Claimant represented by Andrew Gibbs-Ripley, solicitor instructed by LPC Law
Defendant represented by Bargepole.
Guest report from Bargepole
This was a residential parking case in which the Defendant had parked as a visitor in the space allocated to the tenant of the property, Miss B. UKPC had previously issued a claim against Miss B, reported a month ago: http://parking-prankster.blogspot.co.uk/2017/05/ukpc-lose-residential-case-will-vicim.html
The Judge at that hearing had ruled that Miss B had an unfettered right to park, and that trumped anything on UKPC’s signage. So the key decision that DJ Harrison had to make, was whether that principle could be extended to visitors.
Mr G-R argued that a visitor was not a party to the contract between landlord and tenant and thus could not rely upon it, whereas I argued that the tenant had inherent rights in the contract, which could be derogated to visitors.
The DJ preferred the Defence submissions, so case dismissed. Costs of £96 awarded.
Prankster Note
Parking companies continue to take landowners and their guests to court for parking in their own spaces. This is a complete abuse. Parking companies are brought in to protect the rights of landowners, not attempt to fleece them.
The Prankster suggests that any parking company who does not explicitly state in their contract that they will cancel all tickets accidentally issued to residents and their guests should be booted of site and a proper parking management company brought in instead.
Happy Parking
The Parking Prankster
Excellent news.
ReplyDelete(Derogate? Is that a mixture of devolve and delegate?)
Depending on the language used in the lease, the PPC could be tresspassing. My lease specifies my parking spot by number in reference to a plan that is part of the lease. I have have rights to that spot similar to those of my flat. My assigned parking spot is not part of the common space.
ReplyDeleteThe flip side of this is that if someone I did not authorize is parked in my space, it my problem and not the management company's. Although I would expect the management company to be supportive. Any PPC engaged to manage the common parts would need a separate contract from me to stop unauthorized free parking in my assigned spot.
Other leases will of course vary.
It would also allow for a claim for a breach of the Data Protection Act if they accessed your details from the DVLA, or if they didn't stop harassing you on telling them, with evidence of it, that you are the legitimate land-holder so stop pestering me.
Delete