VCS Court claim - defence for a resident

stevejones23

Hi All,


I've read over the newbies thread several times and in detail. I'm after any advice anyone has for structuring my defence in the circumstances. Please let me know if I have overlooked any other resources on the forum. Hopefully I won't take up anyone's time unnecessarily.


Timeline (dates adjusted)

• Letter before claim received 24 April 2019. The letter stated I had until 24 May 2019 to reply.
• I reply via email on 15 May 2019 following the advice on this forum asking for a Letter Before claim which complies with the standards on justice.gov
• I receive confirmation that it has been forwarded to the relevant department 17 May 2019.
• I chase up at further intervals (30 May and and 16 June) and again receive another acknowledgement (17 June).
• Around 30 June 2019 I receive a Claim Form. The claim form is dated 26 June 2019. I understand it is treated as served 5 calender days after the date of the letter (1 July) and I have 28 days from that date to submit my defence once I have completed an acknowledgement of service. I have completed the acknowledgement of service and did this around 1 July 2019.
• I make a subject access request 2 July 2019 as per post 2 in the newbies thread

Facts of case

• I was a resident at a block of flats for approximately 2 and half years
• I had a permit and a numbered car parking space. There was also a visitor's car park
• There was a barrier to prevent unauthorised access to both the visitor's car park and the resident's car park
• I have my tenancy agreement. There is not a specific mention of an allocated car parking space, only that I can park there if I have one. I do have an email to the letting agent confirming I am returning the parking permits and photgraphs of the car park which show my numbered space. In short I think I can prove on balance that I was entitled to park there.
• The claim form does not contain much in the way of particulars. It only says "breach of contract for breaching the terms and conditions of private land. Vehcile identified late 2015 in breach of advertised terms and conditions in restricted area of car park". I have not seen ay photgraphs and I can't see any further detail on what the precise nature of the breach was.
• Although barriers were in place to regulate access to the car park these were frequently opened if you just drove up to them and I frequently had to deal with either a) people parking in my spot or b) people loading/unloading and blocking access to my space (difficult to explain without a long word count so I won't elaborate yet).

I am currently putting a defence together based on the advice in the newbies thread at post #2 under "YOUR OWN SPACE".



My questions are:

1. What are my strongest arguments that I should draw attention to?
2. What are the strongest existing legal cases I should draw attention to? this one maybe - UK Car Park Management Ltd. -v- Miss C
3. Is there anything I have missed, or any facts I may have omitted, that could strengthen my case?
4. Are there any issues with plagarising the defences on this website?

Thank you for your time and consideration. Please let me know if any further detail is needed.


SJ

KeithP

Please adjust all the dates in your opening post.
All of them are in the future and it is impossible to offer guidance based on them.

What is the Issue Date, not a fudged date, on your Claim Form?

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


Also, if you have based your forum username on you real name you are best advised to get it changed to something much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

stevejones23

Thanks Keith,


Dates amended.


The court was Northampton County Court.


Thanks for the heads up re the name but this is not my real name.

KeithP

stevejones23 wrote: »

Around 30 June 2019 I receive a Claim Form. The claim form is dated 26 June 2019. I understand it is treated as served 5 calender days after the date of the letter (1 July) and I have 28 days from that date to submit my defence once I have completed an acknowledgement of service. I have completed the acknowledgement of service and did this around 1 July 2019.

With a Claim Issue Date of 26th June, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 29th July 2019 to file your Defence.

That's a little over a week away. Loads of time to produce a good Defence, but please don't leave it to the 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 "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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.

stevejones23 wrote: »

The court was Northampton County Court.

I am sure you mean the County Court Business Centre in Northampton, which is a different place to Northampton County Court, and my response reflects that.

stevejones23

Hello Keith,


Thanks again. I thought I posted much earlier but apparently not as I've come back to check.


I've completed my defence based on the templates in the newbies thread for circumstances in which you have a numbered space. I have borrowed bits from Jonersh and Coupon-mad.



Should I post this on here?



Can you advise me on what evidence to include? I was thinking:
- The tenancy agreement with references to the specific sections where parking is mentioned. I don't have a tenancy agreement prior to the date of the alleged incident so I was also going to supply emails that I sent to/from the letting agent which shows that I lived there.

- Google map of the car park to show the layout, highlighting my flat, car park space and the visitor's car park

- Photos of my car park space and the visitor's car park


If there is anything else you can think of I would appreciate it.


Thanks


SJ

KeithP

Nothing gets included with a defence.

As the NEWBIES thread tells you, evidence comes much later.

Study the example Defences you will find linked from post #2 of the NEWBIES thread, paying particular attention to those concise Defences by Bargepole.

stevejones23

Ok Keith will do thanks for letting me know re evidence

stevejones23

Hello,


I have filed my original defence and the questionnaire. I sent copies via email for completeness.


I have since received a response from the company in relation to my subject access request and can view the photgraphs taken of my vehicle.


They show the vehicle parked up on a curb outside of any marked bay. It was not blocking any road or way in/out of the car park. This was almost certainly as a result of someone parked in my own numbered bay and the visitor's car park being full, so no other choice.



Should I amend my defence to reflect this in any way now at this time? Or should I explain this in my witness statement?


Thank you for your time and consideration.


Steve

KeithP

stevejones23 wrote: »

Should I amend my defence to reflect this in any way now at this time?

No. Too expensive.

Le_Kirk

stevejones23 wrote: »

Should I amend my defence to reflect this in any way now at this time? Or should I explain this in my witness statement?

As KeithP states above, it is expensive - £100 to amend a previously submitted defence I believe. You can use the Witness Statement (WS), which is a narrative, i.e. what happened on the day, to explain but it is normally for the Claimant to prove their case, so don't volunteer it, instead wait and see their WS (if timing permits) before you submit yours and adjust accordingly.

stevejones23

Thank you for the reply Le_Kirk and KeithP


I will use my witness statement


In terms of a timeline the letter from the court does not specifically state when I (defendant) should submit a witness statement. It gives a date for the claimant to do so which is almost a month before the court date. Is this normal and do I work on the assuption of submitting witness statement and evidence no later than 14 days before the hearing?



I have another question: the photos received from VCS show my vehicle up on a kirb not in a bay. For clarity it was not blocking any road or path. This was several years ago but I frequently had trouble with people parking in my bay and the visitor's car park being full. Is this likely to scupper my defence?



Thanks


Michael