Private Parking Ticket - Default CCJ - Set Aside Case, Prepare full defence

Loadsofchildren123

It's relevant because if the landlord has no parking rights, he had no rights capable of being passed onto you!


So the starting point is showing that the lessee (landlord) has those rights in his lease.


So ask the landlord for a copy of his lease or the extract from it showing his parking rights.


If he doesn't want to do that or you don't want to ask, you get a copy of his lease from land registry - they charge you about £10 or so. Landlord is bound to have the rights, otherwise you wouldn't have been given the permits.


If you don't want to take this advice, at the very least get landlord to email you to confirm that his lease grants him exclusive rights to park on those two parking spots.


How was the permit shown in the rear of the car? Was it in the rear window, or just lying on the back seat? This is quite important, as Jonersh points out.


Did the signs say anything to the effect that permits had to be displayed in a certain manner (eg in the front windscreen)?

theconquest

Got the email from the estate agent confirming the following:

Please accept this email as confirmation that the above property came with two allocated parking spaces of which you were given parking permits upon moving into the property on the DATE XXXXXXXX.

The permit was sitting on the boot parcel shelf. This was the additional permit I keep to give to the visitors.

To be perfectly honest, I do not exactly remember what the sign says! But I am sure it would have said display it on the dashboard.

Rest assured I am considering all the help and pointers given in this forum and I really appreciate your time in doing so.

theconquest

What concerns me the most is - Isn't there any law that protects against human errors?

During my renting period of about 15-16 months that is the only one time I forgot to display the ticket.

Loadsofchildren123

You need to make a visit to see what the signage says. Usually it just says display (ie not how)
And you displayed as per the terms of your tenancy which DIDN’T say anything about where/how it should be displayed.

Loadsofchildren123

theconquest wrote: »

What concerns me the most is - Isn't there any law that protects against human errors?

During my renting period of about 15-16 months that is the only one time I forgot to display the ticket.

Sadly not
But you would argue any breach (if there was any breach) was de minimis

theconquest

Just realised, they did not send me any details of the claim which they sent during the set aside hearing to the court.

Were they suppose to send me the details of the claim?

Can I in any way use this to my advantage - given the judge has asked me to write a full defence and send it both the court and claimant before 3 Nov.

By the way I still have not received the judgement from the court.

Loadsofchildren123

sorry, can you elaborate on that?
Do you mean the original claim form containing particulars of the claim (however brief) or another document?


If another document, in what form did they provide details of the claim within the set aside hearing? Did you see it? WAs it a witness statement or a skeleton argument, or something else? Anything filed at court and relied upon should also be served on you. Email them straight away and ask for it.


The order takes up to 14 days to be typed up and sent out so don't worry about that.


As far as I understand from your description of the order, nothing was said about them filing further particulars, just you filing a defence and the DQ. So according to the order you shouldn't be waiting for anything. But do write to the solicitors referring to whatever they produced and saying that it has still not been served on you.

theconquest

During the set aside hearing the judge had a bunch of documents sent by the other party. The judge asked me to show him where the display ticket is - in the photographs they have taken. Sadly they did not take the photograph from the back of the car properly.

That's when I realised they sent a bunch of documents to strengthen their case but I do not have any of that information.

The trouble is the judge has asked me to send a full defence before 3 Nov. And I do not know what the final claim amount is!!

Loadsofchildren123

do you not have the original claim form?

theconquest

Loadsofchildren123 wrote: »

do you not have the original claim form?

Nope.

Nothing at all from the claimant.