Going to court for parking in my own spot

MrDramatique · 27 June 2019 at 5:03PM

Update (a rather interesting one!)

I may have not mentioned so far but the land management company / agent has proven rather unhelpful throughout this process and while they're all lovely people they've wanted very little involvement and have been politely dismissive. They've inadvertently admitted I have a decent case against them as the introduction of a parking management scheme isn't compatible with the lease and they can only add extra regulations that are consistent with the lease.

I sent a rather lengthy letter based on one that's linked in the forums and it really put the Land Management Company and Land Owners on the back foot.

The LMC and Land Owners have been in contact with the directors of DE and DE has stated for the record that even if the Land Owners cancelled their contract with DE or demanded that they drop all charges against me, they would ignore it.

So I said, A signed letter from the directors of the land owner's company demanding they drop all charges against me wouldn't go amiss! The Land owners have agreed to send such a letter to DE on the basis that I drop my case against the Landowner / LMC.

I'd have to agree in writing to them. So the question posed is: will a letter from the landowners signed by the board of directors, demanding DE to drop all charges against me, get the case dismissed in court?

Redx · 27 June 2019 at 5:08PM

maybe yes, maybe no, but its a powerful argument to put before the judge

a parking company who has lost the backing of the landowner would struggle to prove their case seeing as any contract must flow from land owner through the parking company via the contract, plus any lease should override the PPC anyway (primacy of contract etc)

there are no guarantees in this game, but its a powerful argument in your favour if you get a copy as well, in writing

MrDramatique · 27 June 2019 at 5:27PM

Thought it might be. In my shoes, would you agree to dropping the case against the land owner in order to attain such a letter?

I feel I'm giving up my ace.

Redx · 27 June 2019 at 5:39PM

I am not familiar with your case and have had no involvement in it, plus no legal training either, so would never give you actual legal advice

on a skim read I see no post that states you have a counterclaim in, nor that you have an actual court case against the Land Management or agency

you have submitted a defence , possibly the DQ , and eventually a WS + EXHIBITS , same as all the others we see

so not sure where this court claim against the Land Management Co or Agency has come from, never mind any thoughts on it

Coupon-mad · 27 June 2019 at 11:53PM

MrDramatique wrote: »

Thought it might be. In my shoes, would you agree to dropping the case against the land owner in order to attain such a letter?

I feel I'm giving up my ace.

I would - because I'd rather go after DE.

Presumably the scales have fallen from the landowners' eyes now they have learnt that their contractor is dictating to them about which charges can be cancelled, or not, and putting them at risk of being sued by residents?

You do not need a parking firm AT ALL. Your main revenge will be getting DE kicked out.

Umkomaas · 28 June 2019 at 8:24AM

The LMC and Land Owners have been in contact with the directors of DE and DE has stated for the record that even if the Land Owners cancelled their contract with DE or demanded that they drop all charges against me, they would ignore it.

Appalling arrogance. They must think that they are untouchable.

Presumably the scales have fallen from the landowners' eyes now they have learnt that their contractor is dictating to them about which charges can be cancelled, or not, and putting them at risk of being sued by residents?

I would emphasise this point strongly, because while you might be providing them with reassurance that you won't sue, there are x other residents who are open to harassment from DE, and you cannot guarantee what action they might take. The land owners remain exposed as long as DE remain on site.

I'd also make it clear that your letter promising not to pursue them relates only to the current charge, further tickets from DE opens the door to a similar action.

Why not float the idea that should the land owners not be able to immediately excise the DE cancer, they insist that all residents' vehicle VRMs are placed on a whitelist against which DE will not ticket.

beamerguy · 28 June 2019 at 9:27AM

Hell of a story, I agree with Coupon-mad and Umkomaas

DE are acting like the Kray Twins and are terrorising the LMC and Land Owners.

It proves one thing, DE are only interested in money and not remotely interested in car park management which one assumes they were employed to do.

Whitelisting every car is a good idea

The_Deep · 28 June 2019 at 9:32AM

I hope that, once this is all over, the MA put the word around that this company is bad news.

MrDramatique · 1 July 2019 at 9:09AM

Hi all,

So as part of the 'deal' I won't be able to get DE kicked out, at least in this particular round, and I don't have to be the person to instigate it I suppose. However a letter demanding thet DE drop all charges against me and to immediately stop pursuing me will be issued in due course, which is still good news.

I suppose this would class as new evidence, if presented could anyone advise?

MrDramatique · 5 July 2019 at 12:49PM

Hi all,

As another update, while unimportant I thought it was funny. The LMC has put my car on a contractors whitelist which will not allow DE to issue any tickets under any circumstances in the future.

I have my own electrical contracting business and I made the joke I'd fix one of the locks into the building if I was to be put on the whitelist. Turns out they liked the idea.

The LMC is issuing a formal demand for DE to drop all charges and legal proceedings against me today also. I'll get a copy too.

I feel as things might be going in my favour. At least I get to park in my spot before the court case comes to a conclusion!

Going to court for parking in my own spot

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