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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a end of terrace property in London on the side of

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I bought a end of terrace property in London on the side of which is a private and narrow pathway, for just one car only to pass through, running on the side of my back garden, between my street and a parallel street. I have the right of way for vehicular and pedestrian access to my garage the entrance of which is on the pathway towards my garden from both ends of the pathway. The properties with addresses on the large main road parallel to the pathway are rented to second car sales companies with garages on the rear, entrance of which garages is through the pathway. Some of these properties own part of the pathway with restrictive covenants to allow my property vehicular and pedestrian access to my garage. Unfortunately, second hand cars are being washed and parked the one behind the other on the pathway all daylong blocking my right of access to my garage. ( I have knocked down the old garage and have obtained planning permission to rebuild a new one).
The Council said they cannot do anything as this is a private pathway and the police told me they will force them not to park and block my right of way if I get an injunction.
My question is : who shall I name as defendant for the injunction:
Can I only go for the freehold owners only and they to prohibit all , tenants, occupiers and whoever is in the garages who parks on the pathway?
There are the registered owners of the properties but then, there are various second hand car cos and some occupiers of the small garages not even registered as cos, all doing some kind of business eg dismantling black cabs , washing cars and car engines etc. I want to apply for injunction without a lawyer.
And, do I have better chances to win if I go for one by by one, eg take one first, win, then take another injunction against the second one. There are only 6 addresses, with 6 freehold owners, 2 leasehold owners, 4 very small limited companies with Directors and one garage has a piece of paper with a first name only and a tel no only outside ( this one dismantles cars).
In all the land registry titles of these 6 properties it says that : the land tinted blue on the title plan is subject to a right of way on foot or with motor vehicles for the benefit of ...(number and street of my house). The extent of this right having been acquired by prescription may be limited by the nature of the user from which it has arisen.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is,Alex and I will help you.
Is the freeholders who are allowing this to happen?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
No,
Expert:  Ash replied 1 year ago.
When would you like me to call?
Alex
Customer: replied 1 year ago.
Is it convenient tomorrow Sunday 31/1/16 between 10 am and 11 am? If not, pls specify some other time, thank you.
Customer: replied 1 year ago.
I must go now, pls text me to confirm for tomorrow or, if not, suggest other time.
Expert:  Ash replied 1 year ago.
Tomorrow afternoon Would be better? Just come on here and let me know when you are about.
Alex
Customer: replied 1 year ago.
Tomorrow afternoon, shall we say between 13.00 - 14.00?
Expert:  Ash replied 1 year ago.
Yes if that's ok
Alex
Customer: replied 1 year ago.
Confirmed, I will expect you to ring me between 13-14.00 .
Customer: replied 1 year ago.
Alex hi you have not rung, between 13-14.00 today, can you ring now pls, pls let me know as I am waiting. Thank you.
Customer: replied 1 year ago.
Alex, I will come up again here later for this phone call, hope you are working today since you confirmed that you would ring me ? If I knew it would have taken such long wait to communicate via a tel conversation which I thought a very good idea to follow this quickly, I would have opted for the reply in witting.
Expert:  Ash replied 1 year ago.
Yes I am here and tried but couldnt get through.
Let me know when you are in signal and your number and I will call you straight away.
Alex
Customer: replied 1 year ago.
Pls try my land line 0207(###) ###-#### ***** am here.
Strange, my mob shows good signal,
Expert:  Ash replied 1 year ago.
Calling now.
Alex
Expert:  Ash replied 1 year ago.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
Form N208
Alex
Customer: replied 1 year ago.
Alex you said to put one only defendant on the injunction form N16A ( there may be 6 defendants) and all 6 on the claim form N208. I do not wish all the defendants to see each other, and I think the claim form will be sent to each defendant. How can I avoid them seeing each other? Could I submit separate claim forms N208 for each one, and does this increase the Court fee, if any?It says I need to submit 3 copies of the forms to the Court, correct?
Expert:  Ash replied 1 year ago.
You can't avoid them seeing each other. You need to have one claim - it all needs to be litigated together.
Alex
Customer: replied 1 year ago.
This a follow up question but I am happy to pay in full for it. Pls tell me how shall I pay I write it here as the previous write up already provides the background. I have identified 11 defendants, cos and individuals, which I thought To group in 3 categories, all blocking the pathway but each of the 3 groups in a different manner. I am seeking injunction for all defendants to be forbidden to block the pathway with cars they repair, and or wash on it and taxis being dismantled and left on it.
Each defendant has a different registered address shown either on the freehold, or the leasehold, or the companies house, none of these addresses is on the pathway: eg there are 11 addresses ( each defendant either being the freeholder of a garage, another the leaseholder, other limited cos being tenants with different freeholders whom I will not bother with). The garages do not have names/labels on their doors.
I prepared 3 Injunction forms N16As, one for each group, and each form having , 2 , 5 and 4 defendants respectively, I want to see if I can pay only one Court fee, or max 3 fees ( each £280). Then I prepared the Claim form N208 where I put all 11 defendants , and their addresses on page 1 and described the case in the Details of the claim section. My questionAttached are 1.the titles and plans from the Land Registry for the properties from 1144-1156 London Rd, showing my right of way on the pathway by car and on foot.( approx 41 pages). 2. 34 photos, 2-3 General ones showing cars parked one behind the other on the pathway, and the remainder of the photos grouped in the 3Groups.
3. The co details of the limited cos from the companies house, 4. Some communication wi the Council ( 7 pages)QUESTION: the court requires 3 copies for an injunction: but with all these 11 defendants and 11 different addresses, do I need to make 11 copies of the supporting docs x3= 33 copies
AND
If , as the case is. 4 defendants with 4 different addresses area or example on the same N16 injunction form, do I need 3 copies of all supporting documentation for each one of the 4?And if I give to the Court so much paper and they have to deal with 11 addresses , though all is described in one claim , how many fees do I need to pay?It is best if I send you the claim description and the 3 injunction forms to understand better, how do I attach files?

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