CPM / Gladstone - now got a court date

KingsArms

@ Coupon-mad - thanks. 

Good spot on "transcript below". I missed that one and now referred to Exhibit 01 which has all of the case law quoted. On your point they can't be links I may have misunderstood your point in your response of 22nd Nov which says to use the links. ??

I've had to write the exhibit number of some of the documents as they are originals which I've scanned into PDF's. So hopefully that's acceptable.

KingsArms

@Coupon-mad

Just to add I'm tight on space in terms of pages as I'm submitting the property lease, which I think is my strongest argument. If I can't include the links could I reference the supporting cases I've included and be prepared to reference them further on the day ??

KeithP

KingsArms said:

Just to add I'm tight on space in terms of pages as I'm submitting the property lease...

Surely you only need a page or two from the lease? Maybe just a couple of paragraphs?

KingsArms

@KeithP

I was just concerned from an audit and completeness perspective so I could evidence there were no other references to resident parking

KeithP

KingsArms said:

@KeithP

I was just concerned from an audit and completeness perspective so I could evidence there were no other references to resident parking

You could just submit the relevant paragraphs and state "there are no other references to resident parking in the lease" - thus leaving it to the Claimant to prove otherwise.

KingsArms

@KeithP

Thanks. Good suggestion. I will also take the lease so if the judge wants to review I will have it in full.

Coupon-mad

KingsArms said:

@KeithP

Thanks. Good suggestion. I will also take the lease so if the judge wants to review I will have it in full.

Good idea.

And sorry to confuse you. Ideally the transcripts should not be links but I see you were trying to keep it under 50 pages so I did earlier suggest you might just provide links of the cases.

Certainly take printed copies of EVERYTHING  x 2 on the day including the full lease.

KingsArms

@Coupon-mad - thanks and no problem.

Interesting development in that in response to my WS the solicitors have submitted a supplementary to their original statement. It's outside the 14 days so I wonder if it will be accepted.

Anyway they have submitted the supplementary to try to "narrow down the issues" and to summarise it basically says 

1. I didn't provide them with the full copy of the lease !!
2. That they were instructed to manage the parking before the date of the lease.
3.  That the onus is on the driver to check the signs !!
4. that the onus is on the resident to ask for a parking permit if they don't provide one !!!
5. goes on to say the signage clearly points out additional charges will be payable

All strikes me as pretty desperate but any view ?

KingsArms

@Coupon-mad

Just to add they are referring to paragraphs in the lease as a counter to my point about them overriding the lease which I need to look at but on first pass is nonsense arguments.

KoalaMSEF

It's pretty standard. We had an exact case as yours. They are not new and if you went through IAS (which you didn't), you would have exactly the same wording. It's copy and paste. 

So, as I read, 2, 3, 4, 5 are the standard arguments from private parking companies. A different PPC repeated the same argument in ours. 

Re point 1, usually, there is a "sweeping clause" in the lease, saying something like the MA or the freeholder can bring in extra regulation to "maintain" the communal grounds, in some cases, including parking space. This was the one that the PPC and MA in our case argued. I suspect that may be the one they are referring to. 

The primacy of contract still stands (esp. re. 4, and maybe 3), along with (a) peaceful enjoyment granted by the lease and (b) benefits for the extra regulation. For (a), you will need to look at your lease more closely. Unless there is a specific clause says parking by permit in the lease, black and white, it cannot be inferred as such by some vague wording of 'regulation.'

You could get a nuanced view https://forums.moneysavingexpert.com/discussion/5711267/ppc-on-residential-site-fightback-against-the-ma?utm_source=community-search&utm_medium=organic-search&utm_term=hairray and a LBC letter https://www.scribd.com/document/348759693/Lbc-to-Ukcpm-Hairray (Scribed requires a card for free access for one month. remember to cancel the subscription and it costs zero)

For the other matters, I will leave to coupon mad and others.