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

Loadsofchildren123

How did you get the details to set aside the original judgment?


You can't defend a claim when you havent' seen the Particulars. The judge obviously didn't realise this. You can get a copy from the court but you'll have to pay a photocopying charge and given the time constraints you'll need to go there to ask for it (court counters close at 2 or 2.30).


Quickest thing will be to tell the Claimant you don't have it and never have had it and ask them to send it to you by return, otherwise your defence will have to be late. Also ask them for whatever they filed at court and relied upon at the hearing.

theconquest

I did not have any details from them to set aside the original judgement.

Loadsofchildren123 wrote: »

You can't defend a claim when you havent' seen the Particulars. The judge obviously didn't realise this.

You are absolutely correct about this.

Spoke with the court today and the call handler told me that they should have sent me that information.

I still have a weeks time to get all the info I need. So, will think about how do I use this to my advantage.

theconquest

Based on my case, can anyone please suggest me a nice defence template to use?

theconquest

I just received the original claim document and it says:

The defendant was driving the Vehicle/or is the Keeper of the Vehicle. AND THE CLAIMANT CLAIMS £160 for Parking Charges / Damages and indemnity costs if applicable, together with interest....

Apologies for a very dumb question but can anyone please elaborate on this? It does not mention anything about breach of contract!!

theconquest

Complete Defence:

Claim Number: XXXXXXX
BETWEEN:
Parking and Property Management Ltd (Claimant)
vs
XXXXXXXXXX (Defendant) ___________________________________________________________________________
Defence Skeleton Argument
Introduction
1. I am of XXXXXXX, defendant in this matter.
2. This is my statement of truth and my defence.
3. As an unrepresented litigant-in-person I seek the Court's permission to amend and supplement this defence as may be required upon disclosure of the claimant's case.
4. For the avoidance of doubt on the relevant date I was the driver of a XXXX, registered number XXXXX.
5. It is believed that it will be a matter of common ground that the purported debt arose as the result of the issue of a parking charge notice in relation to an alleged breach of the terms and conditions by the driver of the above vehicle when it was parked at XXXXXXXX on XXXX 2014.
The claim is denied in its entirety except where explicitly admitted here. I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reason, which is fatal to the Claimant's case.

i. The alleged contract with the claimant is not broken

The claimant has not provided/sent any details in the particulars of claim to file a full defence either to my new aforementioned address or via email and mobile number provided during the initial appeal. The phone numbers provided to the court by the claimant were actually of an automated payment system and were not helpful to reach them. The full details of the contract which it is alleged was broken have never been provided to my new address. As the claimant has not provided this information, signage details have been inferred from stock photographs and the details may not be correct. Minor variants in text may occur. All references to signage therefore, are subject to change once the full particulars of claim have been provided.

i The alleged contract with the claimant is not broken

1. I was the legal occupier of flat XXXXX from July 2014 to Oct 2015.
2. I have checked the lease terms of the parking area with the estate agent Surrey & Hants Ltd, and they confirmed that the resident of the property XXXXXX, has exclusive rights of parking in the property.
3. Following are the terms mentioned in the tenancy contract regarding the use of parking space at the property:

3.17 Car Parking
3.17.1 To park private vehicle(s) only at the Property.
3.17.2 To park in the space, garage or driveway allocated to the Property, if applicable.
3.17.3 To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
3.17.4 To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
3.17.5 Not to park any vehicle at the Property which is not in road worthy condition and fully taxed.
3.17.6 Not to park any vehicle at the Property without displaying the correct parking permit if applicable. The agent/landlord will not be held responsible for any costs incurred by the tenant or their guests if they fail to comply with this clause
4. Due to a human error, a permit which has been displayed during my entire stay at the property was not displayed on the dashboard on the night in question. However, a second issued permit I was provided, that I used for the purposes of using the second parking space for our visitors was kept and was clearly visible in the back of the car for ease of usability and visibility.
5. Covenant 3.17.6 specified above does not restrict where the permit was displayed. The second permit was clearly visible in the car. As a permit was displayed clearly in the parked car, there was no basis at all to issue a ticket.

Solicitor Costs

1. The claim includes a sum of £50, described as ‘Solicitor’s costs’. The Claimant is known to be a serial litigant, issuing up to 1,000 similar claims on a weekly basis, using the bulk processing service, generating up to £50,000 of income. Given a standard working week, the claimant’s solicitor can spend no more than a few minutes per claim, hardly justifying the £50. Since these are fully automated, no intervention is required by a solicitor, and the Claimant is put to strict proof to show how this cost has been incurred. The Claimant maintains case notes for each person who has accessed the case, and it is suggested this would be sufficient. The Claimant cannot rely on Nossen’s Letter Patent (1969) to justify the charge, as this is part of their everyday routine, and no ‘expert services’ are involved. The £50 is not valid because it is not incurred by the claimant, generating over £1.5 million a year in profit.

2. Additionally, as this is already included as part of the costs of the claimant, factored into the £100 parking charge, this is essentially double charging.

3. To put this into context, if the work was done by an outside solicitor who charged Parking and Property Management £10 (which is believed to be the going rate for this type of work) then Parking and Property Management would only be able to claim £10, and not £50.

4. The defendant therefore puts the claimant strictly to proof, by way of timesheets or otherwise, that work was done by the litigant’s expert staff to the value of £50.


This statement is true to the best of my knowledge and belief.

theconquest

I have managed to get an email sent from the landlord to the claimant which says:

Dear Sirs,

Ref: Flat address
Case Number: XXXXX

I am writing as the agent and on behalf of the landlord of the above property to confirm that Claimant rented the property from July XXX to October XXXX and had the full use of both parking spaces owned by Mr Owner

We would urge you to drop any ongoing claims that may be being made in this regards.

Their main defence:

Parking ticket not displayed

The Defendant appears to be a tenant on the Relevant Land however has not provided a full
copy of his tenancy agreement. Notwithstanding this (or any rights he may have / alleges to
have), by receiving / accepting a permit from my Company, he bound himself to the parking
scheme which was in part for his benefit. In taking this benefit (i.e. in having the parking bay
managed), the Defendant must accept his part to play, which was to simply display a permit.

At no time after the scheme was introduced and prior to the first parking charge being issued
was my Company made aware that there was any objections to the scheme. Without concession,
if the Defendant did have a right over the space (which isn’t accepted at present), I submit he
ought to have notified my Company, rather than accepting the permit (and as such the benefit of
the scheme). Any rights he did have were therefore abandoned.

I would like to point out as a point of interest that majority of leases contain a provision which
allows for the landowner and/or its managing agent to bring in regulations that it sees fit from
time to time for better estate management and that the lessee agrees to comply with such
regulations. As such, I respectfully submit, the Landlord agreed to any commencement of a
parking enforcement scheme under the Lease.

Exhibited to this Witness Statement is a copy of the Judgment laid down in the recent County
Court decision in the case of Link v Blaney (Claim Number C9GF03Q9) (May 2017). I refer namely
to paragraph 22 whereby it was held that the landowner’s rights were subject to regulations
brought in from time to time and therefore “any tenancy agreement…must be subject to it as
well”. In light of this, any right the Defendant alleges may have been to him to park would have
always been encumbered as they could not have given a right which was not theirs to give.

blah blah blah...!!!

Do they have any proper standing?

Loadsofchildren123

The second lot of text on your post above, where did that come from?


All I'm aware of is the very sparse PoC you quoted in post #25.


What stage are you at now? Have you put in a Defence? Have they been ordered to properly particularise their claim?

Loadsofchildren123

Ah I can see that the text appears to be from their WS. Have you done a WS? Have you been ordered to do one? Normally you'd be ordered to serve yours on the same day as theirs.

theconquest

Have not done WS.

I do not think I have a witness statement.

And NOT ordered to provide a witness statement.

theconquest

Been asked to submit any documents before 27 Dec