Parking in own space: issued with claim despite previously winning at County Court

UKCPM_Suck

Hi hope you can advise on my situation. I have been issued with a county court claim for parking in my own space without a valid permit (it fell off the windscreen). I am the leaseholder for the property and previously defended myself at the County Court, with the case dismissed by the district judge. I used this forum to inform my defence, it was really helpful though takes some time to work through.

So I've been issued with another parking ticket by UKCPM, followed the POPLA appeal using a leasehold defence, got rejected as expected, then a letter before claim to which I responded with a copy of my leasehold. Back comes the response from Gladstones that it's not signed, I don't respond (too busy), though I am not sure what I was supposed to do at that point, and now have been issued with the claim form.

I intend to defend myself in court, using the leasehold defence and drawing on the arguments I made last time. I am minded to ask for the case to be considered by the same district judge who dismissed Gladstone's claim the last time. Will that help?

I am also minded to ask for costs and to include this as a counterclaim. I think I have a case given they are already aware of my specific circumstances, they previously lost the case and I have pointed this out to them (and POPLA) in my correspondence. Surely they would have the good sense to leave me alone and stop bombarding me with fake penalty notices and final demands? I feel there should be a cost to this inconvenience.

Can anyone advise me on:

1. The likelihood of my defence being successful again. The facts have not changed, nor the terms of my leasehold which provide for an exclusive right to park etc.
2. Whether I should counter claim, and how to do this.

I am not looking for a long drawn out process, and don't want to push my luck, but I'm sure as hell not going to pay these cowboys any money!

Thanks in advance,

Jon.

The_Deep

Have you approached your management company about this? Tell them that unless they get this cancelled you will include them in a counter claim for harassment.

If you do not need a permit why do you continue to display one? You do not need to counterclaim for unreasonable behaviour you ask for it when you win your case. However, a counter-claim, (for harassment, trespass, under the DPA, etc., does prevent them from discontinuing and leaving you out of pocket. Have yo involved your MP? You should.

nigelbb

Why are you displaying a permit if you already won a case confirming that you don't need to?

Umkomaas

1. 50:50. Depends on the Judge, on your defence, on the Particulars of Claim the Claimant puts forward. You might refer to your prior case, but it is not any form of precedent.

The forum can help with the process and has an excellent record where posters follow the process with us right through to the hearing.

2. If it's for your costs for the actual day in court, then they form part of your overall defending of the case and a cost schedule is submitted to all parities a few days before the hearing. If it's for anything other than that (as intimated in your opening post), you need all your ducks in a row and each one will have to jump a pretty high bar.

Half_way

A few questions:
After winning the last case, what action did you take with the management company?
Why are you continuing to display a permit?

UKCPM_Suck

Yes I did with the previous claim but they said they couldn't intervene. I had assumed UKCPM would eventually leave me alone once I had explained the facts.

UKCPM_Suck

in short, none, though have explained my successful defence in the residents facebook group, and there have been a number of complaints about this issue. So the management company are aware, but I did not write to them personally. Does this make a difference?

UKCPM_Suck

The short answer is that I'm not looking to accumulate lots of tickets, and would want to avoid a protracted confrontation, and the time it takes to defend every claim. There is a parking management company in operation for the benefit of residents. I don't see why I should be penalised for a permit that has fallen off the screen.

RPWJ

I would imagine you turn up at court and get it dismissed when you mention your previous case. I don't see how one judge can go against your previous result.

Half_way

The management company can be liable for the actions of is agents, ie the parking company.
You should grey in touch with the management company, give details of the previous case, and the them that they must stop their agents from pursuing this.
Remind then that they are jointly liable for the actions of the parking company and could also be liable for your costs/any counter claim

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?