I heard this was the eden for beating the PPC

kratos2077

Would it be wise to pay the extra amount? or make sure the witness statement has the same solid information. the date of court is in 3 months

KeithP

kratos2077 wrote: »

Would it be wise to pay the extra amount? or make sure the witness statement has the same solid information. the date of court is in 3 months

In my opinion, definitely not worth paying to revise a Defence.

Will cost more that the PPC is claiming.

Umkomaas

kratos2077 wrote: »

Would it be wise to pay the extra amount? or make sure the witness statement has the same solid information. the date of court is in 3 months

Your choice.

If you're thinking of paying to adjust your defence, do the math first.

Settle the case now and pay the PPC - or pay the court £255.

How strong are your principles?

kratos2077

HOLY ****. Yeah that's clear, damnnn. Im doing my witness statement and i'm almost finished so will post up soon. I was worried my defence would have so much to change so thanks everyone for looking at it!

kratos2077

Hello Everyone!! Just writing up my witness statement because as far as i'm aware, I have 7 days before the court date to send it. I do have a question as the claimant witness statement has this point and I have checked the code of practice and it does not seem to be there. it states:

The company is an accredit operator of IPC and the code of practice states that where a parking charge becomes overdue a reasonable sum may be added. the sum must not exceed £60 (inclusive of VAT where applicable) unless court proceedings have been initiated

I have read the IPC of code of practice and cant find it anywhere on there???

Coupon-mad

Yes it does allow for £60 to be added...but crucially, only if it was actually expended. Which it wasn't, and there can be no damages or loss, because the parking charge itself is 80% or so, profit.

The Beavis case (effectively) is the authority for this. Only £85 was claimed in that case, no more. The Supreme Court heard about the profit within the huge sum, and remarked that no damages can be claimed as parking firms like this suffer no loss.

And so does the POFA which says only the parking charge on the NTK can be recovered.

You were meant to file & serve your WS and evidence not later than 14 days before your hearing, unless your court letter giving the hearing info, says differently?

[Deleted User]

Yes, but the IPC code isn't the sign and the sign is the contract. If the £60 is a notional charge (i.e. not a specifically calculated expense) it is a liquidated damages sum. Such sums could (and arguably should) be specified on the sign. After all, it is not an expense but a charge - they know exactly what additional sum they are seeking to add. The problem for the PPC is that it was never agreed, so should be excluded.

By way of example, if I forget to pay my MasterCard one month, I get a letter and have to pay £12 for the privilege. That too, is a liquidated damages sum. However, I can assure you that the amounts payable for such defaults are clearly set out in the T&C's (i.e. my contract with them) which was agreed to many moons ago....

PS welcome to the garden....

kratos2077

ok that makes absolute sense, a the claimant tried to state that I was unsuccesful in saying this is not the same as beavis. I know that defenitley is not the case. Thankfully I still have time, until this monday actually

kratos2077

I…..will give the following witness statement:

1. I am a tenant of …..and I have been living there since I moved in on the …... I make this statement in support of my defense in disputing the penalty charge notices.

2. Attached to this witness statement are the following documents that I wish to rely upon;

1. Tenancy Agreement
2. The Sign
3. …..
4. …..

3. On ……. 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.!

4. Some years ago a letter dated …… 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.

4. At no point was a new agreement or documentation signed to confirm these changes.




5. There are no terms within the lease requiring tenants or residents to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same. I respectfully refer the Judge to the case of Parking Eye Limited (Respondent) V Beavis (Appellant) (2015) UKSC 67 whereby his Honor Judge Harris in Oxford recognises that, and quote;

“when you have a resident, the tenancy agreement or lease will take precedence over the arrangement between the ultimate landlord and the third-party parking manager”

This was backed up by District Judge Coonan in the case of Pace Recovery and Storage Limited V Mr. N.

6. The car that held the permit was involved in a car crash and the car was written off, the permit along with it.

7. I then continued to park the new car in the space as normal.

8. On the …/01/2018 the ticket PCN …. 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.!

9. PCN tickets were issued subsequently.

10. 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.!

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 car was permitted to be parked in the bay, that a permit was to be sent out and my car registration details were logged.

13. After this, nothing arrived and a ticket was issued on …./05/2018.!

14. I called up the landlord and spoke to a member of staff 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 and still a ticket was issued on …/07/2018 via e-mail complaining that I was receiving tickets for a parking permit that was not being provided (a permit that is provided by the claimant according to the contract between the claimant and housing association) and a parking permit that my tenancy agreement did not accommodate.

16. They sent my stage 2 complaint via post in July 2018 and stated the housing association stated that there would be a maximum of 15 days SLA for a response in regards to my complaint.

17. I did not receive a response in the post within the allotted time period and did not receive a meeting and permit until …/10/2018.

20. The claimant states that the copy of the letter dated ….. subsequently resulted in a consultation between residents. However, the claimant, or managing agent must have such variation approved by at least 75% of the leaseholders and not more than 10% against, pursuant to s37 of the Landlord & Tenant Act 1987, in order to establish a right to impose unilateral terms which vary the terms of the lease. I am unaware of any such vote having been passed by the residents nor has the claimant provided proof.


22. I refer to clause … of the tenancy agreement which states “if there are allocated spaces in the parking area, you must use only the space that is allocated to you, or your household”. In this clause “your household” refers to the people living at ….., one of which is ….., as seen on page …. of the Tenancy Agreement. I am bound by the terms of the tenancy agreement hence my right to park in the bay since moving into the property.

23. Notwithstanding the above, and if it is held I do not have the right to park, I refer to clause …. of the tenancy agreement which states that the landlord can only change the agreement by following the steps of clause ….. This procedure was not followed; hence the tenancy agreement was not varied. The letter dated …. starts off by saying the landlord has “instructed” the claimant to control parking. At no point did the letter consult. In addition, the letter did not inform “the tenant of the landlord’s intention to serve a notice of variation” as per Section 103 of the 1985 Housing Act. If this is not accepted I kindly and respectfully refer the Judge to the case of Pace Recovery and Storage Limited V Mr. N which was heard on Thursday 24th November 2016, in that the facts are identical, in particular paragraph 14 of the judgement:

“You will see from the wording used it does not look as though it is a consultation process. It is saying it will be operating a ticketing, wheel clamping and vehicle towing service”.

24. The claimant avers that it has no record of any tenants or any person in the household objecting to the new scheme. The defendant refers the Judge to Felthouse V Bindley (1862) EWHC CP J 35 which states that;

“one cannot impose an obligation on another to reject one's offer.

25. The claimant also avers that the defendant accepted his part to play by requesting a permit. This was only done on advice from the Housing Association due to the defendant’s medical condition which is covered by the Equality Act 2010.

Coupon-mad

That's pretty good. This bit needs re-wording as it sounds like you are about to quote from Beavis, but the quote isn't from that case at all:

I respectfully refer the Judge to the case of Parking Eye Limited (Respondent) V Beavis (Appellant) (2015) UKSC 67 whereby his Honor Judge Harris in Oxford recognises that, and quote;

“when you have a resident, the tenancy agreement or lease will take precedence over the arrangement between the ultimate landlord and the third-party parking manager”

That quote is from Jopson v Homeguard (Appeal).