Multiple county court claims?

https://forums.moneysavingexpert.com/showthread.php?p=74535137#post74535137


You need to go to the management company/freeholder and complain, complain, complain. And like MercilessKiller in this thread you need to dig, dig, dig

Good, less complications if you are actually the leaseholder.


1. Were parking regulations in force when you purchased?
2. What does the lease say - is the parking space part of the "demised property" (ie you actually own it) or do you just have rights to park in it?
3. What does the lease say about restrictions on that parking (eg no commercial vehicles, only 1 roadworthy vehicle to be parked etc).
4. Elsewhere in your lease there will be something called "estate regulations" or similar. These will be defined in the definitions clause. The definition may be important. Then there will be a clause somewhere saying the freeholder or MC has the power/right to introduce new estate regulations (often with wording that they will be for the good/effective running of the estate for its residents or something like that). This is the tricky clause. Some judges will say this gives them the right to introduce parking regs, but that's when you have to look closely at the precise wording in the lease as to whether those rights extend to the parking areas or not. eg the regs may be defined as applying only to the common areas, and the definition of common areas may not include the parking area. You will argue that even if the right exists, new regulations have to be for the benefit of the estate and regulations targeting innocent residents are not, and any new regulations must be properly introduced. Furthermore, the only right they have under the lease to charge you will be in the service charge/ground rent clause. They are not permitted to charge you a separate sum for failing to comply with estate regulations, and there will be no right to enforce on you a contractual relationship with a third party (the PPC).


You need to do what merciless killer and hairray did and write to the management company/freeholder. Merciless Killer discovered that in his case the contract between MC and PPC actually contained a clause that the MC was entitled to call for tickets issued to residents to be cancelled, and MK had lodged his VRM for the residents' white list. Hairray threatened to sue the MC/freeholder for breaching his right to quiet enjoyment of his property (which included the space). Both got their tickets cancelled, but both had to be very feisty with the MC/freeholder and were initially fobbed off.


You need to fish out your lease and read it carefully and then write to the MC/freeholder as those other leaseholders did.


You also need to write to Gallstones to tell them that there are 3 pcns and they clearly need to be dealt with together because they arise out of the same circumstances/set of facts and it is clearly a breach of CPR Part 1 for their client to pursue you separately in respect of each one. Also spell out to Gallstones why you say you are not liable (you have pre-existing rights to use the parking space in accordance with your lease and their client has no right to interfere with those rights).

Yes. I think if the lease demises the parking space, then they can't introduce restrictions for using it. If parking regs were already in force when you bought, these were not part of the lease because they aren't mentioned in it.

I'd certainly argue that clause only applies to the common areas - eg visitors parking, not parking out of the spaces etc.

"Traffic" also implies movement - look at the dictionary definition. Eg is the purpose of that clause to control movement (eg introduce a one-way system) or parking?