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

mattp87

Yes, I posted a version of it I found and the feedback said it wasn't up to date and it was an appeal and not a defence?
Have I got the wrong post? 
Forgive me for being a bit thick here, but which posted is that? Is it not in one of the links which I put above?

mattp87

Or do you mean this one?
Page6of9**Include thistemplate point below as your #17**ONLY IF TRUEFOR YOUR CASE-IF NOT,YOU MUST CHANGE IT TO SUITYOUR FACTS. If it is all correct then change the red to blackand remove this comment!17.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 isnot established thus far, whether there was a single parking event, or whether the vehicle wascaught by predatory ticketing and/or by using unsynchronised timings and camera evidence tosuggest a contravention. A compliant Notice to Keeper (‘NTK’) was not properly served instrict accordance with section 8 or 9 (asthe case may be) of the POFA.**Add this denial, ONLY if you wereNOTdriving (do not lie or leave it in by mistake!):Whilst it is admitted that the Defendant was the keeper, they were not the driver of the vehicleat the time. Further, the mandatory requirements to establish 'keeper liability' have not beenmet and the Defendant is not liable in law.If you have a good case otherwise and are sure that you are NOT able to (or wanting to) relyupon 'non-compliance with the POFA' (= especially relevant in 'non-POFA NTK' cases fromSmart Parking, VCS, Excel, Civil Enforcement, CP Plus, Horizon, Highview, smaller PPCsand 'years old' cases from the likes of Britannia and OPS) andwant to admit to being thedriver (or if you already have ) change it to admit that the Defendant was the driver.**Continue with more facts here for point #18–talk about the carpark and facts but notusing ‘’I’’ or ‘’me’’**and remove this comment!18.e.g. you might talk about having a permit or 'permission' to park; or an attempt being madeto pay but the app or machine didn't work; or the driver/passenger being disabled andneeding more time under the Equality Act 2010; or in residential cases, your primacy ofcontract and your lease; or maybe the ATA grace periods were breached; or the fact it wasdark/rainy and no signs were seen; or that it was far from clear how driver couldexempttheir vehicle using a hidden keypad they knew nothing about/was not working).Careful not to 'blab' about being the driver if you are intending to rely upon the POFA!

mattp87

Sorry for the triple post, that's from the PDF exert 
https://www.dropbox.com/s/hq0eacg3igzuud4/Private%20parking%20charge%20-%20abuse%20of%20process%20defence.docx?dl=0 

Le_Kirk

This is the one you want: -
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

DoaM

Fruitcake said:

Please will you clarify whether or not you own the parking space, or whether one is allocated to you but not owned by you? Either way, is the space shown on your ownership/lease documents and/or numbered?

If you own the space, it should be shown on the Land Registry entry which I know from experience will show something as small as a single parking space. A copy of the Land Registry entry only costs a few quid for a specific address. If you need to show the individual space, you may need to print a map, draw round the space, and submit that to the Land Registry. It costs a few quid more because it requires a manual search by the Land Registry personnel as opposed to an electronic search.

People don't type things just for the hell of it ... please answer the questions asked above. This information may be critical to how you frame your defence and witness statement.

mattp87

DoaM said:

Fruitcake said:

Please will you clarify whether or not you own the parking space, or whether one is allocated to you but not owned by you? Either way, is the space shown on your ownership/lease documents and/or numbered?

If you own the space, it should be shown on the Land Registry entry which I know from experience will show something as small as a single parking space. A copy of the Land Registry entry only costs a few quid for a specific address. If you need to show the individual space, you may need to print a map, draw round the space, and submit that to the Land Registry. It costs a few quid more because it requires a manual search by the Land Registry personnel as opposed to an electronic search.

People don't type things just for the hell of it ... please answer the questions asked above. This information may be critical to how you frame your defence and witness statement.

Thank you. Yes, they are shown on my title deeds, but it didn't seem to be on the new one I paid for. I could easily draw on the document to evidence it. I actually have one allocated, but it isn't numbered and my old secure post was ripped up as it caused to many issues with people moaning to the management company. At the time, I was renting, since then I've bought the place. The lease still remains the same, I have outright access to park at the area. Happy to upload the document?

Each flat has one spot, allocated to each flat. Each flat has 1 visitor pass (provided as standard). The passes are supposed to stop you getting tickets, in reality, each flat has 2 bedrooms, which means each flat has 2 car spaces. By definition of entitlement, you are entitled to a minimum of one space and access to the grounds around each flat. 

mattp87

Hi all
my proposed para 17 and 18 - not yet sent. But it will be once experienced thoughts tell me if I've made a pigs ear of it!

17.      The Defendant is not the only driver of this vehicle but I am also a leaseholder and owner of number 8 Waterside, of which I am entitled by right of being a leaseholder and granted access to park on the private grounds. The title deeds of the property stipulate access to park a fully licensed and tax vehicle on the premises. The claimant had nothing to offer the defendant and no contract could ever be formed and the alleged lack of permit – displayed purely as a courtesy does not mean any contract was breached and the claimants own photos were taken in such a way as to obscure this.  The Defendant denies any wrongdoing in the matter.

18. The defendants documents relating to ownership override any ‘contract’ made by a third party firm to require a  parking pass inside a vehicle. This includes a lease and title deeds.  

mattp87

17. correction** (The Defendant is not the only driver of this vehicle but is a leaseholder and owner of number 8 Waterside

Le_Kirk

I would keep the comments about the leaseholder's rights in the same paragraph, say # 18 and have # 17 for the "not the driver" issue, however there are more words around that already written in @Coupon-mad 's template.

mattp87

Le_Kirk said:

I would keep the comments about the leaseholder's rights in the same paragraph, say # 18 and have # 17 for the "not the driver" issue, however there are more words around that already written in @Coupon-mad 's template.

Thank you - please could you point me towards the comments from @Coupon-mad's comments? I've boxed off number 18, regarding number 17, I am the registered keeper and in theory was "the driver" - albeit it abroad at the time!