Help me with POFA compliance

energy1x · 4 June 2017 at 7:24AM

The driver is an owner with leasehold title, pre-dates PPC.

Quick question, is the landowner in residential car park cases the person the ground rent is paid to?

If so, why or what is the legal standing of a management company to contract the landowners' land (car park) when it should be the landowner themselves making such a contract with a PPC?

I'm going to ask the driver for their recent ground rent and see who/what this organisation is. On any contract between PPC and the landowner it has to be the landowner not the management company who makes the contract? I understand from other threads a lot of times its the management company that contracts, but do they have authority/consent for this from landowner? How can I find this out?

Coupon-mad · 4 June 2017 at 1:23PM

The driver is an owner with leasehold title, pre-dates PPC.

Good, so if they had an unfettered right to park then this gives them primacy of contract, especially if they can prove that bay is meant to be for residents (was always previously for residents) and is now either ambiguous, unilaterally removed/changed, or incorrectly marked.

Use Saeed v Plustrade ''a grantor must not derogate from his grant'', which was all about a managing agent trying to take away parking spaces previously granted, and they tried to charge for them. The entire transcript can be found by Googling or it's linked here:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

Quick question, is the landowner in residential car park cases the person the ground rent is paid to?

Yes, unless the ground rent is paid to them via an agent.

If so, why or what is the legal standing of a management company to contract the landowners' land (car park) when it should be the landowner themselves making such a contract with a PPC?

Good question. The authority could come via the agent but must flow from the landowner. But more than that, the argument for your defence is that such an attempt is a matter of derogation from grant and a third parking firm cannot vary the lease, and cannot in any case ''re-offer'' parking which was already granted in the lease.

energy1x · 4 June 2017 at 6:16PM

Been in touch with the driver and they have dug up their latest ground rent demand. It is handled by an agent, but luckily it names the 'landlord' which I assume is the ultimate freeholder/landowner. The name of the freeholder is different to anything mentioned in the Lease, but obviously the freehold must have been sold on in recent years.

Is this a problem? How much do I need to prove who the landowner is? I'm hoping to simply add the ground rent demand as evidence that the landowner is most likely not the party who contracted with the PPC. How can I find out if the management company is allowed to contract on the landowner's behalf? Is this quite common or even worth pursuing? I need to wait till the PPC submit their bundle anyway to see who their contract is with...

The driver has spoken to neighbours, one is a Director of the management company and said they simply introduced the scheme, despite many residents not being happy with it. No lease variation has ever occurred, ever for any reason let alone parking.

Coupon-mad · 4 June 2017 at 7:25PM

The space the driver was parked in has been signed and painted on the ground as a 'Visitor' space. However, the Lease shows that the car park is simply allocated or unallocated (communal) spaces. This fits the wording of the Lease with regards to the parking. How much of a point is this to make in my witness statement?

Massively important - like the situation in Saeed v Plustrade then. You are supported by case law.

energy1x · 6 June 2017 at 6:53PM

That's good news. In regards to the case law/transcripts, do I need to include these all as exhibits or just make sure they are present in my overall bundle? What is the difference between the 'bundle' and the witness statement + exhibits I refer to? I'm planning to shove everything into a ring-binder folder with A4 plastic folders protecting each page. Is this standard?

Lamilad · 6 June 2017 at 7:20PM

What is the difference between the 'bundle' and the witness statement + exhibits I refer to? I'm planning to shove everything into a ring-binder folder with A4 plastic folders protecting each page. Is this standard?

The "bundle" is the package of documents you give to the court and the claimant before your hearing. It contains your WS and exhibits and any other documents you wish to rely upon.

Organise your bundle in a cheap ring binder with tabs/dividers and an index page. Don't waste money on poly pockets. The judge won't thank you for having to pull out all the pages

energy1x · 23 September 2017 at 3:44PM

Hi guys, I'm at hearing stage with this claim.

The Claimant sent me their witness statement and bundle which is very similar if not exactly the same as recent other posters with the same PPC.

Coupon-mad · 23 September 2017 at 3:54PM

or even a letter directed to the Judge in some way before the hearing?

I would do exactly that, on Monday morning, taken to the court in person if someone can. Doesn't have to be anything legalese, you've made the points in the above post so write it like that, in an honest way.

And email Gladstones telling them their evidence is not allowable as it's too late an you have objected to the Judge about it, and then encourage them (if you want to offer a drop-hands offer, no costs being claimed either way) to discontinue and vacate the claim before the hearing.

Like here:

http://forums.moneysavingexpert.com/showthread.php?p=73165611#post73165611

...with a hefty costs schedule (over £200) attached to focus their mind to drop it all like a hot potato.

energy1x · 23 September 2017 at 4:09PM

That's great, thanks for the advice.

Coupon-mad · 23 September 2017 at 4:17PM

energy1x wrote: »

I'm concerned that by sending Gladstones an offer to settle, which they will most likely simply ignore, that when it gets to the hearing the Judge could interpret this as a sign of weakness or lack of confidence in my ability/belief of prevailing?

No, because if you head it 'WITHOUT PREJUDICE' then it can't be shown in court or referred to.

And I don't expect Gladstones to ignore it. I think they might well discontinue and it's worth pushing them over that cliff.

Help me with POFA compliance

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