Residential Parking Fine Help

Skibidi20

Coupon-mad said:

I only gave you one link.  Nothing is broken. You need to search the forum for those cases, except Brennan which I have but not on dropbox yet.

Sorry I meant the links to the cases that I found on other threads. I'll keep searching. I found one just now that works .
Should I include all the cases you listed or just a few from the list?
Also I sent SARs to the parking company and their solicitor and it's been a month. Should I send a follow-up or is it irrelevant at this point?
They also didn't respond to my CPR18 and the judge asked if I wanted them to enforce it but again don't know if it's worth it now.

LDast

Is that the total sum of "parking" mentions in the lease? If so, where does it start that a permit must be displayed? Where does it say that you must also abide by the rules of a third party who is not a signatory to this lease and pay them any su they choose to invoice you with for breaching terms that are no a part of this lease?

Do you see where I am gong with this? What is not mentioned in the lease is equally as important as what is mentioned. Your lease has what is known as "Supremacy of Contract". Your lease cannot just be altered or amended on a whim by anyone. There is whole legal process to go through and requires a majority as noted in the Landlord and Tenant Act 1987, section 37 5(a) or (b). Have look at it.

Are you the leaseholder or a freeholder or a tenant under a tenancy agreement?

Skibidi20

LDast said:

Is that the total sum of "parking" mentions in the lease? If so, where does it start that a permit must be displayed? Where does it say that you must also abide by the rules of a third party who is not a signatory to this lease and pay them any su they choose to invoice you with for breaching terms that are no a part of this lease?

Do you see where I am gong with this? What is not mentioned in the lease is equally as important as what is mentioned. Your lease has what is known as "Supremacy of Contract". Your lease cannot just be altered or amended on a whim by anyone. There is whole legal process to go through and requires a majority as noted in the Landlord and Tenant Act 1987, section 37 5(a) or (b). Have look at it.

Are you the leaseholder or a freeholder or a tenant under a tenancy agreement?

I am the leaseholder.

Coupon-mad

Then the LTA 1987 applies (as linked above) and they can't just impose an additional risk of being charged £100 per day for parking. That's clearly onerous, contrary to the LTA 1987 s37 and not 'in the interests of good estate management'.

Should I include all the cases you listed or just a few from the list?

All of them.  Plus the LTA 1987 s37.

fisherjim

Skibidi20 said:

Also the judge seemed irritated that the case had been brought to court as he said the claim was small and court time is 'precious'.

I thought that's why the SMALL Claims Court was set up, and if it is that small he might suggest that the claimant is wasting the court's time not you!

Skibidi20

Thanks all. Much appreciated. Will send off tomorrow and await court day part 2!

Coupon-mad

Skibidi20 said:

Thanks all. Much appreciated. Will send off tomorrow and await court day part 2!

Shout if you can't find any of the transcripts after further searches.

You also NEED Brennan which isn't on the forum yet. I can't do this on my phone but will try to find time to pop back here tonight on my laptop, having created a Dropbox link for you.

Skibidi20

fisherjim said:

Skibidi20 said:

Also the judge seemed irritated that the case had been brought to court as he said the claim was small and court time is 'precious'.

I thought that's why the SMALL Claims Court was set up, and if it is that small he might suggest that the claimant is wasting the court's time not you!

Exactement! I wanted to tell him " This is not my idea of a fun day out either! :-D

Coupon-mad

Please could you add all the Dropbox links here?  It would be a useful resource for me to link to in the NEWBIES thread.

I will see if I can find Brennan tonight.

Skibidi20

Links below;

https://www.dropbox.com/scl/fi/xy54utt9djv55xitfp7lk/CEL-appeal-transcript.pdf?rlkey=304syf9czf5arl3i1u1ircjln&dl=0

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Pace v Mr N C6GF14F0 [2016]

Link Parking v Ms P C7GF50J7 [2016]

https://www.dropbox.com/s/xfx25wgm3nlqkyc/Claim No. C0DP9C4E:M17X062.pdf?dl=0

https://www.dropbox.com/scl/fi/w0k19zxzlpf9eumu68u7b/VCS-v-EDWARDS-Transcript.pdf?rlkey=5t2gilebrjx7g0d6jmy32lou4&dl=0