County court letter (particulars of claim & parking sign pics attached)

wjam

Hello
After reading through the newbie links, I still don't know where I stand regarding this, so any help with this would be much appreciated!

What happened:

My father parked at the communal courtyard area of the development where I live since our parking space was occupied by an unknown car. The paved courtyard is owned by the same freeholder.

To get access to the communal courtyard, you press a buzzer and the concierge just let you in.

He parked next to my home. The whole courtyarded area is paved, with no road markings or designated parking bays.

A ticket was left on his car and weeks later he started getting letters from the parking company. He ignored the parking firms letters and a court letter arrived (attached below). Issued 18th July 2019.

Since this incident we have actually found out that if you obtain a visitor's permit from the concierge then you can park on this paved courtyard area, however, that information is not given on the signage.

What we have done so far:

We have acknowledged the claim online and now have around 2 weeks to word a defence.

If anyone can help by pointing me in the right direction, I'd be most grateful.



Only parking sign in area


Parking Area

Fruitcake

Edit your post to remove your VRN!

Read and follow the guide to court written by bargepole you will find in post 2 of the NEWBIES.

What does your lease/AST say, or indeed not say about parking and parking permits? This will have primacy of contract of anything a third party thinks. The can't add on extras to a contract you already have with someone else.

Look for the thread by beamerguy called, "abuse of process" as several cases have been thrown out where the scamlicitors have added on the extra fake £60.

wjam

Thanks Fruitcake.

These are the only sections in my lease that reference the parking:

Rights granted to the Tenant

1. For the purposes only of gaining access to and egress from the Block with or without vehicles over the estate roads within the estate as directed by the landlord and at such times as the landlord thinks fit.

2. The (exclusive) right to park one private motor vehicle in the parking areas in such parking space as the landlord may from time to time designate and notify to the tenant in writing.

3. The right of way with or without vehicles over and along and through the parking areas and the ramps and accessways leading to and from the parking areas and from and to the public highway in the exercise of the rights contained in paragraph 6 above subject to such regulations as the landlord may from time to time notify to the tenant or display in the parking areas and if the parking areas are not immediately adjacent to the public highway the right of way along such routes as the landlord may specify to and from the parking areas.

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?

wjam

KeithP wrote: »

What is the Issue Date on your Claim Form?

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

Hi KeithP
It came from the County Court, I've attached the top of the letter below.

KeithP

With a Claim Issue Date of 18th July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 20th August 2019 to file your Defence.

That's over three weeks away. A little longer than you thought. Loads of time to produce a perfect 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.

Of course where I have written 'you' or 'your' I mean the Defendant.

The_Deep

The lease says

2. The (exclusive) right to park one private motor vehicle in the parking areas in such parking space as the landlord may from time to time designate and notify to the tenant in writing.

But you tell us

The whole courtyarded area is paved, with no road markings or designated parking bays.

Please clarify.

Have you read this?

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.




2. The (exclusive) right to park one private motor vehicle in the parking areas in such parking space as the landlord may from time to time designate and notify to the tenant in writing.

But you say

wjam

The_Deep wrote: »

The lease says

The whole courtyarded area is paved, with no road markings or designated parking bays.

Please clarify.

Have you read this?

Hello The Deep
So where he parked and incurred the fine is the courtyarded area pictured. This area, as you can see has no road markings or parking bays. Anyone can access the courtyard by just pressing the button at the barrier.

I do have my own parking space, in a separate area, where he would have parked on the day if it wasn't occupied by someone else's vehicle.

I'm assuming the fact that I have a parking space is completely separate and irrelevant to this fine, as it is nowhere near the area where the fine was incurred. It's just owned by the same property management company/freeholder.

Hope that makes sense

wjam

Apologies for the confusion and the change to the original post. I am dealing with this case on behalf of my father since he was visiting me at the time so I feel responsible for the fine.

wjam

Hello
I have started cobbling together a defence and would be massively grateful for your opinions.

Should I add on the visitor permit hidden detail not listed on the sign?

________________________________________
DEFENCE STATEMENT
________________________________________

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

2. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

3. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They state that there should be ‘No parking on roadways at anytime’ but giving no definition of ‘roadway’. Continuing ’You must park wholly in a marked bay’, but there are no marked bays or markings of any kind. Stating further that ‘No parking on roadways / yellow lines / paved / hatched or landscaped areas. All of the area is paved, meaning parking is forbidden thus there is no offer to park and therefore no contract.

4. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

5. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

6. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

"I believe the facts contained in this Defence Statement are true."

KeithP

Following your 'adjustments', I have added a line to the bottom of post #6 above.