County court claim for parking please help

The_Deep

CM, indeed, I was forgetting that it was an appeal.

System

Have you been in contact with the Management Company about this and asked them to look into it as preying on residents appears outwith the remit that UKPC were given. See if you can get something on paper from them.

https://beta.companieshouse.gov.uk/company/05096158

caminch1993

Is there anything you guys think i am missing from this?
any evidence that you think i should include in this WS to help with my case?

Coupon-mad

caminch1993 wrote: »

Is there anything you guys think i am missing from this?
any evidence that you think i should include in this WS to help with my case?

If you can get something in your favour from the MA, as IamEmanresu suggests, that would be extremely good and add weight to your defence.

Loadsofchildren123

Your statement should tell your story. Think of someone (like the judge) reading it for the first time. First of all you should set the scene. I think you need to start with explaining you are a tenant, and what rights to park were granted with your tenancy (so move 9/10 up) and then go on to say what happened on the dates in question. Then move onto signage etc.
State the fact then refer to the exhibited document which evidences it.

At the moment it isn't coming through clearly enough. It's all there but it needs a bit more thought.

caminch1993

Thanks LoC.... How is this looking now??


I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

In my original defence I asked the claimant to provide me with particulars of the claim that comply with Practice directions which included, photographs, contracts, site maps, and details of the claim. The claimants deliberate refusal to cooperate, by not providing documentation or a proper explanation of their claim, has affected my ability to fully defend the case, as i have had to make assumptions as to what exactly the claimant is attempting to claim for. I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction and believe it is unreasonable behaviour not to provide me with such.

I as the defendant deny I am liable for the entirety of this claim for the following reasons:

1. As a resident of St Michaels Park, Bushey, there was never any written or verbal agreement within my shorthold tenancy agreement that I was to display a parking permit, pay for a ticket, or pay penalties to a private parking company for non-display of such. I note that Primacy of contract cannot be amended by Private parking company signs, unless I have agreed to a variation of the tenancy, which I have not.

2. As a tenant, I relied on my Tenancy agreement to be able “to hold and enjoy the property during the tenancy without any unlawful interference by the landlord or any person acting on his behalf”. The aggressive approach and unwarranted threat of court and bailiff action from the claimant has caused me much stress and discomfort within this tenancy. Attached is Evidence file 10, my tenancy agreement.

3. I would like to remind the court of the Jopson V Homeguard case where it was found that a PPC cannot disregard the rights of residents and the Link Parking V Ms P where it was found that the PPC could not override the rights to park by requiring a permit to park.

4. I believe that the Claimant has acted in a predatory manner against residents whose very interest they would have been there to uphold. This has included issuing PCN’s on public bank holidays, including New Year’s Day. The claimant has targeted vulnerable residents whose right it was to park their vehicle at the premises.

5. As a resident of St Michaels Park, Bushey, I believed that I was entitled to park on the site for the reasons above and also due to the signage on site. The signage on site clearly states, “Private road, Parking for Residents of St Michaels Park Bushey”. This sign clearly allows residents of St Michaels Park to park their vehicles on site. The presence of the claimant on the land will have supposedly been to prevent parking by uninvited persons, for the benefit of the leaseholders, which includes myself. I believe the claimant has been unreasonable in issuing these PCN’s to residents and forcing residents to part with their money through the constant harassment and threat of debt collectors.
Page 2 of 3
6. When trying to contact the claimant in regard to these PCN’s to explain residency at the address, I was only ever put through to a payment option on the phone. Solicitors letters followed, in which the same scenario. They are unreasonable and offer no option to get into contact with them. Then what follows is a constant bombardment of threats and demands from debt collection companies. I also note that I as the defendant never received a Letter before county court claim.

7. I believe that the signage on site does not comply with the BPA Approved Code of practice. There are no apparent entrance signs that can be seen clearly from a driver view. Attached is photo #2 which is the entrance to St Michaels park, Bushey, from the driver’s position, in which there Is no Entrance signs. Attached is the BPA code of practice in which point B4.2 states that signs must be placed at the entrance to the site and inform a driver that the location is private land and managed by a BPA member.

8. The signage on site is contradictive and unclear. Evidence photos #1,3,4,5 are all present on site, and all make contradictory offers. #1 suggests no parking allowed. #3 suggests No parking on double yellow lines. #4 suggests the area is for residents only. #5 Also suggests that parking is allowed for residents of St Michaels Park. I again refer to the BPA Code of practice which is attached. B4.5 states that all signs must be visible, clear and legible. Easy to see and read.

9. Some of the claimant’s signs on site are visibly damaged and therefore the terms are unreadable. Clearly the claimant is not adhering to the terms of the BPA Code of Practice. B4.5 of the BPA code of practice also states, “You must clean and maintain signs regularly”. I refer to evidence photo #6 in which one of the claimant’s sign is visibly

10. I also note that signs on this site are not lit, dark and unreadable from the ground when it is dark. Evidence photo #7I would like to call upon the claim particulars to see the times of these tickets, as clearly in winter months it is dark early at evenings, so signs would not be seen. As requested though, they have not been provided to me from the claimant as requested.

11. One of the signs on site states, “No unauthorised parking”. I therefore deny ever being entered into any contract between me and the claimant at the time of the supposed event. There was no offer to park and therefore no contract was never proposed nor accepted. Attached is evidence photo #1

12. Signs on this site are contradictive and confusing. B4.5 of the BPA Code of practice says that signs must be clear and legible. Signs on this site are definitely not clear about who is authorised to park and who is not. On one sign it states, No parking at any time. Another state No parking between 7am and 11am. Evidence photo’s #1 and #6 attached.

13. 15.2 of The BPA Code of Practice states that “You must give clear information to the public about what parking activities are allowed and what is unauthorised.”
Clearly the notices on this site do not give clear information as to what is allowed and what is deemed as unauthorised.

14. 6.1 of the BPA Code of practice states “Under the Code, you must have the written authorisation of the landowner (or his appointed agent) before you can carry out parking control and enforcement work on the land in question”
Such written authorisation has never been provided to myself as requested in my first defence, therefore I believe that UKPC do not hold a legitimate contract at these premises.


Page 3 of 3
I believe that the facts stated in this Witness Statement are true.

Coupon-mad

3. I would like to remind the court of the Jopson V Homeguard case where it was found that a PPC cannot disregard the rights of residents and the Link Parking V Ms P where it was found that the PPC could not override the rights to park by requiring a permit to park.

You need to include those transcripts in evidence and refer to the evidence number.

They are both hosted under the Parking Prankster's 'case law' or 'more case law' pages.

And - remove 'PPC' every time. 'PPC' means NOTHING outside this forum and pepipoo, etc.!

Call them the Claimant.

Also only have 'PCN' once you have firstly put the full acronym, parking charge notice (PCN) to explain.

[Deleted User]

I still think it reads too much like another defence. It really ought to have a story feel to it.

When investigating a new case, I obtain information by telling my clients that I'm going to stop asking questions - I then invite them to tell their story (I kid you not).

Your statement should do exactly that. It is the fastest way the court will get to grips with the case, since the claimant papers will be scant and even your defence will contain some fairly standard provisions, given we use templates. The witness evidence from the claimant will add nothing new. I suggest reformatting as follows:

1. Para about you and where you live
2. Para confirming car owner
3. Para confirming where you park the car on a day to day basis
4. For own land parking details of ownership lease etc

Subheading - parking ticket

5. Describe location
6. Describe date time. What you saw/did
7. Describe ticket (and anything only apparent later on revisiting the site)


Subheading - pre-action communications

8. Details of correspondence with C or their agents and details of your enquiries
9 detail of issues still outstanding/failed disclosure

That sort of shape to it. There's no reason not to include the stuff you were going to include, but I'd definitely set out events first.

[Deleted User]

You have the option of serving a skeleton argument fine-tuning your "killer points" and court case references prior to the final hearing, so don't worry about trying to draft this as you think a lawyer might! Actually we like to keep witness statements quite simple, really.

caminch1993

I understand... Problem with this the tickets date as far back to 01/01/2016... nearly 24 months ago, exact details of tickets i dont exactly remember the sequence of events..to be able to describe what i saw or did.