Impending court case - Private parking space ticket

KeithP

I would suggest the Defendant now Acknowledges the Claim. by email. Send an email enclosing a PDF of the appropriate signed form in the same way and to the same email address that will be shown in my next post.

This must be done today - it is already late.

KeithP

36Hertz wrote: »

Issue date was 7th Oct

With a Claim Issue Date of 7th October, the Defendant had until Monday 28th October to do the Acknowledgment of Service.

Having done the AoS, as suggested in my earlier post, you have until 4pm on Monday 11th November 2019 to file your Defence.

That's over over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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 everywhere I have written 'you' or 'your' I mean the Defendant.

36Hertz

KeithP wrote: »

I would suggest the Defendant now Acknowledges the Claim. by email. Send an email enclosing a PDF of the appropriate signed form in the same way and to the same email address that will be shown in my next post.

This must be done today - it is already late.

We do not have the acknowledgement of claim form as we sent it back to the court filled in via post - Is it the same as this one i found on the government website ?

FORM N9(cc) - Looks the same but has

In the High Court of Justice
Queen’s Bench Division
Commercial Court
Royal Courts of Justice

at the top is this correct opr should it be different?

KeithP

This form:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/772450/n9-eng.pdf

Hint: fill it in online before printing and signing - it's neater.


Copy the details, e.g. court, claim number, etc, from the copy of the form you kept when sending the original back.

36Hertz

KeithP wrote: »

With a Claim Issue Date of 7th October, the Defendant had until Monday 28th October to do the Acknowledgment of Service.

Having done the AoS, as suggested in my earlier post, you have until 4pm on Monday 11th November 2019 to file your Defence.

That's over over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

1. Print your Defence.
2. Sign it and date it.
3. Scan the signed document back in and save it as a pdf.
4. Send that pdf as an email attachment to
5. 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'.
6. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
8. Wait for your DQ from the CCBC, or and then re-read post #2 of to find out exactly what to do with it.

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

Many thanks - Found the AOS form and filled it in - she is send that over now

Have already got defense written out but obviously need to edit it a touch now so will get to work on that then post here asap

36Hertz

please see below for draft defense if anyone can give advice it would be much appreciated - Most of it was taken and amended from posts on this board that were in the right area for this kind of case (i think)

Not sure If i have added anything that i need not and also if I have missed anything that I should have included

Also not sure about 5.1 ???

Thanks in advance



IN THE COUNTY COURT

CLAIM No: xxxxxxxxx

BETWEEN:

xxxxxx (Claimant)

-and-

xxxxxx (Defendant)

1. I am the Defendant, xxxxx , DOB xxxx, and reside at xxxxxx

2. Save as specifically admitted in this defense the Defendant denies each and every allegation set out in the Particulars of Claim, or implied in Pre-action correspondence.

Preliminary matters:

3. The Particulars of Claim lack specificity and are embarrassing. The Defendant is prejudiced and is unable to prepare a full and complete Defence. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant add to or expand his Particulars at a later stage of these proceedings and/or to limit the Claimant only to the unevidenced allegations in the Particulars of claim.

4. The Particulars of Claim fail to refer to the material terms of any contract and neither comply with the CPR 16 in respect of statements of case, nor the relevant practice direction in respect of claims formed by contract or conduct. The Defendant further notes the Claimant's failure to engage in pre-action correspondence in accordance with the pre-action protocol and with the express aim of avoiding contested litigation.

5. It is admitted that on xxxxx the Defendant's vehicle was parked in the sign posted designated parking space for xxxxxxxx.
5.1. The vehicle was parked in this location by the Defendant's partner who is the sole tenant for that address and has full unhindered use of the designated parking space as specified in his tenancy agreement.
5.2 The vehicle was parked adhering to the stipulations agreed in the tenancy agreement for the property.

Authority to Park and Primacy of Contract:

6. It is denied that the Defendant or lawful users of his/her vehicle were in breach of any parking conditions or were not permitted to park in circumstances where an express permission to park had been granted to the tenant permitting the above mentioned vehicle to be parked by the current occupier and leaseholder of xxxxx, 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. The lease terms provide the right to park a vehicle in the relevant allocated bay, without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle or the requirement to display a parking permit. A copy of the lease will be provided to the Court,


7. The Defendant avers that the operator’s signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial.

8. Accordingly it is denied that:
8.1. there was any agreement as between the Defendant or driver of the vehicle and the Claimant
8.2. there was any obligation (at all) to display a permit; and
8.3. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

9. It is also noted that the tenant's tenancy agreement was renewed on xxth July 2019 and yet no amendment was made stating any kind of clause or contract with the claimant nor any request or demand for use of parking permits in any vehicle parked in the space provided as part of that agreement. A copy of the lease will be provided to the Court, it is also noted that to date the tenant has received no notification from the landowner nor letting agent regarding this designated parking space that the Claimant has any rights to enforce any fines for the designated parking space.

10. It is denied that the Claimant has standing to bring any claim in the absence of a contract that expressly permits the Claimant to do so, in addition to merely undertaking parking management. The Claimant has provided no proof of any such entitlement.

11. It is denied that the Claimant has any entitlement to the sums sought.

12. It is admitted that interest may be applicable, subject to the discretion of the Court on any sum (if awarded), but it is denied that interest is applicable on the total sums claimed by the Claimant.

13. The Claimant has wrongly pursued the registered keeper of the vehicle as the Defendant. Notice has been supplied by the not only the tenant but also the estate agents acting on behalf of the Claimant before the Claimant issued court proceedings. However the Claimant has continued to issue court proceedings towards the vehicles registered keeper after notice had been given. This falls foul of the claimants chosen parking associations (BPA) guide to members for parking management on private land which states in section 2.1 the following:

It is important to remember though that if you are given a serviceable name and address for the driver, you must use this information. It is unlawful for you to pursue the keeper of the vehicle if you have a serviceable name and address for the driver.

The Defendant therefore questions why the Claimant has unlawfully pursued the registered keeper for the vehicle even though notice was given via multiple parties who the driver of the vehicle was at the time of the alleged offense before court proceedings were started.

The Claimant has received this information in writing as well as by email and phone but has still chosen to pursue the registered keeper rather than the tenant who parked the car in the designated parking space. A printed copy of email to be provided to the court.





14. As part of the correspondence between the Claimant and the tenant's letting agents (xxxxxx) regarding this matter the Claimant is unsure as to which specific areas of the communal car park it has any right to patrol or issue fixed penalty notices. Even after these court proceedings were issued the claimant is both unsure as to who is in charge of the land and which areas are to be patrolled and even questions as to whether the PCN notices should of been issued.

It is noted that on the 22nd October 2019 The following question was asked by a xxx xxx of xxx Limited to Miss xxx xxx from xxx xxx regarding this matter. Also copied in on this exchange was landlady Miss xxxx xxxx:

From: xxxxxx
Sent: 22 October 2019 13:43
To: xxx
Cc: xxx
Subject: RE: xxxx


Hello xxxx,


Residents should not be contacting myself and should contact our Customer Service Team.


I am unable to provide an answer other than the fact that he was not displaying a valid permit, without confirmation that where he has been parked is no longer covered by our patrols. Please can you confirm whether this area is to still be included in the patrols or if it should never have been?


I look forward dot hearing from you.


Kind Regards,


xxxx


Sales Executive
xxxxx Ltd’



A printed copy of this email will be provided to the court.

The Defendant asks why a PCN was issued or even why court action was commenced when it appears the claimant is unaware of which area they even claim to have rights to patrol and issue PCNs nor if they should of even issued PCNs in the first instance for that area.

15. No on screen PCN was issued at the time of the alleged offense but according to the IPC code of practice it should be no less than a 28 day period of non payment before application for the drivers details can be made with the DVLA as no on screen ticket was left with the vehicle the 28 day grace period was not adhered to before details were obtained from the DVLA.





16. Signage clearly shows that the area is for residents of the property and each bay is numbered. Nothing is included on this signage showing any request for permits nor any authority from the Claimant – Photos supplied to the court.

17. The Claimant is relying on documents which have not been disclosed to the Defendant despite written request to do so on multiple occasions. The Defendant has had to issue a Subject access request to obtain any kind of "Evidence" from the Claimant


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






xxxxx

Date -

1505grandad

Before para 1 - title of doc required i.e. DEFENCE

Defence - no "s" also offence - no "s"

You are quoting both BPA and IPC CoP - what is the full name of claimant as stated on the Court docs?.

36Hertz

1505grandad wrote: »

Before para 1 - title of doc required i.e. DEFENCE

Defence - no "s" also offence - no "s"

You are quoting both BPA and IPC CoP - what is the full name of claimant as stated on the Court docs?.

Many thanks

Claimant is UK Car Park Management Limited

1505grandad

"Claimant is UK Car Park Management Limited" - therefore IPC

In para 13 you have quoted BPA

36Hertz

Quick update on this:

Defense was completed and sent by my partner to the court in time - Acknowledgement letter sent to her from court detailing that the claimant has to do certain things to move forward now and if they dont the case will be put on hold

How ever

I now have had a court letter sent to me for my car for parking in the same place early last September so that is now two court cases for two cars that have been parked in my parking space by myself

My estate agents still have not been able to find out who property management is

Landlord apparently has been getting rather annoyed with them about all of this as well

As yet they have not sent me any of the information requested on 20th Oct as part of the Subject access request (1 month passed)

Couple of questions:

Is there not a time limit to start court cases with regards to this as it has been over 12 months since the alleged offense?

As they have been notified by myself and my estate agent that it was me who parked both cars in my space should they not have merged both cases into one?

Anything else I should know for my defense?

Issue date was 11th Nov - Can someone tell me the deadlines I have?