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

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,853 Forumite
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    In response to the claims made by DE (Parking company) 
    Just call them the Claimant throughout.
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  • mattp87
    mattp87 Posts: 45 Forumite
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    Hi all. This was what I’ve thought of putting in the defence box today. 

    From start to finish 
    In response to the claims made by the claimant - as a leaseholder with a granted right to park in any space (I own a specific space but it was verbally agreed many years ago that specific spaces wouldn’t be feasible) the claimant had nothing to offer myself, 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 (I have picture evidence and can evidence that I was abroad and arrived very shortly before responding) - an original dispute was ignored by the claimant which clearly listed the defendant as a property owner and parking space owner. The pass was paid for (£16.50) when I originally moved into the flat back in 2009 and bought in 2015. I am immensely disappointed that my original response to the claimant was ignored and the behaviour of the claimant has since meant they no longer manage the contract to the private car par for Waterside 1. I have since taken numerous photos of inconsiderate parking and a number of visitors who never displayed a pass and were parking overnight or during the day with no punishment and yet, an leaseholder and resident is being threatened with a county court judgment, which can have a disastrous effect on credit and career under the new SM/CR management scheme as a director of a company. 

    What does everybody think? Have I stated enough or used correct terms?

    thanks guys. For all of the help so far. Whilst I don’t want to quote people, I may use very similar wording if it improves what I’ve put above. 
  • Le_Kirk
    Le_Kirk Posts: 24,702 Forumite
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    I haven't even read that but do not put anything in the defence box.
  • Le_Kirk
    Le_Kirk Posts: 24,702 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 19 July 2020 at 1:12PM
    KeithP said:
     the second post in the NEWBIES thread.
    Having filed an AoS, you have until 4pm on Wednesday 5th August 2020 to file your Defence.
    That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create and file a Defence, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
    Following on from my post NOT to put anything n the defence box, see the reasons why in the second post of the NEWBIE sticky, this was posted for you to read and lean.  Suggest you read it again, following the link given by @KeithP
    If you follow the links and read the standard defence template, it tells you to do this: -
    1. Print your Defence.
    2. Sign it and date it.
    3. Scan the signed document back in and save it as a pdf.
    4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk 
  • Fruitcake
    Fruitcake Posts: 59,465 Forumite
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    edited 19 July 2020 at 4:07PM
    mattp87 said:
    Hi all. This was what I’ve thought of putting in the defence box today. 

    From start to finish 
    In response to the claims made by the claimant - as a leaseholder with a granted right to park in any space (I own a specific space but it was verbally agreed many years ago that specific spaces wouldn’t be feasible) the claimant had nothing to offer myself, 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 (I have picture evidence and can evidence that I was abroad and arrived very shortly before responding) - an original dispute was ignored by the claimant which clearly listed the defendant as a property owner and parking space owner. The pass was paid for (£16.50) when I originally moved into the flat back in 2009 and bought in 2015. I am immensely disappointed that my original response to the claimant was ignored and the behaviour of the claimant has since meant they no longer manage the contract to the private car par for Waterside 1. I have since taken numerous photos of inconsiderate parking and a number of visitors who never displayed a pass and were parking overnight or during the day with no punishment and yet, an leaseholder and resident is being threatened with a county court judgment, which can have a disastrous effect on credit and career under the new SM/CR management scheme as a director of a company. 

    What does everybody think? Have I stated enough or used correct terms?

    thanks guys. For all of the help so far. Whilst I don’t want to quote people, I may use very similar wording if it improves what I’ve put above. 

    You were told specifically NOT to put anything in the defence box, and the reason why.

    You do the AoS, and only the AoS first. You do the defence later as per the guide to court you will have read in the NEWBIES, using the template defence from the sticky threads.
    I married my cousin. I had to...
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  • Coupon-mad
    Coupon-mad Posts: 152,853 Forumite
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    Woah, stop!!!!!!  What are you doing?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • mattp87
    mattp87 Posts: 45 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    I haven't filled in any boxes. I merely drafted that as a response? I haven't submitted it/anything other than I intend to defend the claim.
  • KeithP
    KeithP Posts: 41,296 Forumite
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    mattp87 said:
    I haven't filled in any boxes. I merely drafted that as a response? 
    And merely stated...
    mattp87 said:
    Hi all. This was what I’ve thought of putting in the defence box today.  
    Are you really surprised you got the reaction you did?
  • mattp87
    mattp87 Posts: 45 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    KeithP said:
    mattp87 said:
    I haven't filled in any boxes. I merely drafted that as a response? 
    And merely stated...
    mattp87 said:
    Hi all. This was what I’ve thought of putting in the defence box today.  
    Are you really surprised you got the reaction you did?
    I didn't take any offence to it - I got asked a question and I answered it. I'm coming onto the forum for help, not looking for any kind of points scoring with anybody. I'm already very happy with the response and help that's been provided. 
    As mentioned above, I will re-read the previous postings from other members and make sure my understanding is correct. 
  • Coupon-mad
    Coupon-mad Posts: 152,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What you have proposed is insufficient and has no simlarity to our template defence you were advised to adapt.  And you won't be putting anything in any MCOL box again.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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