Court form received help requested

DoaM

Just be aware that Mr. Davey is/was a barrister (I think) so he was very familiar with the court process.

D_P_Dance

I too am familiar with County Court procedure, I am not a barrister.  

sadwithoutmynelson

I struggle to be honest. Hence why i miss some points or find it difficult.  I work a professional job and have worked throughout this pandemic full time in a pressurised environment but when it comes to these matters I struggle to process the information.  I spent in excess of 5 hours yesterday reading witness statements, which I have done before several times too and I am still this morning on a blank page. I understand its telling the story but when you find it challenging to process information,  it can become somewhat overwhelming.  Im determined to the best i can nonetheless..

Umkomaas

when you find it challenging to process information,  it can become somewhat overwhelming.  Im determined to the best i can nonetheless..

Great attitude, and the forum will help you through.  I think we warm much more towards someone who will try to overcome their difficulties themselves than towards those who throw their hands up in the air and threaten to give up unless someone does it all for them. Their reasons why they can't do it themselves are legend .....

D_P_Dance

I agree that it is complicated, but, (so I am told), is claiming state benefits.  Nearly everything you need to know is available to you via google, jut ask creative questions of it  and eventually you will get there.  

sadwithoutmynelson

Il keep going and really hope that one day I can help others back too. I'm determined so I'm halfway there..

Le_Kirk

Writing a witness statement (WS) can only be done by you as you know the story and that is what it is, a narrative in your own words of what happened on the day(s) and subsequently.  It won't be easy (even without your self confessed difficulty in understanding) but if you take it step by step, from the point of receiving the very first PCN it becomes a process.  Start with your defence (which is pretty nearly perfect - just add the tweaks advised by others), go through it and work out what points you need in your WS to support and back it up and what evidence you will need, then go through your thread and construct a timeline of bullet points that support your case.  Once that is done, go through it again and remove anything that you consider to be repeated or not relevant.  Once that is done, convert it from bullet points to a narrative (story) written in the first person, that is you say "I" rather than "the defendant" as in the defence.  At the beginning put a summary point that you are the freeholder and you have primacy of contract so the judge knows where you are coming from and doesn't have to wade through a long WS.  Search the forum for these words, where they have been used by others in a WS in a similar position to you.

nosferatu1001

So according ot the MA
- there are covenants. So you must find out what they are
- they then state the land is not "Owned" by you. Well according to the TP1, it is owned by you , under free hold. They may have some management powers, depending on these covenants, but unless you have leased it to them - for a sum, not free! - it is still wholly owned by you
I would be instructing them, once you know your actual rights, to cease and desist from ...activities not covered by the covenants .... and instructing them to cancel any oustanding tickets, to cancel any ongoing court, etc. In line with your ownership and the covenants, you must do it correctly. No more guessing. 

Fruitcake

Perhaps just start with the basics and make a list of the things you want to mention, then expand on each point one at a time.

I bought the property at XXXX on AAAA which came with two freehold parking spaces marked on the map as per my  property title deeds, Exhibit SWMN001 (Your real initials plus an incremental number)
In BBBB the management company employed an unregulated parking company, Scammers Incorporated to ensure unauthorised motorists did not park on adjacent leasehold property/parking spaces. This parking company was not contracted by me to manage my freehold spaces.
I was neither consulted nor involved in the employment of the parking company, and never agreed to allow this company on my property nor agreed to display a parking permit or abide by any terms and conditions applicable to the adjacent  leasehold spaces. 
On CCCC I received a parking charge notice from Scammers Inc, Exhibit SWMN002.

... and so on.

You could include all exhibits as one attachment with one exhibit number, or itemise them separately.

If/when you have the scammer's WS, please show it here but only redact your personal data.

Have you asked the MA who will be attending the court hearing as you will be questioning them over their actions?

sadwithoutmynelson

Thankyou . This is where i have got to so far. Im still at early stages but this is where i am. 
Am i on the right track?

I am # and am the registered keeper of the vehicle in question. I am unrepresented with no legal background in county court procedures. I trust that the court will excuse my inexperience, if need be, and if any of the documentation is not presented correctly.

The facts in this statement come from my personal knowledge. Where they are not within my personal knowledge, they are true to the best of my information and belief.

 

Summary Statement

I purchased the property of 33 # since in # 2015 which included two freehold parking spaces marked on the map as per my  property title deeds, Exhibit #

1. At somepoint in 2019, the management company employed an unregulated parking company, UKCPM to ensure unauthorised motorists did not park on adjacent leasehold property/parking spaces. The parking company was not contracted by me to manage my freehold spaces.
I was neither consulted nor involved in the employment of the parking company, and never agreed to allow this company on my property nor agreed to display a parking permit or abide by any terms and conditions applicable to the adjacent  leasehold spaces. 

2.    I deny that the Claimant is entitled to relief in the sum claimed, or at all.

 

Attached to this statement is a paginated bundle of evidence marked Exhibits # to which I will refer

1. I received parking charge notices on # and # for this Claim. Claim number # on the mcol system is reflective of this claim where I have received parking charges for parking in my freehold spaces. I am the registered keeper on this claim and on claim number # I am classed as the defendant as I am registered as in receipt of the company car.  I have requested the claimant file these as one case so as to not waste the courts valuable time, however they have continued to file these as separate claims. . Under action estoppel (claim number #on mcol system) I request both hearings are dealt with at one hearing.

2. For the dates in question in this claim, namely # and #, it is strongly denied I was the driver of the vehicle. The car is used by multiple family members. At the time of the alleged incident, i was not insured even on this vehicle.  The claimant has offered nothing in the way of evidence as to the identity of the driver and if they wish to pursue the Defendant as driver rather than keeper, then they must produce strict proof. It is averred that the claimant has failed to do this on numerous points

3. Liability for the alleged debt is disputed in its entirety based on the well-established legal principle of primacy of contract: the freehold that exists extends to the use of the specified parking spaces and overrides any purported contract conveyed by the claimant’s insufficient, demonstrably illegible signage. My Freehold 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.

4. On this matter, i refer to the ruling of ParkingEye Ltd v Barry Beavis (2015) UKSC 67, insofar as the Court were willing to consider the imposition of a penalty in the context of a site of commercial value and where the signage regarding the penalties imposed for any alleged breach of parking terms were clear – both upon entry to the site and throughout.
The residential site that is the subject of these proceedings is not a site where there is a commercial value to be protected. The claimant has not suffered loss or pecuniary disadvantage. The penalty charge is, accordingly, unconscionable in this context, with ParkyingEye distinguished.

5. The Claimant, or Managing Agent, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, with no more than 10% disagreeing, pursuant to s37 of the Landlord & Tenant Act 1987, and tenants and freeholders are unaware of any such vote having been passed by the residents, including myself as a resident since # 2015.

6. i believe that any parking management company with a legitimate interest in protecting the parking rights of a residential space – which is surely their only purpose – would immediately rescind any charges issued to residents and their legitimate visitor.

7. I did, at all material times, park in accordance with the terms granted by my freehold. The erection of the Claimant's signage, and the purported contractual terms conveyed therein, are incapable of binding me in any way, and their existence does not constitute a legally valid variation of the terms of the freehold. Accordingly, I deny having breached any contractual terms whether express, implied, or by conduct.

8. My vehicle clearly was 'authorised' as per my freehold and primacy of contract and avers that the Claimant's conduct in aggressive ticketing is in fact a matter of tortious interference, being a private nuisance to residents.

9. Under the terms of my Title deed, there is no obligation to display a permit for my freehold spaces. On occasions permits were displayed but only for the convenience of the Claimant’s operatives, as the whole purpose of the parking permit is to distinguish vehicle of freeholder/leaseholders/tenants of the flats to vehicle that trespass or park without permission of landowner/leaseholders/tenants of the flats, and displaying the permit does not imply I accepted the permit was required as a condition on parking in the space.

10. There is no provision in any regulation contained in my freehold that requires me to contract with a third party with regards to car parking (which I have an exclusive right to) and absolutely no right to enforce anything that requires me to make payment to a third party

11. While the Management company may have the right to make reasonable changes, the Management company may not make conditions worse for the owner of the freehold as this would constitute a derogation of grant. Charging a penalty for not displaying a permit would make conditions worse for me. Therefore this is a derogation of grant and amounts to tortuous interference with the freehold by both the Management company and their agent, the Claimant.

12. The Claimant has sent threatening and misleading demands which stated that further debt recovery action would be taken to recover what is owed by passing the debt to a recovery agent adding further unexplained charges with no evidence of how these extra charges have been calculated.

13. No figure for additional charges was 'agreed' nor could it have formed part of the alleged 'contract' because no such indemnity costs were quantified on the signs. Terms cannot be bolted on later with inflated figures, as if they were incorporated into the small print when they were not.

14. I refer also to the ruling of  PACE v Noor, as well as Link v Parkinson and Jopson v Homeguard. 

15. The continued harassment from the Claimant and their Solicitors has only served to exasperate my levels or stress and anxiety in what is a stressful time. As an owner of the freehold of these parking spots and having never signed an agreement for  a parking company to patrol my parking spot, I humbly request the courts to strike out this claim aswell as claim number ### which is active on the moneyclaim website and for the court to disallow any further claims from ukcpm for my parking spots. 

i believe that the facts stated in this witness statement are true. i understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth

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