CCJ Parking fine help

Coupon-mad

 I found the post from CEC16 regarding the Crosby case and would like to put that and the skipton case my defence where would I slot this in.

But it's already in the forum template defence...

2)     In regards to a new witness statement what would I put in that that’s not already part of the above (Apologies this new to me) I am guessing this is where i would put the tenancy agreement, and the point below about the sign being incorrect, 

You write a WS in your own words (the story of your defence and what happened) same as all the others on the forum, with exhibits.   Like the NEWBIES thread tells you and shows you.

3)     I stated to the judge I was driving can I still use the points below?

Not the bit about having more than one driver and para 8 or 9 of the POFA, of course not.

nosferatu1001

You cannot use anything about not being the driver if you have told the court you were the driver. Thats obviously a bad idea

The witness statement supprots the defence of the claim. The WS you wrote for the set aside supports the set aside. These are two wildly different things, so of course your new WS must be different.
Your new WS must tell the story of the claim, and support your defence to the claim by adducing exhibits, such as your lease, pictures of the signage etc, that back up what you say in the WS. Courts want proof, and while your word is evidence, having documents is always helpful. 

D_P_Dance

KeithP said:

D_P_Dance said:

At hearing 1 the judge wants to see that you have a reasonable defence to put to hearing 2

I kerp asking this, why?  Why cannot you just admit that you were in the wrong and pay the original,  (lower), charge.Surely the fact thast the PCN was not properly served has no bearing on its validity?

The court are not in the business of 'credit cleansing'.

Please define "credit cleansing", and how that relates to a CCJ sent to a wrong address.

harrypotter29

Thank you for your help- I have used your defence template in the Newbies thread and the below is the middle sections I have edited please could you review and answer the below if possible.

 

1)     What documents do I supplement to my defence is this just

* BRITANNIA V CROSBY APPROVED JUDGMENT

*Southampton Approved Judgment

 

2)Do I need to add in the fact about DVLA being at fault also that there was 18 months between my letter from the Claimant then another to state they had passed to BWLegal and that my DL had been changed twice in this time I had also been on the electrol roll and paid council tax at another address,

and the DVLA can only give out data regarding a V5 once therefore if I would have received a letter threatening legal action I would of responded

3)Also I am emailing this to court like before as well as the Claimant do I just use the standard generic email address on their website

 

1.      Alternative Claim Authority to Park and Primacy of Contract

 It is denied that the Defendant 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 does not state that you need to adhere to third party conditions in regards to parking. 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 agreement provide the right to park a vehicle in the relevant allocated bay, without limitation as to type of vehicle, 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.

17.1. The Defendant avers that the operator’s signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial.

17.2. Accordingly it is denied that:
17.3. there was any agreement as between the Defendant or driver of the vehicle and the Claimant
17.4. there was any obligation (at all) to display a permit; and
17.5. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

Alternative Claim Incorrect parking terms

18..At the time of the material events the signage was deficient Due to the claimant state that in Paragraph 5 of the witness statement that at the time of contravention the claimant was a member of the Independent Parking Committee however the sign shows they are a member of the BPA, therefore the pictures of the sign are over  2 years out of date due to moving to IPC in November 2015.

18.1.1Further more the Claimant has added a charge of £60 however as per the BPA code of conduct the added charge they state should be £70

 

Coupon-mad

Jeez NONONONO!

17.5. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.
18.1.1  Further more the Claimant has added a charge of £60 however as per the BPA code of conduct the added charge they state should be £70

KeithP

Did you mean to leave your full name visible in both those documents?

harrypotter29

Thank you @KeithP documents amended thank you

Coupon-mad

#18 heading makes no sense 'Alternative Claim'?! You are not the Claimant.  Alternative DEFENCE, yes...

And your heading above #16 is in the wrong place because point #16 doesn't talk about what the heading says...