Claim form-county court business centre

Coupon-mad · 19 November 2017 at 7:43PM

The words in bold were not in the original tenancy, the original tenancy agreement permitted parking.

Good, you must use that as evidence then, along with the transcripts of Jopson v Homeguard (an appeal case, so it has weight and is persuasive on the lower courts) and Pace v Noor.

The bold words relate to the T&Cs sent in 2013. The PC sent their enforcement letter to tenants in 2014 although the parking company had sent a confusing flyer in 2013 but this did not prohibit parking or mention enforcement.

Both sound like flyers/newsletters so don't call either an 'enforcement letter'.

MrsG2711 · 23 November 2017 at 10:48AM

Unfortunately when the administrator deleted my other userame i lost some posts.

I believe i lost a respsonse from coupon mad to the following:

The amended T&Cs have this about parking:
'You must make sure that you and other members of your household or visitors only park vehicles in the parking areas. If a parking scheme is in operation you and they must only park with a valid permit. You must not park where vehicles could block emergency exits'

These T&Cs are from 2013 but the flyer regarding enforcement was sent from the parking company to tenants in 2014. Permits have never been in use

Surely these T&Cs cannot vary the existing agreement with permission to park. They refer to a scheme that is not in existence.

MrsG2711 · 23 November 2017 at 11:32AM

Please ignore- I have found email address
Does anybody have an email address for Gladstones Solicitors? cannot find it on internet

MrsG2711 · 23 November 2017 at 5:00PM

Hi

In response to part 18 requesting information, I got this response

CPR 27.2 (1) (f) which states that Part 18 Requests do not apply to those cases allocated to the small claims track.

I looked it up and it seems correct-should I not bother with this request?

MrsG2711 · 12 December 2017 at 6:05PM

I, xxxx - of Xxxx of xxxxxxxxxxxxxx
This witness statement contains facts that I believe true and current
I am the tenant at the above address and have a signed starter tenancy agreement datedxxxxx permitting parking for myself and visitors. (Page xx of original tenancy agreement).

1. I do not own a car, therefore do not require parking but do rely on the ability for pick up and drop off as was the case when this invoice was issued. I have tried to get clarity from Xxxx Xxxx and XXXX Parking as all documentation is inconsistent. Xxxx Xxxx refer me to the parking company. The parking company has sent confusing information which contradicts itself (see detail listed against point 9). The housing permit their contractors to park their vans in the car park even though the signs read No Parking and No Parking at Any Time. I believe parking enforcement has been introduced to earn revenue for both XXX and XXX parking.

2. On xdate I signed the 20xx Terms and Conditions to upgrade my starter tenancy to an AST (Assured Shorthold Tenancy). Page xx under the heading ‘Parking’ reads ‘You must make sure that you and other members of your household or visitors only park vehicles in the parking areas. If a parking scheme is in operation you and they must only park with a valid permit. You must not park where vehicles could block emergency access or exit points, or where they could cause inconvenience, nuisance or a potential danger’.
3. This does not say that parking is prohibited neither does it say that a parking enforcement scheme would be put in place, therefore my understanding is that parking for myself and visitors is permitted and as permits have not been distributed we do not have to display one.
4. Xxxx Xxxx did not send a letter regarding the introduction of a parking enforcement company therefore I do not accept that my Tenancy Agreement was varied regarding this. I was not personally consulted or written to asking about my concerns. I was not given a 28 day notice to give any concerns. The Parking enforcement began on xdate, 14 days after the circular was distributed from XXXX Parking. Even if XXXX Parking had permission to change my tenancy agreement they failed to provide a 28 day notice period.
5. Xxxx Xxxx have not altered my agreement, they have simply given over the running of the car park to XXXX parking and when questioned I am told that I need to contact the parking company.
6. On xdate my friend (Defendant-Xxxx) was dropping me and my children home after shopping. I was unable to carry everything and asked for help into the lift and up to my flat. This took no longer than 10 minutes and when she got back to her car she had a ticket from XXXX parking. I told her that my tenancy agreement permits parking therefore drop off is not a problem and the parking company ticket everyone even taxis when dropping off.
7. Xxxx Xxxx tell me that parking is not allowed but when I challenge them, as it is permitted in my tenancy agreement they do not give an adequate answer and just say that I have to deal with the parking company. I called the parking company back in xdate when they put up signs and they did not listen to the fact that my tenancy agreement permitted parking.
8. Xxxx Xxxx has neglected to abide by the ‘Altering the Agreement’ steps written in the 20xx T&Cs (page x) in allowing a third party ‘XXXX Parking’ to change the terms which disadvantage tenants. There was no Notice of Variation stating the proposed variation
9. I submitted a SAR (Data Protection) request to Xxxx regarding documents held on my file relating to my tenancy agreement and any other relevant information particularly relating to parking at Xxxx. (copy of xxxxx email enclosed) confirming that these are the only documents Xxxx hold on my file relating to car parking at Xxxx.
The only document on my file, as confirmed by Xxxx Data Protection Officer was:
> Tenancy Agreement signed 20xx
The following documents were requested by Xxxx and received from XXXX parking on xdate
> XXX plan - I did not receive this at the time. The information unclear, it relates to a grace period that no longer exists and an emergency area that is not marked.
>XXXX parking circular dated xxx regarding parking restrictions sent to residents. This circular is not personally addressed to me, it does not state who instructed XXXX Parking to start enforcement, neither does it give a 28 day notice period. The circular refers to permit status when permits are not in use. The circular reads ‘Our aim is to ensure a safer parking facility for all residents of Xxxx.’ This circular is not clear in its meaning, the previous statement implies that parking is permitted with a permit, it even has an email address for permits.
10. I have been emailing Xxxx (specifically xxxxxxxxx) since August regarding any other information supplied whether on file or not, regarding tenancy and parking but they have not provided any other documentation to prove the fact that my tenancy agreement was varied.
In response to my recent requests for any information sent to tenants regarding the parking situation the responses I have received from Xxxx @ Xxxx are as follows:
>xdate – email sent requesting further info if it exists and information regarding the contract with XXXX Parking
>xdate – Xxxx response “I’m still awaiting the information. As soon as I have this, I’ll respond to you”
>xDate – Xxxx response “I’ve asked for guidance from my manager and I’ll ensure I get back to you by xpm on XXXX”
>xDate Xxxx response to Xxxx (Defendant) “As we’ve given all tenancy documents to your friend, I suggest she gives you those. This will include her tenancy agreement”
>Date Xxxx response “I’m talking with my line manager today, hopefully I should be able to respond to you by xpm XXXX”
I am yet to receive a response. The information that I have requested is very straight forward and should not take months to gather. Despite many requests, Xxxx has not demonstrated that they have changed the terms of my tenancy agreement permitting XXXX parking to ticket my visitors.
11. XXXX Parking has not demonstrated that they have taken the correct steps in altering my agreement even if they were permitted to do so.
Copies of emails attached
Along with other tenants we are at the mercy of XXXX parking who break their own rules when issuing tickets. (please see photos attached).
This witness statement contains facts that I believe true and current

MrsG2711. · 12 December 2017 at 9:11PM

Hi coupon mad
If you find the time please may you take a look at the draft witness statement for my case. This is from the tenant, mine as the defendant is just being finalised.

Many thanks

Coupon-mad · 12 December 2017 at 9:18PM

Hopefully someone else will have more time to comment further.

But I think it should be shorter, not talking so much about permits and 'enforcement began on' because that admits the resident knew that a parking scheme was starting, which plays into the PPCs hands who can then point to 'If a parking scheme is in operation you and they must only park with a valid permit.'

This should be the main point, at the moment it is buried:

permits have not been distributed we do not have to display one

MrsG2711. · 12 December 2017 at 9:27PM

Ok, many thanks
Do you not think she should say that she tried to seek clarification from both housing and pc either?

The parking circulars were passed to her from the housing, the tenant did not ever recall seeing them before

Coupon-mad · 12 December 2017 at 10:03PM

Do you not think she should say that she tried to seek clarification from both housing and pc either?

Yes, I didn't mean scrap everything else, she should just avoid going down the road of talking about a parking scheme being introduced/knowing that permits would be needed, etc. Plays into their hands if she says 'the enforcement commenced on...'

The parking circulars were passed to her from the housing, the tenant did not ever recall seeing them before

That wasn't made clear to me when I read it, as the WS is too wordy. And it's important to give dates, i.e. you're saying she only saw that later, (on what date - ish) after she asked for it, and who gave it to her. And if it doesn't state £100 charge - or any charge, nor say that terms on signs now 'somehow/magically' form part of the AST - that needs to be said clearly.

MrsG2711 · 13 December 2017 at 10:20PM

I am the tenant at the above address and have signed Appendix 1 Starter tenancy agreement dated 02Jul 2010 permitting parking for myself and visitors. (Pg.15). Additionally, on 04 December 2013 I signed Appendix 2 Agreed Variation of Terms and Conditions. These T&Cs do not say that previous parking arrangements have been superseded.

xxx Housing has not sent any other correspondence regarding the introduction of a parking company, therefore my understanding is that parking for myself and visitors is permitted as per my tenancy agreement and 2013 T&Cs which pre date the introduction of xxx parking.

As a third party, xxx parking cannot alter the terms of my tenancy agreement only xxx Housing can do this and they have not demonstrated that this process has been carried out, therefore there is no relevant obligation or contract that could vary my tenancy agreement.

The parking company was engaged on site, 20th October 2014, 14 days after their circular (Appendix 3) was issued. xxx Parking failed to provide a 28 day notice period. I did not receive this circular at the time but was given it when I went through data protection in July 2017. It is not addressed to me neither does it say who they have been instructed by.

Appendix 3 xxx circular does not correspond with the signage on site. The circular reads ‘you may be subject to receiving a parking charge notice’ and refers to parking on the access areas and emergency service areas only. Signage reads ‘by entering or remaining on this land you agree to abide by all terms and conditions. Breach of any term or condition will result in the driver being liable for a parking charge of £100’. There is no mention of a £100 charge in the circular.

xxx housing permit their contractors to park their vans in the parking area, these do not get tickets therefore why should authorised resident and their visitors. I believe parking enforcement has been introduced to earn revenue for both XXX and XXX parking.

On December 2016 my aunt (Defendant-xxx) was dropping me and my children home, I needed assistance and asked my aunt to help me into the lift and up to my flat. This took no longer than 10 minutes and when she got back to her car she had a ticket from xxx parking. I told her that my tenancy agreement permits parking therefore drop off is not a problem and the parking company are there to manage unauthorised parking and ticket everyone even taxis.

When challenged about parking being permitted in my tenancy agreement xxx housing did not give an adequate answer, they say they have ‘changed the wording’ in the 2013 T&Cs and tell me that I have to deal with the parking company who manage the site. I did called the parking company back in 2014 when they put up signs and they did not listen to the fact that my tenancy agreement permitted parking.

xxx housing has neglected to abide by the ‘Altering the Agreement’ steps written in the 2013 T&Cs (page 5) in permitting a third party ‘xxxx Parking’ to contact its tenants, trying to change the terms already set out.

There has been no Notice of Variation. Housing tenants should not have to accept a watered down version of the law, we should be treated the same as other rent paying tenants. xxx housing need to be aware of this when introducing changes that have a huge effect on tenants ‘right to quiet enjoyment’ (page 6 of 2013 T&Cs)

I requested all information sent to me since 2010 regarding my tenancy agreement, particularly relating to parking at xxx. I was told that I had to pay for a Data Protection request which could take up to 40 days.

The only document on my file, as confirmed by Optivo Data Protection and Governance Officer (xxxx)was:
> Tenancy Agreement signed 2010. The 2013 T&Cs were not on file, these were given to me November 2017 after many emails requesting a copy. I requested a copy to check that they matched the copy I already had signed up to.

The following x2 documents were requested from xxx parking by xxx and received on 1st August 2017
> Car Park plan dated 2013 (Appendix 4) – This document was not received in 2013 and I do not know how it was communicated to tenants. The information is unclear, it relates to a grace period that no longer exists. xxx parking were not even under contract at this time, therefore had no right in instructing tenants where they should and should not park.

>Appendix 3 xxx parking circular dated 6th xxx regarding parking restrictions. This circular is not addressed to me, neither does not state who instructed xx Parking.

I have been emailing xxx (specifically xx) since August regarding any other information, whether on file or not relating to my tenancy agreement and parking but they have not provided any further documentation to demonstrate the fact that my tenancy agreement was varied.

A copy of the contract held between xxx housing and xx parking has been requested as I suspect that the parking company are not permitted to seek payment through the court in their own name. xxx housing are refusing to send a copy.

I also requested details of the tender process in procuring the services of xx parking and the housing responded that as they are not charged they do not have to go through a tender process. Optivo housing has a duty to their tenants to ensure that suppliers of services perform their duties correctly. If they looked into this company they would see that they belong to the IPC who are far from competent. Most reputable parking companies belong to the BPA.

Being a charity housing organisation, I doubt this is true and am not sure if I am wasting my time in persuing this.

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