Court form received help requested

Redx

well, as you found out , its complicated and a legal nightmare

depends on the contract with the MA, you should have been consulted about this and possibly a vote held , you are the freeholder so I would have thought that you are the landowner too, as a freeholder, like my drive is on my land

I can understand that the MA may have rules in place about parking but you have the right to peaceful enjoyment over your own land , so I would have thought over your own parking spaces, like DAVEY did

how can you be the landowner and the freeholder and yet someone else can contract on your own spaces ? unless you were to give them permission ?

so if for example your vehicles get ticketed then surely its obvious that an MA should have a cancellation clause in their PPC contract  ?

perhaps your vehicles should be added to a whitelist ?

if you havent given the PPC permission over your spaces, then perhaps the PPC shuld not be monitoring your spaces ?

these are the complicated legal issues, depending on what you are paying the MA for, but ticketing your own vehicles in your freehold spaces does not seem to compute, which is what you believe too, so check the MA contract that you entered into, find outr why they have allowed you to be ticketed, under what legal grounds etc, because as a freeholder its your land , not their land ? surely ?

how can they say they own it when they dont ?

your solicitor says that YOU own those spaces, as freeholder and as owner , so they do not, but there are covenants so cleaning etc and managing green spaces , YES, we know, but employing UKCPM to ticket you ? I think they overstepped the mark there

that email is a part of your WS + Exhibits now , to show you are the owner and also the freeholder !!

have we seen the exact contract between you and the MA yet ?

legal battles like this can be costly, but you have to convince a judge that you are in the right here

so many questions , so little time

sadwithoutmynelson

I asked them in the first instance repeatedly to cancel my tickets. I explained the whole purpose of the monitoring of parking was to stop others parking in my space , not to get ticketed in my own spaces outside my own house. I explained the stress and annoyance iy was causing but the ma repeatedly said they had not authority to cancel the tickets. 

I also stated its the same 2 cars that are parked there so remove them from future ticketing . They are my cars yet they  refused and more or less said its tough.

You  may see that I have a little walkway in between my cars parking that is just within my spaces where I can enter my back garden. Nobody else would ever use this as its immediately in the middle of my 2 car spaces. I was parking a little in that  space so my neighbours could open their car doors freely as they have car seats . However i still got ticketed for this. I explsined this also to the ma company and the fact that its space and area and I'm helping my neighbours by parking more on my side yet they still refused to cancel these tickets or prevent future ones- for parkinh on my own area! 

Its beyond  ridiculous.  

I dont know how to start my defence even now. 

Redx

have a look at the OWN SPACE defence Johnnersh posted, then adapt it ?

also, earlier in this thread it says a defence was filed in january of 2020 ?

so surely this will also be a part of your new defence ?

sadwithoutmynelson

Yes so the defence filed was for the other case against me by cpm for the same thing for my company car. 

Il have a look at johnnesrh own space defence. 

Do I need to do a witness statement also and a draft order again and include the map I sent ? 

Redx

you have the court order and were probably told what to file and by when

my opinion, as a non legal opinion

1) is that you file a new legal argument defence against the original case (or the one on file holds true if they havent told you to file a new defence ?)

2) you file a WS as well, including numbered exhibits as say ABC/001 , ABC/002 etc which are your exchanges with the MA, the documents you posted up , the emails from your solicitor etc etc

3) numbered EXHIBITS that are mentioned in your WS, so plans, documents , signage , emails etc

4) your SUMMARY COSTS ASSESSMENT , detailing all costs you want awarded, like the £255 , cost of prparing everything etc

you have had almost 9 months to prepare all this , on the assumption you obtained a set aside, so all the above is probably what ahs to go before the court by deadline day, plus copies to the claimants solicitor , if they are using one ?

usually its emailed to both court and solicitor by deadline day

you already have a defence, possibly based on the Johnnersh one ?

you are drafting and sending a WS , including numbered exhibits

you are including EXHIBITS (EVIDENCE to support you claims and to rubbish their claim)

you are including a SUMMARY COSTS ASSESSMENT too !!

so you are including EVERYTHING, all at once !!

surely you know all this after all this time ? its all in this thread saga you have posted, I have cherry picked parts of your own thread, so familiarise yourself where you are up to now, and read the recent court order too !!

sadwithoutmynelson

Thankyou. No court order was sent recently. Iv even checked on mcol. Just the judge said on the  phone call to file a defence  . 

Ok i have a previous witness statement which i will adapt based on my defence . 

How do I calculate the cost of preparing everything? 

I will stay up after dinner and get it all done. 

Thank you so much.  

KeithP

Well you can save yourself a bit of time by never ever checking MCOL again. Nothing relevant to your situation will ever appear there.

sadwithoutmynelson

I'm learning something new everyday . Thankyou so much 

Redx

you are dealing with your local court, not MCOL , not the CCBC in Northampton

the judge in your case would have issued a paper court order, maybe it hasnt arrived yet ?

you cannot say it wasnt sent , you do not know this for a fact !!!

you can say that it has not arrived yet, a different statement !!

think about your statements, what they mean , words are important in legal matters

you must have heard what they said, but as I said, submit everything by deadline day , even if they only said defence , prepare and submit it all , they can cherry pick what they want from it, but ensure you send copies to the claimants solicitor too (or the claimant if no solicitor involved)

how do you do it ?

by reading the NEWBIES thread , by reading other 2020 completed and nearly completed court case threads, including those with WS and exhibits mentioned, and summary costs assessment etc, by reading the loadsofchildren123 posts where she told people how to prepare their summary costs assessment and gave examples

its all here if you read through stuff , like we have done, it should already have been prepared in the previous 8 months !!!

all you are doing now is playing catch up, but surely you know by now to read the newbies threads and other court case threads ?

I dont even have any pcn,s or court cases yet reading threads on here has vastly improved my knowledge of all these matters , you are not the first, there are dozens of winning court cases over the last two years, surely you have read some and cribbed what they did ?

I would have been avidly reading everything I could in the last 6 months , preparing drafts of the various stuff I mentioned, had an ongoing costs draft on the go , all ready for whan the judge granted the set aside !!

I dont know how come you say you dont know what your defence is when you have already prepared one last january ?

I only read parts of your thread today and ascertained a lot of stuff from it, even guessed some of it

be like Poirot, not Clouseau

good luck

Redx

Coupon-mad said:

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).

read what coupon mad told you just over a week ago , to be done by next tuesday

I quoted it above so you can see exactly what she told you , my advice is to reread your own thread again, you are missing replies and then asking what to do