Parking charge Notice, CCJ

Lynzer on pepipoo has put up a few useful guides re residential parking cases, here:
residential pakring FAQ/info http://www.thebridesmother.co.uk/Media/residential-parking.pdf

Template letters/letter examples http://www.thebridesmother.co.uk/Media/Templates.pdf

Errrmmmm...did you send your Witness Statement and evidence in time, not less than 14 days prior to this hearing, as directed in the Notice of Allocation where you were sent this hearing date? You are the named defendant, yes?

Show us what they sent as their WS, was this it?

In their Defence they said that:
- I didn't show enough evidence that I had the right to park
- they have a contract with the maintenance company that is looking after all the flats
- they gave some examples of cases where the judge ruled in the favour of the parking companies

In their defence they send us the contract between the "car park management company" and the "flat management/maintenance company" but they haven't provided any evidence that the flat management company has got any contract with the landowner.

in their defence also stated that I didn't provide any evidence that I have the right to park there.

...and tell us what you sent as your WS and evidence? Was it this;

...we sent a copy of the tenancy agreement(ASTA) to the court and their solicitor and in the contract it doesn't say that we have to display the permit but the agreement does mention that we can not park motorcycle ,bikes or similar etc inside the flat but these can only be parked in the front garden ( front garden has a bit of green space and a huge parking with spaces for 30 cars ,given or taken, same number as the numbers of the flats plus some extra for visitors).

I did however sent them the car V5 which clearly showed that I was living in one of the flats at that time.

You should have filed the Jopson* transcript, the Pace v Mr N* transcript as well and I think you still should, in a skeleton argument, filing it tomorrow to Gladstones & the court.


*get them NOW from the Parking Prankster case law page if you have not filed them yet as evidence. You can submit a skeleton argument, so DO SO, tomorrow. Show us the skeleton argument first, looks like this (only yours will use different cases):

http://forums.moneysavingexpert.com/showthread.php?p=72047642#post72047642

There is no deadline to submit a skeleton as you do not have to, but if you do not, you are throwing away the persuasive case transcripts that could tip the balance. Go and read them right now if you didn't have them yet! You cannot just rock up to court with them, must file them first with your skeleton and you will hopefully/probably get away with them being allowed (and remember to point out that the Jopson case is a persuasive APPEAL case, not just county court level).

I didn't apply for counterclaim when filling the court paper. Can I still do anything about it? I had to take day off from work to go to court.

That's not a counter-claim, that is your costs schedule which looks like this, take this with you on Friday, set out to suit, and if you win, ask for those costs to be ordered by the Judge please:

http://forums.moneysavingexpert.com/showthread.php?p=72079752#post72079752

You CAN claim loss of leave but some Judges do not even know this, so have this up your sleeve in your notes in your 'costs schedule':

''27.14.2(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing''

Also take at least two copies (preferably three) of all your evidence, your AST, your V5, your case law, and your own WS and skeleton argument in case the Judge reckons he/she hasn't got it. Oh, and when you first get in, challenge the right of audience of the rep, if the Judge agrees, that rep will not be allowed to speak! So then you can push for the claim to be struck out because of the non-attendance of the claimant:

http://forums.moneysavingexpert.com/showthread.php?p=72015218#post72015218

Read that and the Prankster's blog about that tactic. Be ready and prepared from the word 'go' and do not allow the rep to 'have a little chat' with you outside the court, do not exchange papers outside the court, they will be tricking you, do not discuss your defence!

The Prankster says:

All defendants should read this article in today's Law Gazette and take a copy to their hearing.

https://www.lawgazette.co.uk/law/bar-council-solicitors-agents-could-face-prison-term/5059560.article

The conditions under which solicitors’ agents can be exempt under the LSA 2007 are: that the individual must assist in the conduct of litigation; must be under instruction from an authorised person (usually a solicitor) and that the hearing must be heard ‘in chambers’.

‘All individuals undertaking work as solicitors’ agents are urged to consider carefully whether they fulfil the requirements upon accepting every new instruction and when attending at court,’ the council said.

Essentially, this means that a solicitor's agent attending on their own is not likely to have rights of audience and may face 12 months free bed and board.

Defendants should also take a copy of the McShane v Lincoln judgment.

Had Mr R objected to the rights of audience of Mr Milton, it is very likely the judge would have agreed.

No he can't because a Lay Rep has to be accompanied by the Defendant or Claimant.

Yes, they do this sometimes. You must attend and you will have the floor, so to speak.

DO NOT mention loss, forget this, 'no loss' should never have been in your defence because that was kicked out by the Supreme Court in the ParkingEye v Beavis case in 2015 so nononono, this is not the crux of your case:

I asked to prove how much money they lost due to my car being parked in the space allocated to the flat

Remember to point out that the Jopson case is a persuasive APPEAL case, not just county court level - I sincerely hope the Judge will let you adduce the Jopson appeal case and the PACE v Mr N transcripts (from the Parking Prankster's case law) this late...you need them. Did you send them to the Court yesterday or not? If not, just take them anyway.

READ THEM TONIGHT!

Quote:
I didn't apply for counterclaim when filling the court paper. Can I still do anything about it? I had to take day off from work to go to court.

That's not a counter-claim, that is your costs schedule which looks like this, take this with you on Friday, set out to suit, and if you win, ask for those costs to be ordered by the Judge please:

http://forums.moneysavingexpert.com/showthread.php?p=72079752#post72079752

You CAN claim loss of leave but some Judges do not even know this, so have this up your sleeve in your notes in your 'costs schedule':

''27.14.2(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing''

Also take at least two copies of all your evidence, your ASTA, your V5, your case law (the Jopson Appeal case and PACE v Mr N), and your own Witness Statement and defence, in case the Judge reckons he/she hasn't got it.

Your crux of your defence is that you have 'primacy of contract' and the terms on signs were only ever intended by the managing agents to be aimed at rogue parkers, certainly no obligation to pay £100 was ever incorporated into your ASTA and a random third party parking firm can't vary a lease or ASTA anyway as they are not a party to that prior agreement.

You need to make it clear that even though you had a permit FOISTED on you, at no point did you 'agree' to a contract to pay £100 to park in the way you always used to, befiore the scumbags rocked up. Point to JOPSON and PACE v Mr N, they both support your case.

Also read this so you know what we mean by 'primacy of contract' and that any disregard for resident's existing rights (even implied rights to park) is tortious interference with and disregard for your ASTA terms:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

= ''derogation from grant'' (meaning the parking firm has tried to re-write the rules about something already impliedly or expressly GRANTED to you as a resident who was there first!

Also be ready to point out any flaws in their so-called evidence & WS. A pile of steaming drivel, usually!