Private Resident vs UKPC. Taking me to court

[Oddfellow]

You'd need to look at the precise wording of the lease, but if there is no mention to the contrary,

I would have thought that anything on the title would be included in the lease,

meaning that you have supremacy or primacy of contract, and they can't touch you for not having a permit.

 

Others with a professional eye (EB et al) may be able to advise.

[Rebecca91]

Luckily all it says is -

 

26.10.2007 Apartment XX (Third Floor) 01.10.2007 XXXXXX

1 (part of): and parking space 125 years from

17 24/6/2006

 

No permit in the file (Searched for it )

[Oddfellow]

To my (untrained) eye, that sounds very positive, and may be all you need in terms of a defence. There was a very recent case (last few days) on the Parking Prankster blog relating to claims by a PPC against tenants who have primacy of contract in their lease. Look it up.

 

 

Good luck

[ericsbrother]

point covered twice, as an easement and part of the lease.

 

 

No-one can alter these without your consent, not the parking co, nor the managing agents and not even the freeholder.

 

 

the latter can go to court to force a change if one cannot be agreed upon, if it is for the general good but that isnt going to happen just to allow some cowboy to make a few quid at everyone else's expense when the landowner doesnt profit

 

the parking space is part of the flat,

in this matter the parking co has no rights to tell you what to do inside you flat so they have no rights to tell you what you can do with your parking space.

 

I would consider sending them a letter inviting them to discontinue or you will be seeking damages for trespass and harassment as per Davey v UKPC.

 

 

They havent really learned from the past but this short separate letter to them will not only let them know that their costs may not be limited to £50 court fee thrown away but a few thousand and possibility the chance to go to prison for contempt (in reality a fine plus damages) and also you are aware they are serial offending muppets.

 

 

You can also name the managment co in the injunction to force them to stop allowing UKPC onto the site as all of the other parking spaces would be covered in the same terms and they have conspired with UKPC in a way that has allowed them to trespass and harass you.

 

Also see M v UKPC and Dr M v UKPC for other cases where they ahve been told off for being stupid in residentail parking matters. There are loads of others as well, 3 in one day at one court.

 

Another thing,

as they ahve no legal reason for doing so they have obtained your keeper details unlawfully and you can go after them for that as well as a brwach of the DPA.

 

 

Again, the parking prankster has a recent entry on his blog that explains all.

[Rebecca91]

Another thing, as they ahve no legal reason for dooing so they have obtained your keeper details unlawfully and you can go after them for that as well as a brwach of the DPA. Again, the parking prankster has a recent entry on his blog that explains all.

 

Thanks for the advice here

 

I have sent UKPC a long letter stating the above, along with that once the case has gone through, I will be following up on the above charges. I cant see them backing down for some reason, so im excited to get the outcome of the court case, and follow up with this headshot back at them!

 

[ericsbrother]

bad ideas, the short letter telling them they are in the s*1t would have kept the rest of your powder dry so to speak. Nothing in getting them to discontinue would make any difference to your right to sue them but then you could have done things at your own pace and on your terms. They now have a financial imperative to actually continue as they may think it worth risking a few quid so stop them losing a potentail fortune by hoping the judge may say somethinglike they do have a right to be there but just not in your space.. They then get away with saying sorry and you dont get the injunction.