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Help for reply to LBC where they've done a drawing!
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It's in the post tonight. Just the wait for whatever rubbish they send back now.0
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Well, we have received a court claim for one of the vehicles - the one that only has a drawing. When we originally appealed against this, DE sent a letter that had "guidance from the land owner" who claims that I or anybody to do with me are not are not allowed to park and they "do not need to put any signs up."
The land is open to the world so how can he decide who is to do with me and how can he enforce this without permits or proper signs?
I'm concerned that his word (being the land owner) will have more value in court than mine as the defendant.0 -
That looks good.
If you are forbidden to park there, how can you possibly agree to a contract to park there?
Definitely cannot be a basis for forming a contract.
My understanding is that in this situation the only way they can sue you is for trespass, and only the landholder can do that.0 -
They are admitting there are no signs? then how can there be a contract?
You aren't parking on the land, just crossing it? Then it's a trespass and only the landowner can sue, not the PPCAlthough a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
We have to cross the land to get our property and it says in the lease we have the right to pass and repass. The land owner's definition of parking seems to be any moment we're on his land. The company that owns the land changed hands and we had a very good relationship with the previous people who ran it.0
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in the lease we have the right to pass and repass.
Lease has priority. You might want to have a word with the new owner and point this out as it is an interference with that lease and you could take action against them* - but a quiet word is probably best.
*Injunction not to interfere with the lease - costs will be against them.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Shall I mention their admission about signage and so no chance of a contract in my Defence? or does this go in my Evidence bundle?0
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This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
Hospital car parks and residential complex tickets have been especially mentioned.
The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.You never know how far you can go until you go too far.0 -
McClymont v Primecourt was a bit like this case, I think. Parking easements created from a right of way.We have to cross the land to get our property and it says in the lease we have the right to pass and repass.
Not sure if there is a transcript hosted by the BMPA about that one.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Put it in your defence.
These claims are for breach of contract, although that is not clear from the Particulars of Claim.
So you say something like
It is not clear under what basis the claim is brought. Assuming that it is for a breach of contract, the Defendant denies that any contract was formed between him/her and the Claimant, for the following reasons:
1. There was no offer of a contract capable of being accepted, because no terms were communicated to the Defendant in any shape or form (eg by way of signage);
2. The Defendant did not park on the Claimant's land, (s)he simply drove across it in order to reach another property, in accordance with his/her rights to do so set out in a lease dated x between the Defendant and y.
Alternatively, if the claim is brought for trespass, then the Defendant denies trespassing on the Claimant's land because (s)he is exercising his rights to pass over the land granted in the lease between the Defendant and y.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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