Jackson Yamba at Contestor Legal:

https://www.contestorlegal.co.uk/

They are great.  Get onto them now.  The only specialist barrister re private parking.  Remember to tell him that you had another exact same facts claim struck out by a different Judge. That's relevant.

It WILL cost you a fee to appeal (and CL's fee) but the idea is to get the transcript of the hearing today and apply to the court to appeal, if he agrees there are grounds.  

Those fees may likely add up to £1000, but if he wins the appeal he will ask the Claimant for his costs.  It is also costing you a quarter of what this deluded Judge ordered.

£60 debt recovery fee x 19 is in itself ludicrously blind of the Judge, IMHO.

DO NOT APPEAL IT WITHOUT THEIR HELP.  YOU NEED A SPECIALIST NOW.

Colonizemars

Okay getting on to it today 

how do I get a transcript? 

Coupon-mad

Like I said.

Do not do this yourself.

Colonizemars

Defo not filling out the form on the link you sent right as we speak 

do I have to request the transcript or will Mr Yamba do this 

h2g2

I believe Mr Yamba could do it on your behalf.