Court form received help requested

Umkomaas

sadwithoutmynelson said:

I have no idea where he was from but was very argumentative in favour of the Parking company and said they had rights and now it has become a well known fact they have rights and can enforce charges. Maybe it was the same judge ....

But don't you have the details of which court you nominated for the hearing?  Even though it was via telephone, the court would have been (geographically speaking) the one you nominated. 

nosferatu1001

They don't have to attend a set aside. It isn't a claim hearing. 

Coupon-mad

Judge said its a well known fact that parking companies now have rights to enforce their charges despite the references you put, so I didn’t understand why he said that . 

He means the Beavis case.  Which only applies properly, to cases of similar fact (overstay in a free retail car park) with very clear signs in large lettering and where the parking  charge claim was not exaggerated (it was only £85) and where there was a 'legitimate interest' to support it.

Nothing like your case, then!  But it will be for YOU to show the difference.

sadwithoutmynelson

Umkomaas said:

sadwithoutmynelson said:

I have no idea where he was from but was very argumentative in favour of the Parking company and said they had rights and now it has become a well known fact they have rights and can enforce charges. Maybe it was the same judge ....

But don't you have the details of which court you nominated for the hearing?  Even though it was via telephone, the court would have been (geographically speaking) the one you nominated. 

I asked for my local court so I hope it was that but the paperwork said it wasn’t guaranteed as it was a telephone hearing. 

sadwithoutmynelson

nosferatu1001 said:

They don't have to attend a set aside. It isn't a claim hearing. 

Thankyou. I was hoping it was a good sign of things to come but ok I understand thanks. 

sadwithoutmynelson

I will look for the documents today. The estate management company have said even though the house is freehold they have the right to manage the car park as it is in my contract that the car park is managed by them by whichever means they choose. This worries me. The estate management company are a very very unfriendly lot in general and all our neighbours have had numerous fall outs with them. This was my first house purchase and I didn’t really understand the concept of buying a house with this estate management company as part of the purchase of a new build. I purchased a freehold house but my parking sits at the back of the house which is where those who have flats park. I will really learn a lesson from this next time. 

sadwithoutmynelson

Coupon-mad said:

 Apparently when purchasing the house I agreed into letting a management company manage my land. 

On what basis did the Judge conclude that this included costs for parking your car?  There was zero evidence in front of him/her.

Well done on the set aside and staying strong.  You need to submit a defence and witness statement together, plus your evidence all in one go I suggest, because otherwise with these set aside cases you are never given an opportunity to file and serve a WS & evidence (which is wrong).

So your defence will be based on adapting the TEMPLATE DEFENCE (see top of the forum) to make sense for a case where you never agreed to onerous parking charges at home.  There are LOADS of threads like yours about parking in someone's ''own space'' so search the forum for those 2 words.

Your WS needs to include exhibits such as PACE v Noor, as well as Link v Parkinson and Jopson v Homeguard. 

All those transcripts are easily found in the Parking Prankster's second page of 'MORE CASE LAW' (Google it, as ever).  And your WS can be copied from any other good one someone has recently done where they own their house.  You will soon see some good ones when you search, try searching for 'witness statement Noor' or 'witness statement Jopson' etc. on this forum.

Did you say there were two set asides, or a second claim or LBC?  What's the status of the second one?  Have you got to defend BOTH at once?

Just read the template defence, Thankyou . Will work from that. The other case I worry will get a hearing and my defence that I submitted was not aligned to the template defence. I did include it early on in this thread somewhere. The judge said i can only request for both claims to be heard as one and that doesn’t have to happen which is disappointing . 

Yes judge seemed to think that my costs would go up significantly if I had a hearing and i do loose and it would include the other sides costs including the legal paper they wrote in saying they wouldn’t attend yesterday. I was almost tempted to give in but stuck to my guns and said I’d like to have the opportunity at a hearing , 

nosferatu1001

Read precisely what the freehold states. Do you own any part of the carpark, under leasehold, for example a specific space? Is it communal parking, and your freehold deeds give you rights to use it? What are those rights, precisely?
You need to get documetns out and read 
Dont just take the MCs words at face value and believe them. 
If you are in any doubts show us your documents redacting anything that IDs you and you alone, but leaving everything else in and incouding everything - any schedule, appendix etc. 
No costs bloody wont go up. Hearing fee is £25. Thats the only cost they are ever likely to get
CPR27.14 tell s you this. Small claims track does not allow them to claim legal costs for attending a claim hearing nor can they calim employee costs; only costs of people attending where the company is making them take holiday, which of course this isnt because if they are attending, it is in their capacity as an employee. 

Coupon-mad

There will not be huge costs for defending the claims.  You are entitled to defend, and your defence can now be a better version as surely the one your showed to him was just a draft to support your set aside hearing...it wasn't your defence that you are now being asked to submit (and I say also submit a WS and all your evidence - now).

sadwithoutmynelson

I cannot find the deeds to my house anywhere. Iv turned the house upside down.  I have contacted my original conveyancing solicitor and still awaiting a response.  Currently all I have is what the estate management company sent me. My property is number 33. They say u own the freehold but they manage the spaces which is why I pay the management fee they say. 

The judge has asked for the defence by the 8th so I think it should be done before tomorrow. 

My ccj is also still showing. 

Very grateful for all the help.