LBC from DCB Legal instructed by Met for residential multiple fines

parkingfinehelp1

Hi all,
I'm back, this time with a claim form for multiple tickets, breaching the terms on the sign. Reason 'unauthorised parking'. DCB Legal acting for Met.

 I will acknowledge the claim and will start on my defence which I have a couple of weeks to do.

Just wanted some advice whilst drafting please.

The residential defences from parking prankster doesn't apply to my case as nothing in my lease about parking, the landlord of the car park is different to the landlord of the building (although same off shore registered address), this changed ownership in 2005, all every messy. So will include information about this in my witness statement but I dont think I'll have much of a defence using this as My lease only refers to 'the building' and Gardens giving right of passage by foot. 

So I am defending on the grounds that I wasn't parking but offloading and unfair added charges.

I'm using the defence template for this and not sure if there's anything else I can add?

3. The Defendant is the leaseholder and at the time a resident of a 3rd floor flat at .......... where the alleged allegations took place between 2018/2019. The said PCN's were issued for 'unauthorised parking', the Defendant denies parking and only stopped briefly (causing no obstruction), in an empty, marked and unused parking bay to unload goods/ Young children to their demise.

Is that sufficient? I really can't think of anything else I can add for defence.



As this is a multiple ticket claim (33), i cant argue that i wasnt aware of the signs on site.
Is it a good idea to  remove the whole of section 21 from the template ' the CRA introduced new requirements for prominence of both terms and consumer notices. In parking context, this includes a test of fairness and clarity of signs and lines.... Signs must be prominent.........' 

Shall I delete the whole of the above section from my defence?


And also on 24. 'The Claimant has failed those tests, with small signs, hidden terms....'  
Shall I delete the 'small signs' but keep the rest?



Your advice is greatly appreciated 

 

KeithP

parkingfinehelp1 said:

Hi all,
I'm back, this time with a claim form for multiple tickets, breaching the terms on the sign. Reason 'unauthorised parking'. DCB Legal acting for Met.

Is this still about the issues described earlier in this thread, or is it something new?

Trainerman

Before you do that, have a good look at 'easement by prescription', as suggested by Coupon-Mad earlier in this thread. If there is provable use for parking of 20 years or more then a) you may have a defence there and b) you may well be able to get an easement registered BUT this can take time and will not be cheap.

I know, I have the T shirt on that one!  It is therefore very important to get appropriate specialist advice

Umkomaas

to unload goods/ Young children to their demise

Lucky it's just parking charges you're up against! 😄

Coupon-mad

The word 'demise' sounds very odd in that sentence.  Bumping them off?!

The residential defences from parking prankster doesn't apply to my case as nothing in my lease about parking.

Yes they do apply and most tenancies are silent about parking regimes.

Are you a leasehold flat owner or a tenant?

Fruitcake

What a lease/tenancy agreement etcetera doesn't say is just as important as what it does say.
Unilaterally changing your property rental agreement by introducing a parking regime is an unfair contract term, the Consumer Rights Act 2015 applies, and the appeal case of Thornton v She Lane is very relevant as well where the judge stated that new terms cannot be imported into a contract after it has already been agreed.
Loading and unloading is not parking as determined in the appeal case of Jopson v Homeguard.

Le_Kirk

Coupon-mad said:

The word 'demise' sounds very odd in that sentence.  Bumping them off?!

The residential defences from parking prankster doesn't apply to my case as nothing in my lease about parking.

Yes they do apply and most tenancies are silent about parking regimes.

Are you a leasehold flat owner or a tenant?

I think (I hope) they mean demised residence and not something more sinister!

parkingfinehelp1

KeithP said:

parkingfinehelp1 said:

Hi all,
I'm back, this time with a claim form for multiple tickets, breaching the terms on the sign. Reason 'unauthorised parking'. DCB Legal acting for Met.

Is this still about the issues described earlier in this thread, or is it something new?

Yes same ones! 

KeithP

What is the Issue Date on your County Court Claim Form?

parkingfinehelp1

Coupon-mad said:

The word 'demise' sounds very odd in that sentence.  Bumping them off?!

The residential defences from parking prankster doesn't apply to my case as nothing in my lease about parking.

Yes they do apply and most tenancies are silent about parking regimes.

Are you a leasehold flat owner or a tenant?

I'm a leaseholder. I've just read my lease again for the 10000000 time. There is this clause 'the lesser may at any time during this term in the interest of good management impose regulations of general applications regarding the building including gardens and grounds thereof as it may reasonably think fit, and shall have the power to waive, revoke , amend or add to the restrictions.'