Claim form pack arrived for parking fines on private land

nosferatu1001

Also, what exactly did you submit sa a defence?
You havent shown us it, and we know youve done one otherwise the claimant would not have sent a DQ.

KeithP

simone82 wrote: »

Hi

Can any one help with my next steps??

I thought I would receive a Directions Questionaire myself to fill in,but I just have a copy of the Claimants?

Yes.

Re-read post #6 above.

Coupon-mad

We do spend a huge amount of time repeating ourselves on this board:

KeithP wrote: »

With a Claim Issue Date of 10th December, you have until Monday 31st December to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 14th January 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

simone82

Can anyone offer me any answers on the following:


I have downloaded a DQ, where do I send it to? At the end of the form it says to address shown on the form N149A? The reason why I ask is because I was told previously fi I didnt want to wait to receive one in the post thent o download etc....


When submitting my WS does it need to be stapled? In a ring binder or just tied together?


Do I HAVE to submit an index?


Where do I place the extracts of cases/lease agreements etc, all together at the end?


At court do I need to give the judge any other documents or will they just have my WS in front of them?


Also please see below my defence which was submitted on the 3rd Jan:


1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.



2. The Particulars of Claim on the N1 Claim Form refer to “Parking Charge(s)” incurred on dates in April and May 2016, with six of the seven dates being identical. However, they do not state the basis of any purported liability for these charges, in that they do not state what the terms of parking were, or in what way they are alleged to have been breached. In addition, the particulars state “The Defendant was driving the vehicle and/or is the keeper of the vehicle”, which indicates that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5.


3. The Particulars refer to the material location as xxxxxx’. The Defendant has, since December 2011, held legal title under the terms of an Assured Shorthold Tenancy (“AST”) agreement, to xxxxx at that location, executed between the defendant and xxxxxxx.

4. The car parking area at the property, containing marked parking spaces, entry to which is via a gate, is only accessible to residents on a ‘first come, first served’ basis. The gate has a padlock, to which all residents have a key. Any vehicles parked therein are, therefore, de facto authorised to be there. Residents pay a £10 fee to the Claimant for a permit, although given that only residents can access the parking area, such a scheme appears entirely redundant.


5. Under the terms of the Defendant’s AST, the only reference made to conditions of parking motor vehicles is contained in Clause 25, which stipulates that vehicles must be parked in marked bays, with no untaxed or derelict vehicles allowed. It also states that vehicles must be parked ‘in accordance with any regulations or by-laws’, although there are no such regulations appended. There are no terms within the AST requiring tenants to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same.



6. The Defendant, at all material times, parked in accordance with the terms granted by the tenancy. The existence of the Claimant’s signage, and the purported contractual terms conveyed therein, are incapable of binding the Defendant in any way, and their existence does not constitute a legally valid variation of the terms of the tenancy. Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct.


7. The Claimant’s signage at the location states that ‘By parking or remaining on this land you agree to abide by all of the Terms & Conditions’. However, as stated above, the Defendant already had a right to park granted by the terms of the AST. The Claimant cannot grant a right which the Defendant already possessed, nor can their signage be deemed to be a variation of the terms of the AST, any such variation could only be executed by separate agreement between the Defendant and Catalyst.


8. The Claimant may rely on the case of ParkingEye v Beavis [2015] UKSC 67 as a binding precedent on the lower court. However, that only assists the Claimant if the facts of the case are the same, or broadly the same. In Beavis, it was common ground between the parties that the terms of a contract had been breached, whereas it is the
Defendant’s position that no such breach occurred in this case, because there was no valid contract, and also because the ‘legitimate interest’ in enforcing parking rules for retailers and shoppers in Beavis does not apply to these circumstances. Therefore, this case can be distinguished from Beavis on the facts and circumstances. The principle of primacy of contract of a lease or tenancy agreement is well established in law, and has been upheld by an overwhelming number of District Judges in various County Courts in England and Wales, against claims made by private parking operators.


9. The Claimant has added interest at 8% to the sum allegedly owed, which the Defendant denies that the Claimant has any entitlement to, given that the ‘parking charges’ were issued some two and a half years ago. If the Claimant genuinely believed that the Defendant was liable for the sums claimed, they should have pursued the matter at the relevant time, and not waited until December 2018 before issuing proceedings.


10. For all or any of the reasons stated above, the Court is invited to dismiss the Claim in its entirety, and to award the Defendant such costs as are allowable on the small claims track, pursuant to Civil Procedure Rule 27.14.
Statement of Truth


I believe that the facts stated in this Defence are true.

Coupon-mad

I have downloaded a DQ, where do I send it to?

The NEWBIES thread 'Know What Happens When' post by bargepole, linked in the 2nd post of that sticky thread, tells you who to email the DQ to, and how to fill in every question.

You are not at Witness Statement stage, nowhere near.

simone82

Good evening/morning, am hoping someone can help.

My original case has been transferred to my local court and I am awaiting a court date for parking invoices in relation to me parking at home in residential parking (PCM are the claimants).

However a few days ago I received a "Letter before Claim" for more recent parking invoices (2018).

Does anyone know how I can handle this letter? Do I need to wait until I receive my court pack and fight the two cases or should I be getting in touch with Gladstones to advise that they already have 1 case against me and I intend on defending this one aswell?

Many thanks for all advice

Le_Kirk

If it is "only" a LBC, you need to wait for court papers to arrive and, when you have completed the AOS, submitted your defence and received your DQ, you can ask for both cases to be heard together IF they both rely on the same POC and defence.

simone82

Le_Kirk wrote: »

If it is "only" a LBC, you need to wait for court papers to arrive and, when you have completed the AOS, submitted your defence and received your DQ, you can ask for both cases to be heard together IF they both rely on the same POC and defence.

Thank you, this makes sense. I appreciate the advice

The_Deep

As almost all PCNs in residential car parls are trumped by the rights bestowed by the lease, this is almost certainly a scam. Does the STA make any mention of the need to display a permit and/or pay a penalty for failing so to do? If not then they would struggle if they were daft enough to take this to court.

Complain to your MP, these scammers have no place in private car parks and they days appear to be numbered. The law is breathing down their tales.

On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

simone82

@The Deep, thank you for your reply, no the STA doesn't mention anything whatsoever regarding displaying a permit etc. I have today written a letter to my local MP Shadow Secretary John McDonnell, so will be interested to see what he says.


Thank you