Help! Court Claim Form Received

Coupon-mad

Yes, shoot down the Blaney case where the lay rep failed to convince the Judge about a lease that had a sentence allowing the MA to introduce 'regulations'.

Search the forum for DJ Skelley union jack and quote him instead (no transcript).

It doesn't even say permit must be displayed on windscreen at all times, will this be a relevant point in my flavour?

you can try it and if the DJ thinks it's pedantic, move on to your next point at the hearing.

3. I am thinking to use primacy of contract as my main fighting point for that case, and should I include other aspects as well, eg. not clear signage, signage did not comply with the requirements of the Code of Practice of the International Parking Community?

Yes signage can be mentioned as a secondary defence but the main point is, regardless of even neon flashing signs, YOU already had a right to park handed down by (your lease? your landlord? the agreement/advert about the place? Words in the head lease?).

4. As for the evidence, I am thinking to include PACE v Mr N judgement and copy of the lease, what else do I need?

The other typical things listed in the second post of the NEWBIES thread. Surely Jopson v HomeGuard is possibly better than PACE v Noor because the former was HHJ Charles Harris QC, on Appeal (more persuasive).

Look at the other case law hosted on the Parking Prankster's case law pages.

nosferatu1001

0) Normally the dealdine to send in the WS is the same for both parties - when ids your deadline? Clearly stated on the court hearing date letter .
You must produce WS and all evidence now. SA can come later. Get the WS done - as this isnt optional and the SA is!

Go through their WS and mark out every bit thats not actually pleaded in the initial claim, and add that fact to your skellie. State the court should not allow the claimant to amend their claim via a WS. Also go through and mark anything they have assumed, iwthout actually stating so - so if they dont actually have a lease but have "assumed" your lease allows for new regulations, yet yours doesnt then say so - that this isnt a witness statement, but a series of guesses and unsubstnatiated assertions.

tom_hon

So I am half way through the WS, below is what I've wrote so far, I still need to mention about the signs and ParkingEye Ltd v Barry Beavis (2015) case, refer to the CoP of IPC, and The Particulars of Claim (POC) fail to meet the requirements of Practice Direction 16 7.5 maybe?

And I am planning to include:
1. a copy of the lease, a copy of land registry confirming the lease is now under my name
2. photos of the car park signs
3. photo of Beavis case sign
4. the IPC or BPA Code of practice

Is there anything I miss?

IN THE XXXXXXXX COUNTY COURT
CLAIM No: XXXXXXXXX

BETWEEN:

UK CAR PARK MANAGEMENT LIMITED (Claimant)

-and-

XXXXXXXXX (Defendant)

___________________________
WITNESS STATEMENT
__________________________


I, XXXXXXX of XXXXXXXXX, am the defendant in this case.

1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief.

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

3. I confirm that I was driving the vehicle registration XXXXX (‘the Vehicle’) on 19/10/2016, the Vehicle was on loan car agreement with XXXXX Volkswagen, the vehicle was insured and I was permitted to use it on 19/10/2016. I refer to page XX of this witness statement a copy of the loan car agreement showing the above fact.

4. I confirm I am not the registered keeper of the vehicle.

5. During the period I was using the Vehicle, I parked the Vehicle at bay numbered 15 in the XXXXXX car park, XXXXXX, sign posted ‘RESERVED PARKING FOR FLAT No 16 XXXXXXX’.

6. I am the leaseholder of the property Flat 16, XXXXXXX.

7. I did not have a parking permit displayed on the windscreen of the Vehicle during the period I parked in bay 15.

8. I later discovered a parking charge notice on the windscreen of the Vehicle, I understand the reason of issuing a parking charge notice on a vehicle that has no parking permit, as the whole purpose of the parking permit is to distinguish vehicle of leaseholders/tenants of the flats to vehicle that trespass or park without permission of landowner/leaseholders/tenants of the flats. I therefore wrote a letter to Claimant explaining that this was a mistake, hoping to resolve this matter.

9. In the letter I explained to Claimant a genuine reason for not having the permit displayed on the Vehicle’s windscreen, I have the right to park at the space even without the permit. The Claimant refused to dismiss the charge and insisted that I have breach the terms and conditions of parking.

10. Now I refer to the lease relating to Plot 26 XXXXXX between Richard XXXXXXX and XXXXXXX Homes (Housing) Limited and XXXXXX Management Limited dated 18th July 2005, which was transferred to me on 9th March 2016. On Schedule 1, ‘Rights Granted ‘, Paragraph 12, it reads ‘The exclusive right to park one roadworthy private motor vehicle on the Parking Space’. It is absolutely clear that I have the unfettered right to park one vehicle on the space provided to me without any restrictions, I do not need to comply with any 3rd party company’s terms in order to rightfully park in the space.

11. In the case of Pace Recovery v Mr N (Claim number C6GF14F0) [2016], the court conclude that the parking company could not override the tenant's right to park by requiring a permit to park, and I refer to district Judge Coonan’s comment in the judgement of this case:

“I have to deal with this on the evidence that is before me now. I have before me a tenancy agreement which gives Mr [N. redacted] the right to park on the estate and it does not say “on condition that you display a permit”. It does not say that, so he has that right. What Pace Recovery is seeking to do is, unilaterally outside the contract, restrict that right to only when a permit is displayed. Pace Recovery cannot do that. It has got to be the other contracting party, Affinity Sutton, which amends the terms of the tenancy agreement to restrict the right to park on a place in circumstances in which a permit is displayed but that is not in this tenancy agreement and you as a third party cannot unilaterally alter the terms of the tenancy agreement.”



12. I refer to the Witness Statement filed by the Claimant’s employee XXX, on page 7, Claimant submitted the contractual agreement for managing the car park, the terms in the agreement has clearly stated that the applicable parking restrictions for this car park are ‘PERMIT HOLDERS ONLY’ and ‘NO PARKING OUTSIDE OF A DESIGNATED AREA’. There no mention of the term ‘Parking Permit must be displayed’ or any terms similar to the above.

Coupon-mad

Quote the Union Jack decision too, even though there is no transcript.

Add a point about receiving intimidating debt demands and the way the PPC has added costs that were never actually incurred.

tom_hon

I have now got the WS sorted, obviously a copy will send to the court by recorded/special delivery, but for UKCPM, can I send it through email? I have read it somewhere that it's ok to send email. And do I need to send to Gladstones as well?

nosferatu1001

No, hand deliver to the court a PRINTED copy of your WS along side your evidence, in a nice folder neatly marked up, pages numbered etc
For the claimant send it to their solicitors via email if you have alreayd been commiunicating. if large attachments split it into several emails. CC yoruself in so you cna prove it was sent.

Why are you proving you leased the vheicle? do they assert you didnt? I dont know why you need any evidence in 3 and 4 seems pointless to me as well. Just confirm in 3 you were driving that day and move on.

I would move the LEASE point upo higher. Show proof FIRST that you dont need to have a permit, THEN state you didnt have a permit that day. You say that on previous occasions permits were displayed but only for the convenience of the C operatives, and did not imply you accepted the permiot was required. That way you have fixed in the persons mind YOU DONT NEED A PERMIT whereas here, you seem to say you do need one, THEn say you dont. When reading, this seems to weaken your position.

Coupon-mad

Obviously a copy will send to the court by recorded/special delivery,

No because all of the evidence, case law (Pace v Lengyel transcript from the Parking Prankster's case law pages, plus the Union Jack printout even if it's only the forum post with claim number) and photos and a 'contents' covering page plus WS, need to be numbered and organised for the Judge in a folder or ring binder. Far too expensive to post, when your local court is...well...fairly local!

Take the ring binder in by hand before 2pm in good time not later than the date ordered, to be sure they accept it.

Show us your final draft, taking on board nosferatu1001's comments. Tell us what evidence you are including.

tom_hon

I want to hand it in the local court too, but court has sent letter saying that all correspondence should be sent to Norwich County Court instead, that is one hour drive for me. And I haven't been contacting gladstones via email, so should I send it by post?

tom_hon

here is the final draft :

IN THE IPSWICH COUNTY COURT
CLAIM No: XXXXXX

BETWEEN:

UK CAR PARK MANAGEMENT LIMITED (Claimant)

-and-

XXXXXXX (Defendant)

____________________________________
WITNESS STATEMENT OF XXXXXXXXXXXX
____________________________________


I, XXXXXXX of Flat 16, XXXXXXXXXX, am the defendant in this case.

1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief.

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

Summary of Events

3. I confirm that I was driving the vehicle registration XXXXXXX (‘the Vehicle’) on 19/10/2016.

4. During the period I was using the Vehicle, I parked the Vehicle at bay numbered 15 in the XXXXXXX car park,XXXXXX, sign posted ‘RESERVED PARKING FOR FLAT No 16 XXXXXXXXXX’. I attach to this witness statement as Exhibit E1 a printed copy of the photograph of the parking space.

5. I am the leaseholder of the property Flat 16, XXXXXXXXX. I refer to the lease relating to Plot 26 XXXXXX between Richard XXXXXXXX and XXXXXXX Homes (Housing) Limited and XXXXXXX Management Limited dated 18th July 2005, which was transferred to me on 9th March 2016. I attach to this witness statement as Exhibit E2 a copy of the lease and E3 a copy of the Land Registry of the property.

6. Now I refer to the lease relating to Plot 26 XXXXXXXXX, on Schedule 1, ‘Rights Granted ‘, Paragraph 12, it reads ‘The exclusive right to park one roadworthy private motor vehicle on the Parking Space’. It is absolutely clear that I have the unfettered right to park one vehicle on the space provided to me without any restrictions, I do not need to comply with any 3rd party company’s terms in order to rightfully park in the space.

7. On previous occasions permits were displayed but only for the convenience of the Claimant’s operatives, as the whole purpose of the parking permit is to distinguish vehicle of leaseholders/tenants of the flats to vehicle that trespass or park without permission of landowner/leaseholders/tenants of the flats, and displaying the permit does not imply I accepted the permit was required as a condition on parking in the space.

8. I did not have a parking permit displayed on the windscreen of the Vehicle during the period I parked in bay 15. The parking permit was on the windscreen of my own vehicle XXXXXXXXX and it was in the XXXXX Volkswagen for an annual service, hence the reason the parking permit was not on the Vehicle.

9. Late afternoon of 19/10/2016, I discovered a parking charge notice on the windscreen of the Vehicle, I understand the reason of issuing a parking charge notice on a vehicle that has no parking permit. I therefore wrote a letter to Claimant explaining that this was a mistake, requesting the Claimant to dismiss the charge, hoping to resolve this matter smoothly and quickly.

10. In the letter I explained to Claimant a genuine reason for not having the permit displayed on the Vehicle’s windscreen, and also I have the right to park at the space. The Claimant refused to dismiss the charge and insisted that I have breach the terms and conditions of parking.

11. The Claimant has sent threatening and misleading demands which stated that further debt recovery action would be taken to recover what is owed by passing the debt to a recovery agent adding further unexplained charges with no evidence of how these extra charges have been calculated.
No figure for additional charges was 'agreed' nor could it have formed part of the alleged 'contract' because no such indemnity costs were quantified on the signs. Terms cannot be bolted on later with inflated figures, as if they were incorporated into the small print when they were not. I attach to this witness statement as Exhibit E4 all the copy of correspondences from Claimant and Claimant’s representatives.

12. I refer to #9 in the Witness Statement filed by the Claimant’s employee XXXXX, Claimant suggest that this case is in principle the same as the ParkingEye case, however in Jopson v Homeguard (Claim number B9GF0A9E) [2016] it was established that ParkingEye vs Beavis[2015] UKSC 67 does not apply to residential parking. I attach to this witness statement as Exhibit E7 a copy of the Jopson v Homeguard [2016] B9GF0A9E judgment.

13. In the case of Pace Recovery v Mr N [2016] C6GF14F0, the court conclude that the parking company could not override the tenant's right to park by requiring a permit to park, and I refer to district Judge Coonan’s comment in the judgement of this case:

“I have to deal with this on the evidence that is before me now. I have before me a tenancy agreement which gives Mr [N. redacted] the right to park on the estate and it does not say “on condition that you display a permit”. It does not say that, so he has that right. What Pace Recovery is seeking to do is, unilaterally outside the contract, restrict that right to only when a permit is displayed. Pace Recovery cannot do that. It has got to be the other contracting party, Affinity Sutton, which amends the terms of the tenancy agreement to restrict the right to park on a place in circumstances in which a permit is displayed but that is not in this tenancy agreement and you as a third party cannot unilaterally alter the terms of the tenancy agreement.”

It is similar in nature to this case and may be considered as persuasive. I attach to this witness statement as Exhibit E8 a copy of the judgement.


14. In UKCPM v Mr D* [2018] D7GF307F - before Deputy District Judge Skelly on 1st February 2018, a similar thin excuse of an argument from a private parking firm harassing a resident was dismissed. DDJ Skelly, when not sitting as a Judge, is a barrister specialising in property law who quickly identified that the whole case revolved around the fact that the parking space was demised as part of the lease. The managing agents were named as a party to the lease, and there was a clause which said that they could make regulations for the 'comfort and convenience' of lessees. However, he did not think this was sufficient to override the terms of a lease granting a parking space. It would be like them stipulating that residents had to hang a Union Jack out of the window whenever they were at home - clearly unreasonable and not in the interests of the consumer.


15. List of Exhibits referred to in this Witness Statement:
E1 - printed copy of the photograph of the parking space;
E2 - copy of the lease of XXXXXX dated 18/07/2005;
E3 - copy of the land Registry of XXXXXXXX dated 23/03/2015;
E4 - copy of correspondences from Claimant and Claimant’s representatives;
E5 - Car Park sign used by ParkingEye in the ParkingEye vs Beavis[2015] UKSC 67 case;
E6 - printed copy of the photographs of the signs in the XXXXX car park, XXXX;
E7 - copy of the Jopson v Homeguard [2016] B9GF0A9E case judgment;
E8 - copy of the Pace Recovery v Mr N [2016] C6GF14F0 case judgment;
E9 - the IPC Code of practice.



STATEMENT OF TRUTH

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



Signed:

Name: XXXXXXX

Dated:

nosferatu1001

If that is their instruction, thats what you have to follow. Jut bear in mind it will be expensive to post, so make it as neat and compact as you can. Dont use sgned for. They wont sign for it. Just take your receipt from the PO and staple it to a copy of your bundle that obviousoly you have made so you have it for the day, and confirm that the court has your bundle a couple days later.

Personally i would still send it to GS via email. Just as several emails.

4) Why 15 then 16? Reread. Dont get this wrong
I wouldnt put this so high up. I would put it after you have established that the bay in question is YOUR bay, and the sign there only confirms it.

6) Referring to the Lease (exhibit E2) at ...


Numbering - INITIALS/001 is the easiest format. So gladstones use GS/001. means each parties evidnece is obvious to identify.

8) On x date a parkng permit was not displayed a courtesy car was being used while my vehicle was in for service. I can confirm that to the best of my knowlegde this vehicle was roadworthy, and thefereo I was in full compliance with my lease when parking this replacement vehicle.

10) maybe "their" terms and conditions? to distinguish from the lease conditoins.
11) Because no contact ever existsed, as the claimant has no authority to offer parking contracts on a space demised to me...

14) If youre going to include this, you need to tie to your lease somehow. If there is a similar clause allowing amendment I woudl add that whlie the clasue at Y does allow for alterations, this does not fall in the scope of an allowed alteration, and in any case a regulation canot be introduced wwhich would reduce from the unfettered grant in the lease.