"Parking Battles: How One Tenant Outsmarted Parking and Property Management Ltd with Wit and Grit!"

In a recent legal battle before the County Court at Aldershot, a tenant secured a significant win against BW Legal, who represented Parking and Property Management Limited (PPML). This case serves as a stark reminder that tenants should be vigilant about their rights when it comes to parking spaces and should not hesitate to challenge unfair and unlawful practices.

The Tenant's Background: Our former client had been a tenant long before the introduction of parking management scheme by the landowner. Initially, they enjoyed an unfettered right to park on the premises. However, in December 2020, the tenant received a notification from PPML stating that they could no longer park without displaying a permit without any alternative option.

Unjust Ticketing Woes: Throughout 2021, the tenant received multiple tickets for failing to display a permit, either as the driver or registered keeper. Despite being a tenant and reaching out to PPML, the charges remained in place.

Legal Proceedings and a Hasty Defence: Legal proceedings were initiated against our client, with poorly constructed pleadings that breached CPR 16.4(1)(e) and Practice Direction 16.7.5. Our client sought our assistance after filing a defence. The first hearing took place but was adjourned because PPML, through BW Legal, claimed not to have received our client's witness statement.

Address Change Challenges: During the second hearing, our client was not properly notified, even though both the court and BW Legal were informed of an address change. After judgment was obtained in his absence, we advised our client to engage our partner Lawrence and Associates Solicitors to make an application to set aside under CPR 27.11. BW Legal opposed this application.

Turning the Tide: Represented by Mr. Jackson Yamba, acting as a solicitor agent on behalf of Lawrence and Associates, our client successfully persuaded the court to set aside the judgment with costs reserved albeit the application was opposed by BW Legal.

New Evidence and Legal Arguments: At the final hearing, BW Legal introduced new evidence in the form of a witness statement and raised new points. However, our client was also permitted to rely on their old tenancy agreement. The most compelling argument put forth was that there was no valid contract between PPML and the defendant, as PPML failed to provide any consideration.

A Clear Victory: Given that our client had an unfettered right to park before the parking management system was introduced, the parking management did not provide any benefit to them. Without consideration, a legally binding contract under English law was not formed. BW Legal received a timely refresher on the fundamental principles of contract law. As a result, the claim was dismissed, and PPML was ordered to pay £560 in costs.

Tenant Rights Matter: This case serves as a crucial reminder that tenants should not be bullied by entities like PPML. It underscores the importance of checking your tenancy agreement thoroughly before paying any parking charges. If your tenancy grants you the right to park without requiring a permit, do not hesitate to challenge any unjust parking charge. Should you require assistance in such matters, please don't hesitate to contact us immediately.

In the battle to protect tenant rights, this victory is a testament to the importance of standing up against unfair practices and ensuring that tenants receive the rights and privileges they are entitled to.