County Court Judgement Received

Le_Kirk

I suggest you re-read posts #4 & #5 again as they give you good guidance.

Blue1133

Quick Newbie Q - for the set aside, is my defence then set in stone, or can I adjust it accordingly depending upon whether the claimant and it's representative come up with.

Quick update - No response from Gladstone - and claimant referring me to Gladstones to speak about it

Coupon-mad

You can tailor your defence after set aside, especially if you ask the Judge in your draft order to require the Claimant to file & serve full particulars and photos of the signs and alleged contravention, before then allowing the D to respond (as well as to award the £255 back against the Claimant who failed to ensure they were using a current address).

henrik777

It's not a defence.

One avenue for a discretionary set aside is

the defendant has a real prospect of successfully defending the claim

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3


A defence is a statement of case (for the defence/defendant). A document or oral submission satisfying the set aside rules may or may not be the same thing.

Blue1133

Evening. I am currently working in a timeline and draft defence and going the no consent set aside route having made contact with claimant and representatives. I still have some doubts over some issues. If poc posted here would help then I'm happy to do so.

Claim relates to parking without displaying residents permit. Moved address approx 4m later. Car was sold approx 10m after alleged contravention.

My defence will I assume, rely upon inadequate signage. Which it is. Or was at the time, having successfully defended some tickets in the past there. Before reaching court.

My doubts are, is the fact I was a resident enough to defend the claim on it's own?

The permit situation, my timeline Is a bit hazy at present, there were definite issues around getting a new permit and was not delivered at one point, though records are sketchy at this time. There is also the possibility the car was moved by my then partner in order to access the garage for the property, which had space for storage as well, though will take more digging to find out, I cannot say with certainty what happened at this stage and therefore am concerned about the viability of this angle.

I was informed verbally that I could park in certain spaces by the agents and property owner though they are all retired and moved abroad now. I can check records again for this.

Do I require order of judgement? Do I require lease terms and conditions ? I was a tenant not an owner. Do i do a sar at this stage?

I am going to get some pictures of the area, though if this has changed, will a witness statement suffice to say the signs were different at the time?

Redx

Check your lease and tenancy agreement

Check the head lease too

If you signed it , you should know the conditions ,including about parking , unless it's silent on parking

Check primacy of contract , your rights over the PPC rights

Blue1133

Many thanks for your reply, however the tenancy was signed approximately 8 years ago, records are scarce on this to say the least

Coupon-mad

Do i do a sar at this stage?

Yes, I would, as you have too many questions. At least the SAR would show you all the photos and where they sent the letters, and whether the NTK was POFA compliant, given that there is a strong possibility you didn't even park the car yourself, on that day.

Email a SAR as soon as you read this reply. Use the email on their data privacy page.

Redx

Blue1133 wrote: »

Many thanks for your reply, however the tenancy was signed approximately 8 years ago, records are scarce on this to say the least

Which doesn't change the fact that it's crucial to find these details out

Court cases hinge on facts , tenancy and lease cases hinge on facts

Send a SAR to the letting agent , management company , parking company , landlord , anyone and everyone involved , perhaps the land Registry has details , plus somebody has the head lease

Read this similar thread about leases etc, don't just stay on your own thread

https://forums.moneysavingexpert.com/discussion/6025436/vcs-court-claim-defence-for-a-resident&page=3


Be like Poirot , not pushover

The_Deep

… is the fact I was a resident enough to defend the claim on it's own?

Yes, it should, very likely never have been issued in the first place, read this

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]

[FONT=Times New Roman, serif]What does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful [/FONT] [FONT=Times New Roman, serif]right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.[/FONT]