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.
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!
The Parking Prankster