Ace Security FIRST APPEAL ARGH!

System

my guess is that you are the tenant of a buy-to-rent landlord

@Eljayjay2

No need to guess as the OP states it is a Housing Association.

@akzy1990

Did you get a copy of Pace v Noor (who had a lot more tickets than you and it looks to be a similar case) and Pace v Lengyl which will also be relevant to your Witness Statement / Skeleton Argument.

You have a win here if you use the two cases above.

The_Deep

HAs have rental properties, shared equity properties, and fully owned properties. They treat all of us with the same lack of respect.

However, HAs are answerable to The Ombudsman and, usually, The Charity Commissioners.

akzy1990

Preliminary


1. The Particulars of Claim lack specificity and are embarrassing. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars.



2. The Particulars of Claim fail to refer to the material terms of any contract and neither comply with the CPR 16 in respect of statements of case, nor the relevant practice direction in respect of claims formed by contract or conduct.

3. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar poorly produced claims and the solicitor's conduct in many of these cases is believed to be currently the subject of an active investigation by the SRA.

akzy1990



Background


4. It is admitted that at all material times the Defendant is the registered keeper of vehicle registration mark ????? which is the subject of these proceedings.


5. It is admitted that on ????? the Defendant's vehicle was parked at ?????


6. The Defendant was the driver of the vehicle.


Authority to Park and Primacy of Contract


6. It is denied that the Defendant or lawful users of his/her vehicle were in breach of any parking conditions or were not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the above mentioned vehicle to be parked by the current occupier and leaseholder of ?????, whose tenancy agreement permits the parking of vehicle(s) on land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms. The lease terms provide the right to park a vehicle in the relevant allocated bay, without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle or the requirement to display a parking permit. A copy of the lease will be provided to the Court, together with witness evidence that prior permission to park had been given.

akzy1990



7. The Defendant avers that the operator signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. The Defendant will rely upon the judgments on appeal of HHJ Harris QC in!Jopson v Homeguard Services Ltd!(2016) and of Sir Christopher Slade in!K-Sultana Saeed v Plustrade Ltd![2001] EWCA Civ 2011. The Court will also be referred to Pace Recovery And Storage Limited v Mr N. The Court will also be referred to further similar fact cases in the event that this matter proceeds to trial.

7. Accordingly it is denied that:

7.1. there was any agreement as between the Defendant or driver of the vehicle and the Claimant
7.2 the claimant and defendant entered into such a contract 

7.3 there was any obligation (at all) to display a permit; and!

7.4 the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.
7.5 it was a valid and enforceable contract



System

All good except for #3 which should really be binned.

But you'd be better to separate out the facts e.g. I was the driver, from the arguments which should really be in a separate document called a Skeleton.

This stage is for the narrative - I was a tenant - and the evidence- here is my lease. The arguments come when you have your narrative and their narrative side by side. Then you compare the two and write it up no more than 3 days before.

See if you can do a timeline too e.g when I moved in there was no PPC. x years afterwards they introduced XXX but this was to control outsiders and not tenants etc. There was a problem with ???? but never with the tenants.

Coupon-mad

[STRIKE]Yep, change #3 to the standard defence point about the Claimant not being the landowner and having no authority (see any other bargepole defence).[/STRIKE]

And add the usual stuff at the end objecting to the abuse of process of adding all sorts of admin/legal fees add-ons...

EDIT

Hang on - still confused by this thread, is this the WS?

Where's the evidence and case law?

WHERE IS YOUR TENANCY AGREEMENT?

What you've written there is a defence but you are way past that stage.

System

Defence went in on 12th August (see #27). Hearing is set for mid November (See #38) and a WS has to be in by 19th October (see #38)

So this is a WS which requires a narrative and the evidence.

Just tell the story from your side something which you have already done in some of the earlier postings such as contacting the HA and them not responding showing you have made an effort. A WS is just your take on the situation and has the supporting material with it (the lease) so a judge can understand what has happened.

There is always the temptation to be too clever with these but they are really very simple as it just comes down to the lease and not the signs.

Coupon-mad

Show us the draft WS (your story) and evidence.

akzy1990

SO SO SO SORRY for late reply everyone. my IP address was blocked and I have been trying to resolve it with the admin team for a while now. It has been so frustrating so again sorry for the late reply. I have posted my WS below, thank you everyone!