Ace Security FIRST APPEAL ARGH!

akzy1990

WITNESS STATEMENT

NAME OF CASE:

CLAIM NUMBER:

FULL NAME OF WITNESS:

ADDRESS OF WITNESS:

1. I am a tenant of ????? and I have been living there since I moved in on the ??/??/????. I make this statement in support my defence of disputing the penalty charge notices.
2. In ???? I moved into the property and in our tenancy agreement we were allocated a parking bay which is paid for weekly. This is shown in the tenancy agreement provided.
3. Some years ago a letter was sent to the address by the housing association saying that there were many issues with non-residents parking in bays and that the claimant would be hired to help residents of the property. At some point later down the line, the housing association then supplied a parking permit to the address which they stated had to be placed on the vehicle parked in the bay.
4. At no point was a new agreement or documentation signed to confirm these changes.
5. The car that held the permit was involved in a car crash and the car was written off, the permit along with it.
6. I then continued to park the new car in the space as normal.
7. On the ??/01/2018 a ticket was issued on the vehicle and the housing association was contacted to ask for the reason tickets were issued for a parking bay used by the tenant. They stated that a permit was needed and it would be sent out. After a dispute of why a permit was needed, they said that the case would be resolved.
8. Subsequently tickets were issued on ??/01/2018, ??/02/2018, ??/05/2018, ??/07/2018.
9. On the ??/05/2018 I contacted the housing association to make them aware that the situation had gotten out of hand as I had been diagnosed with depression and anxiety on ??/02/2018 due to several factors including debt and that this situation was worsening my health. This is shown on the medical certificate provided.
10. I expressed this to them prior the ticket issued on ??/05/2018, however I do not have a date of when this took place.
11. On ??/05/2018 I sent in my logbook to get a permit as getting a permit was advised to me as being the best thing to do in my condition so that matters would not go out of hand.
12. I received a response on the ??/05/2018 confirming the claimant was aware that the permit was to be sent out and my car registration details were logged for a week. This is shown on the e-mail provided.
13. After this, nothing arrived and a ticket was issued on ??/05/2018.
14. I called up on ??/06/2018 and spoke to ?????, to complain, and was told I needed to fill out a form which was going to be sent in the post. This never arrived.
15. I raised a complaint on the ??/07/2018 via e-mail complaining that I was receiving tickets for a parking permit that was not being provided and a parking permit that my tenancy agreement did not accommodate. In addition, to the fact I hadn’t received the complaint forms and why I was being ignored.
16. They received my complaint via post on ??/07/2018 and stated that the there would be a maximum of 15 days SLA for a response in regards to my complaint. Please see the complaint letter attached.
17. I did not receive a response in the post. I did get to speak to a member of staff until ??/08/2018.
18. I then sent an e-mail on the ??/09/2018 and ??/09/2018 requesting an urgent response to my complaint. A letter was also sent signed for on the ??/09/2018 to request the complaint to be raised to stage 3.
19. I had no response until ??/09/2018 whereby a meeting was arranged for the ??/10/2018 between my representative ????? and my housing association.
20. On this day a permit was handed to my brother. ????? who held a meeting with my representative ????? also questioned whether or not I was searching online on how to tackle the claimant online and that the claimant has contacted her to ask for details in regards to my standing on the parking fines and what actions I would be taking, however she was unable to give any information due to data protection. She was also asked how the claimant knew the day we moved into the property and she stated that they did not hand over that information.


STATEMENT OF TRUTH


I believe the facts stated in this witness statement are true

System

Looks straightforward and puts the debacle in perspective. The comment "she was unable to give any information due to data protection" is particular nonsense. They made no attempt to protect your rights under the lease. In addition, the issue was non-tenants so why are they allowing Ace/Pace to go after tenants.

Get a list of costs and send it with your WS. You can claim £19/hour for your research plus other costs.

akzy1990

Thank you for the response! Its greatly appreciated everyone! I will be sending it off soon so I will make those necessary changes. Thanks a lot everyone for your help and guidance. I will be sure to let EVERYONE KNOW how it all goes!!! :T

nosferatu1001

DId you also put your costs scheudle in, as suggested?

akzy1990

Alll included!!!

nosferatu1001

WHat was your schedule?
SHow it here.

akzy1990

Hello Everyone, I have had my trail date and unfortunately I did not win the case. I felt it was biased but there was one issue that I didn't even take note of that was the main problem, which is entirely my fault. The tenancy agreement was only for the "tenants" and the judge stated that the tenancy agreement is in my parents names. On one of the pages it states I am a resident and I believed this to mean I was a tenant. The other points were that I used the "internet" to support me and the judge kept banging on about that and interrupting me. I tried to refer the judge to previous cases and I was shut down and told not to do that. I was told that the piece of paper that was sent out by the housing associaiton super seeded everything, although after looking at a previous case that sort of letter was unacceptable. In addition, the judge stated that we had a permit and did not dispute it at the very beginning. I have another one coming up so will do my best with it as I didn't sit right with me the way the case was handled. But if there is any opinions and advice on how to continue it would be great.

The_Deep

In my opinion, POFA has very little place in "own space" claims. The lease gives you contractual rights, which a PPC interferes with at their peril.

Personally, I think that, if you are the driver, it is always better to say so, it gives you a far stronger hand in court.

akzy1990

from this first time experience, it almost seems like you have to have your judge on your side in the first place as she was on the other side from the offset

akzy1990

Preliminary

1. 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.

2. It is admitted the defendant was the driver of the vehicle XXXX at the time in question.

Defence – Tenancy Agreement


3. 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 residents of XXXX. The tenancy agreement permits the tenants and occupants of XXXX, which includes the defendant XXXX, to park in bay XXXX as stated in clause XXXX of the tenancy agreement. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the tenancy agreement, 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 tenancy agreement will be provided to the Court.