Received a N1SDT Form from County Court Business Centre - for parking at my own home on private land

mattp87

Fruitcake said:

mattp87 said:

nosferatu1001 said:

There will likely be something around reasonable regulations, but of course this has nothing to do with taking away your right to park as given at 5, which is unfettered apart from it being taxed and licensed. 
Confirm that you have gone online, following the instructions in the newbies thread, to Acknowledge service. You must do this now. No delaying. 
There is a template defence, but you must add to it that you are a leasholder with the right to park and no requirement to display a permit. 

I will do this today - I have the form in front of me. 
Thank you to all who helped - I will follow the dropbox link provided!
I'll let you know the outcome.

When you do the AoS, do not put anything in the defence box, not a single character. 

For what reason? Thank you for the reply as well!

mattp87

nosferatu1001 said:

I would also consider a counterclaim for tortious interfernce with lease (right to peaceable enjoyment), trespass to goods (they had to enter your demised space to check for a permit), breach of data protection (they never had rights to offer parking on your space, meaning they never had reasonable cause to access the DVLA record) etc. 

I would do whatever I can to cause them some anguish - like they have caused me!

KeithP

For what reason?

Because whatever you put in that box will be taken as your full Defence.

My earlier post tells you how to create and file a good Defence.

D_P_Dance

Have yo read this?

http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot

What does your lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and an independent appeals service will be set up,


Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

mattp87

nosferatu1001 said:

Remember to do it online - never use post for this. Online only. 
Nope, you ve got a defence to write, so you will be showing us your draft defence, based on the template but adding in the crucial argument that as a leaseholder with a granted right to park in that space, the claimant had nothing to offer the defendant, and so no contract could ever be formed, and the alleged lack of a permit - displayed purely as a courtesy - does not mean the alleged contract was breached. 

Fruitcake said:

mattp87 said:

nosferatu1001 said:

There will likely be something around reasonable regulations, but of course this has nothing to do with taking away your right to park as given at 5, which is unfettered apart from it being taxed and licensed. 
Confirm that you have gone online, following the instructions in the newbies thread, to Acknowledge service. You must do this now. No delaying. 
There is a template defence, but you must add to it that you are a leasholder with the right to park and no requirement to display a permit. 

I will do this today - I have the form in front of me. 
Thank you to all who helped - I will follow the dropbox link provided!
I'll let you know the outcome.

When you do the AoS, do not put anything in the defence box, not a single character. 

Thank you guys, I've now done this part!

mattp87

If I show a draft defence on here, please could you critique it?

Umkomaas

mattp87 said:

If I show a draft defence on here, please could you critique it?

Are you using the template defence provided by Coupon-mad?  Just show the paragraphs you have amended/added to. 

nosferatu1001

I did say to show us your draft
But as pointed out
Dont show us the basic bits and pieces. Just the para 17 and 18 that youve amended. 

mattp87

Looking through the in-depth defence document - it's a private car park outside of the block of flats that is way off any particular road/town centre. No cameras are used, it's man/woman who walks and checks all of the cars and walks around ALL (or should) of the vehicle to check for passes. The picture taken of my car "without a pass" (which is a lie) was taken numerous feet away from the car and you have to zoom in to see a glimmer of the pass (blue, obvious on a black dashboard). 
Does the response cover this fact? I can add it in between paragraphs 16-18 right?

Template points: -
The Defendant is not the only driver of this vehicle and the Particulars of Claim offer little toshed light on the alleged breach, which relates to an unremarkable date some time ago. It is not established thus far, whether there was a single parking event, or whether the vehicle was caught by predatory ticketing and/or by using unsynchronised timings and camera evidence to suggest a contravention. A compliant Notice to Keeper (‘NTK’) was not properly served in strict accordance with section 8 or 9 (as the case may be) of the POFA

In response to the claims made by DE (Parking company) - as a leaseholder with a granted right to park in that space, the claimant had nothing to offer the defendant, and so no contract could ever be formed, and the alleged lack of a permit - displayed purely as a courtesy - does not mean the alleged contract was breached. As per the points listed within my lease, which grants access to at least 1 parking space with an insured and taxed motor vehicle. The agreement per each flat is 1 parking space and 1 visitor parking spaces. It's a courtesy to have parking passes stored within the vehicles to make this process easier. Not only was the pass missed - an original dispute was ignored by the claimant which clearly listed the defendant as a property owner and parking space owner. 

Thoughts?
Any critique welcome.
Thank you all for your help

nosferatu1001

You lead with - no contract could exist, because you already have the right to park there meaning the C has no consideration and thus nothing to offer you. with no consideration and no offer, there is no contract
Secondly a permit was displayed as a courtesy, and the claimants own photos were taken in such a way as to obscure this. 
Youre making a legal argument, so make it legal.