Court claim has arrived. One Parking Solutions.

junior_oak

Le_Kirk said:

You don't need to "send back" the forms, just use MCOL and do the AoS online.  Find the NEWBIE sticky (go HERE) and scroll down to find a link to a drop box file that explains how to compete the AoS.  Lots of other useful advice in that thread/discussion including defences and witness statements, also search the forum for new template defence if the PPC or their solicitors have added spurious additional costs.

Oh yes of course, I will be doing it online following those guides. 

I'm not sure if it was worth doing as maybe too late, but I sent One Parking Solution a SAR and emailed DCB Legal to tell them I require a restriction of processing and that the case should be put on hold as per the NEWBIES post. 

Thanks everyone for help so far,

Le_Kirk

Always worth submitting a SAR - info from that will be useful at Witness Statement (WS) stage.  They won't put the case on hold now as you are into the legal process and CCBC have issued court papers.

junior_oak

Hi guys, I have taken a defence template written by Johnersh from one of the own space residential parking case links off Newbies post and added comments that I would be grateful if I could get some response on to help me make it applicable to my case. The Italic Bold parts are my comments about parts of the defence that I am unsure about. 

I HAVE REMOVED THE DEFENCE THAT WAS HERE AND POSTED NEW DEFENCE IN DIFFERENT COMMENT BELOW

KeithP

Om 20 March at 12:21AM I wrote:

Guidance on creating a Defence is also in that thread [https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595] - in the first post on that thread.

You responded on 20 March at 8:12AM with:

I will use the info in that guidance post you have linked to prepare the defence...

But your draft Defence is from elsewhere.

Coupon-mad

Use the template defence instead.  And just add in the best bits about primacy of contract, into the section in red for your facts.  The entire point of the template defence is to get a Judge to strike the case out without a hearing.  Judges at Soton are the most likely to agree, especially given Appendix C that goes with the template defence.

junior_oak

Hi guys,
I did use defences from the newbies, but I have now used the Template that you created Coupon-mad, thanks so much for doing that for us all to use! I will just paste onto this comment my additions that I am putting in as points 16 and 17. I removed point 16 from the template as it did not apply to me.
So if you guys could feedback if my personal additions seem okay that would be great and on the way its numbered. I mentioned Pace vs MR N and LinkParking vs Ms P as Appendixes so I guess I need to have those printed along with the Appendixes A,B and C?

If it seems okay then I will get on and submit the whole defense to the CCBC. Then I guess I need to write up a WS to take to court. Or should I wait to see if it even goes that far first? Thank you in advance once again!

MY ADDITIONS TO TEMPLATE C AS FOLLOWS:

16. (i) 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 Defendant permitting the above mentioned vehicle to be parked by the current occupier and leaseholder of [address], whose tenancy agreement permits the parking of vehicle(s) in the Allocated Parking Area.

(ii) 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 private motor vehicle in the relevant Allocated Parking Area, without limitation as to 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, together with witness evidence that prior permission to park had been given.

 

17.    The Defendant avers that the operator’s signs cannot:

(i)            override the existing rights enjoyed by residents

(ii)          that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. The Defendant will rely upon the judgments of Pace vs Mr N (2016) and Link Parking vs Ms P (2016). (Appendix D and E)

17.1 Accordingly it is denied that:

(i)        there was any agreement as between the Defendant or driver of the vehicle and the Claimant

(ii)       there was any obligation (at all) to display a permit; and

(iii)         the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

END OF ADDITIONS

junior_oak

Hi guys,
See my last comment, with my personal additions to coupon_mads template. Does it seem okay what I have added? I would like to properly submit it to the CCBC, but would be more confident if someone gave it me the nod or said what I should change if needed? Appreciate there is a lot going on for people right now, but would be extremely grateful for the last bits of assitance.

Thanks,

Umkomaas

Sorry you've not had a response in almost a week. The problem is that as individual threads are updated or new ones come on line, they go to the top of the forum while the others slide down it. Within a day, an unanswered thread can slip 3 to 4 pages down the ladder, so after 6 days, yours must have been near to oblivion! 😄

Back to the real business, I don't purport to be an expert on the court defence side of things, but I've read your additions and they look well worded and appear to hit the right points. As long as you have them in there, you can build on them in your Witness Statement, a little further down the line - under normal circumstance, a couple of months hence, but under present conditions GOK!  😱 

1505grandad

Only the appendixes - the others are for the WS.

"I mentioned Pace vs MR N and LinkParking vs Ms P as Appendixes so I guess I need to have those printed along with the Appendixes A,B and C?"

Le_Kirk

Total agreement with @Umkomaas and @1505grandad