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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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Access blocked to my garage


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who owns the land? It may be easier to get them involved rather than take civil action yourself, which will be costly. neighbour disputes never end well regardless of the rights or wrongs of each party.

Now the common areas will normally have its own landowner rather than being shared by the owners of the garage so that is why I ask who owns the land. The deeds of your property will point you in the right direction. If you own the land then you need to put one of those collapsable bollards in so no-one who isnt authorised can access it. that might not stop the inconsiderate git from parking the same way 3 yards further up though

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If the inconsiderate neighbour rents then a complaint to his landlord may well have an effect as the LL is responsible and would end up footing the bill if you did decide on legal action. somehting to let them worry about, an injunction will leave them about £8k out of pocket and a possible contempt of court fine as well focuses the mind

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the it is your land. Stick a collapsable bollard in the ground to prevent them from going there.

Now what about the other questions as to who owns the house and garage that is the cause of your trouble, it is the miscreant parker or do they rent? If they rent then get on to ther landlord and suggest they do something about it or you may take out an injunction to stop their abuse of your property and he will be paying the bill and be the one going to prison for contempt if they continue after that.

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Never assume. Go check.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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I have checked, and the land directly in front of the garage belongs to me as per the Land Registry document. By parking there what laws are they breaking?

I assume that if I parked behind them and blocked then in they would be within their rights to have my vehicle towed away?

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Theyre not breaking any laws. Same as if someone actually parked on your drive way attached to your home. No actual laws are broken. Wait until they move the vehicle, and install a bollard as advised.

 

Theyre likely well aware that theres no law against it. There was a big thing in the media a while ago about it.

 

They certainly cant tow your vehicle in your example, and you cant tow theirs.

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Looks like there is a row of 5 garages and only one way in from the street. So if each garage owner owns the freehold of the garage + the freehold of the piece of road immediately in front of it all of you (except maybe the garage nearest the public road) need to cross the freehold of someone else to get to your own garage. The right to do this should be written into the deeds. What does the Land Registry title document say about this?

 

Because you are the last garage no-one needs to cross your freehold to get to their garage so maybe you could put up bollards. But I wouldn't waste money on it, your neighbour could just leave his vehicles in front of the bollards and you'd still be blocked in.

 

Which of the garages belongs to the neighbour?

 

What happened when you spoke to them about it?

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The issue also with them blocking my garage is that I store a 2 man dinghy in there which I wish to use from time to time. There is no way I can get the trailer in or out of the garage if they park their 2 vehicles so close. Last Saturday I went round to ask them to move one of the cars only to find out that they were away for the weekend. Why is it not deemed as trespassing? There is ample parking on the street 20 yards away.

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Trespassing is a civil suit. Not a criminal one.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Ethel, yes, there is a row of 5 garages, my neighbour has the one directly next to me. I will get my Solicitor to check whats on the Land Registry. Its crazy that people cannot use a bit of common sense and be more considerate.

The neighbour said she could park "where I f.....g want to" and made a racist comment about my girlfriend. We walked away at that point.

It surely should be clear about access to the garages/right of way and ownership of land. Some posts on here and other sites say people can park where they want, while others seem to suggest an injunction could be obtained to stop her parking there. I cant get my trailer out of the garage as and when I want to which is really irritating.

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I don't think anyone was saying there was nothing you could do about it, more that it wasn't a criminal offence so you couldn't, for example, call the police. Obstruction/blocking on the public highway would be a different matter, but this is entirely on private land.

 

Ask your solicitor's advice. The standard advice for all neighbour disputes is try resolve them informally as going to the courts is expensive, almost always destroys neighbourly relationships and you may not get the outcomes you want, or find them hard to enforce. Although it sounds like your neighbourly relationships couldn't get much worse!

 

I assume from you have said that all the 5 garages are used by the freeholders who own them and none of them are let out or owned by a different landlord?

 

 

Don't put up bollards. I'm sure that all that would happen is they would move back to in front of their own garage and you'd still be blocked in. Or even put up bollards themselves to block access past their garage even when the cars weren't there.

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Hi

 

Have a wee look at this link: https://www.gov.uk/check-vehicle-tax (check the vehicle registrations to see what it says)

 

Something else that I was thinking is you mention Right of Way.

 

The neighbours have no need to access your specific Right of Way (i.e. where they have parked in front of your garage) so this is just my opinion in there actions in doing this they have obstructed your legal Right of Way to access your Garage so this may then crossover into Trespass.

 

Not my specific area so see what others say.

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then you have misled this forum with your copy of the deeds and you cant put a bollard up and they cant park. So, are they the owners of the house or are they tenants? If the latter you give their landlord a hard time as unltimately it is they who will foot the bill for the tenants bad behaviour. If they own the property that has a garage then it will be much harder to resolve this without a great deal of animus as already said.

 

 

The thing about a lot of these private parking thread is to that poeple employ some bandit to maage the parking and those companies dont actually enforce aprking control, they just use it as a licence to make money to no-one other than themselves benefit. As this is usually doen wrong we challenge their right to make money from this. When it comes to people's own land or rights we try and suggest ways fo getting the result that is best for the poster with the least trouble. anyone can sue anyone for anything and it is only whe it gets to court do you know what the actual legal truth of the matter is but there are always costs involved, even when you win.

 

 

 

 

So are the inconsiderate parkers tenants or freeholders?

All 5 garages are owned by the freeholders and the "forecourt is a shared right of way" according to the deeds
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My solicitor has confirmed following:

 

The land included on the Title plan within the red boundaries belongs to you. You are permitted to park on the land as it belongs to you, and I cannot see any restriction within the Transfer prohibiting this.

The Transfer makes reference in Schedule 2 paragraph 3 to a right over the forecourt coloured brown, which is reserved for all other persons entitled to. This is likely to be the owners of the other garages but without seeing all the title documentation for each property, we would not be confirm the specifics of each person and their right. However, In Schedule 1 paragraph 4, you are granted a similiar right over the forecourt in brown.

 

Each owner can only park within the land they own and should not park within land owned by any other person, or this may be considered trespass.

I hope this clarifies

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