Court Claim form from UK Car park management & Gladstone

masatoi

I'm moving to a new place in February and I was told to leave pack at the completion.

Which means I won't have original documents at the hearing in March.

Can anyone please advise what I should prepare for the hearing?

Any advice would be appreciated. Thanks!

KeithP

If only we knew what 'pack' you are talking about.

Don't forget to advise all parties of your new address.

masatoi

Sorry it means just lease.

In my defence I used the terms written in my lease. But I will have to leave the original lease documents at the completion which means I won't be able to take them to the court as evidence.

4. Under the terms of the Defendant's lease, a number of references are made to conditions of parking motor vehicles.
{The definitions, at para. 4.8.6, define Not at any time use or permit it to be used or occupied except as a parking space for the parking of one motor car in the ownership or control of the Tenant.
In the First schedule at para. 4.4.1 Not to underlet or part with possession or occupation of the Space or allow the Space to be occupied by any Car or other motor vehicle except as authorised by this Licence and not to assign the benefit of this Licence to any party other than a tenant of the Flat.}

KeithP

You will of course have copies of your lease.

For a few pounds you could perhaps get that copy certified at your local solicitor. Not sure that's necessary though - see if anyone else comments on that.

masatoi

Hi,

Getting close to the cut off date for WS.

I'd like to ask for advice on my draft WS.

Thank you




In the County Court at Croydon
Claim No. xxxxxx

Between
UK Car Park Management Limited (Claimant)
and
xxx xxxx (Defendant)

---

Witness Statement

---

I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:


1. I am xxx xxxxx, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I was a leaseholder of a residential property and a parking bay., and attach evidence of leaseholder as Exhibit A.

3. On 02 March 2017, I was the driver of vehicle registration mark xxxxxX, and the vehicle was parked at xxxxxx where I was a leasehold owner of a residential property and a parking bay.

4. Lease holders of a parking space are entitled to use the communal yellow parking bays. Evidence of this is contained in the lease, dated XXXXX, and attached as Exhibit B.

5. The Defendant is a leaseholder and has never been afforded the opportunity to expressly agree or object to UKCPM's regime.

6. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

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

Signature

Date

Coupon-mad

That is very brief - too brief IMHO - and I would also suggest you adduce as evidence, cases like PACE v Noor, and Link v Parkinson (residential cases from the Parking Prankster's case law).

And how about stating that the signs only relate to 'unauthorised' vehicles which de facto does not include yours because you are a leaseholder owner with primacy of contract.

And no new contract was formed, because the Claimant was offering nothing by way of consideration. They can't sell a leaseholder a (worse, with onerous terms) licence to park at your own property at £100 a pop - the same penalty rate charged against trespassers - when you already have an unfettered right to park.

This doesn't make sense to me:

6. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

masatoi

Thank you Coupon-mad for the advice as always. and thank you too Keith P for the previous advice.

I have some questions with regards to WS.

1, The letter from the court says the hearing will take place on 15March. Does this mean I need to submit WS by 01March? Im asking to double check the deadline.

2, The letter also says the claimant must pay the trial fee of £25 and submit a completed application by 15FEb, If this doesnt happen the claim will be struck out.
Do you reckon it could be effective that if I send my WS before 15Feb to show that Im ready to go to the hearing the claimant might withdraw the claim because they know that they will lose in the end?

3, As for the cases you mentioned I found PACE v Noor and Link v Parkinson.

PACE v Mr.N
http://nebula.wsimg.com/c269da31b314e7cc17e383a625b5ae23?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

Link v Parkinson.
http://nebula.wsimg.com/d31f6731eeb7b4e07c7fc2f512f18abc?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

Could you please check if I'm referring to the right cases that you mentioned?

Thank you

KeithP

Doesn't it tell you on your Notice of Hearing when you must 'file with the court and serve on all other parties documents that you intend to rely on' (or words to that effect).

It's usually 14 days before, but can be anything so best to re-read your documentation.

masatoi

Yes it does say "14 days before" but 'counting days before/after' can be confusing. i.e. if you count the hearing date as 1 or not etc.

I know I should send WS early but I wanted to make it clear if 14 days before 15th March is 1st March.

KeithP

File and serve it a day early to be on the safe side.