Sunday, 9 July 2017

Millenium lose Copper Quarter residential case yet again in Swansea

Millennium Door and Security v Ms J. C4GF4V5A. Swansea. 07/07/2017. DJ Osborne.

Millennium had another full day in Swansea on Friday, with 5 hearings. The Prankster only knows the result of one, but if they all went in a similar way then Millenium will have had a bad day.

Ms J was a tenant at the Copper Quarter and had written permission from the landlord to park. The landlord had the right to park in their lease. Millennium argued that their signage overrode the lease. Ms J disagreed, arguing primacy of contract. Millennium used Gladstones to file a court claim.

The Hearing

Ms J represented herself. This was the second hearing.

Millennium dismissed Gladstones the day before and were represented by their owner David Bellis, with India Beaven tagging along as witness.

Ms J opted to cross-examine India, who apparently was less than impressive.

DJ Osborne ruled that they failed to prove their case. They demonstrated no chain of contracts from landowner to the defendant. Neither BDW nor Barratts owned the land - this was sold in 2011.

Millennium relied heavily on schedule 7 of the lease (which allows the management to introduce regulations for the benefit of tenants) and claimed this covenant is transferred with land ownership. They argued this part of that lease allowed them to bring in parking management systems without any changes to lease. They claimed BDW were acting as agents of the landowner but were unable to prove this.

There was also a lack of compliance with the IPC code of practice as they could not show written authorisation from the land owner or managing agent.

Millennium, you've been Gladstoned!

Happy Parking

The Parking Prankster

1 comment:

  1. There can't be many more left for Copper Quarter as Millenium were booted out last year.
    It surprises me that they keep doing court for there when they get a kicking from an easily defended case, BUT, hey, it's PPC land so probably understandable. Greedy bastards.

    I've said it so many times that this sort of thing does need governmental control.