Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - thevaliant

Pages: [1]
1
Still plenty of defence angles:

Do you need to display a permit? Lease appears to say not, but the usual 'reasonable regulation' rule rears its ugly head.

Is it reasonable for a lessee to be required to display a permit? (Probably)
Is it reasonable, if the lessee DOESN'T comply with the requirement to display a permit, for an unknown stranger to the lease to be paid 100 - highly unlikely.

The landlords options, if the lessee fails to display a permit AND the display of a permit is deemed reasonable (by a judge) would be for the landlord, the freeholder, to undertake legal action against the lessee for breach of the lease. This might include damages, or in extreme cases forfeiture of the lease. Under no circumstances would it mean the lessee had to pay some random fellow walking past at the time (ie, a PPC).

Run that defence too.

2
Where's the lease?

The Deed of Covenant is what you use when you assign the lease.
The 'rules' are just a piece of paper.

If your lease grants you the right to a space, marked out on the plan, then I'd be more straightforward.

"Dear sirs,

As per the lease (attached) between myself and FREEHOLDER of DATE, you will note that I have leased the land on which my vehicle was parked from DATE to [999 years from now]. There is no requirement in the lease to display a permit, and even if there were, failure to do so would be a breach of the lease remedy of which is between myself and the FREEHOLDER.

For the avoidance of doubt, I am the landholder of the land my vehicle was parked upon.

If any party has been misled into believing that they (or someone else) is the landholder and that they can enforce a parking regime on my spot, that is between those two parties.

I will not be paying a parking charge for parking on my own property, nor will I display a 'permit'.

Yours etc,"

But only IF the land is yours. What does your lease show?

3
Who owns the land on which your visitor parked?
Or more accurately, who employed the parking management company?

If the land is owned by a freeholder, who is the freeholder? Did the freeholder delegate parking to a PPC?

In residential parking situations, the status of the land (is this communal held by the freeholder?), the relationship with any management company, and their relationship with any PPC is probably more important than signs.

Over on Pepipoo, at least one case arose where a block of flats had the Residents Association (which has no legal standing in a lease) employ a PPC.

Pages: [1]