Es parking court claim

NeilCr

Ruby82 wrote: »

It is a driveway

And a garage?

Okay so either - as I sad earlier - these bays are visitor and tradesmen bays and people like yourself are parking a second/third car there. Or there is a problem with folks from outside the estate using them. I must say I have some sympathy with the introduction of permits in both of those cases. That, though, doesn't necessarily make it right or show that it has been done correctly.

Sorry - more questions

You said upthread that residents used these bays for visitors and/or tradesmen. Is there anything, anywhere in writing from the HA that says what these bays are for

And you also said that there was no warning of this introduction. Have you now got anything that explains why? If not I'd ask - and, also, ask under what authority the changes were bought in

I don't think your para 4 stands at all. To my untrained eye you should be looking more at no consultation, poor signage (as you say the sign states for HA residents only) and, possibly, custom and practice

But, it's not my real area of expertise now. Hopefully, someone with more knowledge will comment, too

Ruby82

The bays are extra bays for residents and visitors but all of a sudden the housing used a parking firm to empty the bays.
Only residents and tradesmen been using them
The only sign is on the wall stating for residents and visitors.
Nothing in my lease to say u cant use them.
Am sure av covered poor signage in the defence.

If anyone can else run through it much appreciated

Ruby82

Authority to Park and Primacy of Contract
4. It is denied that the Defendant or lawful users of his/her vehicle were in breach of any parking conditions. The above mentioned vehicle to be parked by the current occupier and leaseholder of xxxxxxxxxx, whose tenancy agreement permits the parking of vehicle(s) on land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms.

-Amended para4-

Ruby82

4.1. The lease contract makes!no!assertion that a permit must be displayed to use the bay, nor that a penalty of £100 must be paid in the event of a failure to do so.!
Without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle or the requirement to display a parking permit.
4.2. The tenancy agreement’s lack of specificity on any conditions related to parking in the relevant bay can only be construed that none of the restrictions asserted by the claimant apply.
4.3. A copy of the lease will be provided to the Court, together with witness evidence that prior no introduction or consultation was given.
5. Accordingly it is denied that:!
There was any agreement as between the Defendant or driver of the vehicle and the Claimant
6.1. There was any obligation (at all) to display a permit; and!
6.2. This is a residential area since 2000, never has anyone needed a permit or has been obliged in the lease to permit to do so.
Till this day the bays were extra bays for contour residents and visitors as the sign states in the attached picture.
And the Defendant is still under that housing association.
nor any residents have received any correspondence prior to the claimant putting any signs up, neither through any letters or any other means of correspondence.
As you can see from the picture the vehicle has no signs in front other than the bay beside.

Le_Kirk

Each and every paragraph should be numbered, paying particular attention to your alternative defence, which, quite rightly, carries the abuse of process points.

Ruby82

Thanks..for pointing that out Le kirk
I will number them on my wordpad

Is it ready to file?

filing it as an email would it be fine?

Le_Kirk

File it in accordance with the instructions given by KeithP in post # 12 on this thread. Warning, it must be filed by 4.00 p.m. today.

KeithP

Le_Kirk wrote: »

Warning, it must be filed by 4.00 p.m. today.

No, I think you misread my post Le_Kirk.

In post #12 above I said:

...you have until 4pm on Monday 9th September 2019 to file your Defence.

Ruby82

Ive done th aos
This is a defence

Ruby82

I did the aos on 14th