District Enforcement Limited Residential Parking Fine County Court

Coupon-mad

You haven't been granted rights as such, but your defence should state that the Defendant's tenancy agreement is silent about any parking charges or obligation about any kind of permit, and the HA Handbook grants parking on a first come first served basis: "Car-parking spaces in shared areas on estates are for the benefit of all residents".  There is no mention of signage imposing additional bolt-on terms and charges, thus the tenancy agreement provides for primacy of contract.

What you have already drafted is already good, by the way.

upsetbanana

Thanks everyone! 

Coupon-mad said:

You haven't been granted rights as such, but your defence should state that the Defendant's tenancy agreement is silent about any parking charges or obligation about any kind of permit, and the HA Handbook grants parking on a first come first served basis: "Car-parking spaces in shared areas on estates are for the benefit of all residents".  There is no mention of signage imposing additional bolt-on terms and charges, thus the tenancy agreement provides for primacy of contract.

What you have already drafted is already good, by the way.

I'll edit my first few paragraphs to outright claim primacy of contract then and then get it sent out later today.   

I'm hoping they discontinue the claim, really cba with the hassle, especially around this time of year and well...just in general after the hell of a year that this has been! 

D_P_Dance

IANAL, but IMO, if a lease/AST does not mention a permit, then no permit  is required.  

nosferatu1001

There won't be a hearing for about 5 months. 

upsetbanana

Hi all, I hope I'm okay in reviving this topic! I've received a second court claim from them for another parking ticket received a few days after the first. Nothing materially changes from my first defence apart from the fact that they had responded and rejected my request for a parking at this point (the HA was being weird as we rent from the landlord so don't have a contract with the HA) but it was resolved a few days later when my new V5 arrived. Am I able to submit the same defence? I knew a second one was likely incoming, but I figured they would have waited to see how the first one turns out before coming in with the second claim.

Thanks!

Redx

Yes , but this time add a note requesting that the two claims are consolidated , because the claimant should have brought one claim for all outstanding PCN,s

Keep asking for consolidation at every stage until it is granted , especially when your local nominated court is involved

Read other threads where this topic has come up

Your SAR to the DPO at DE should have revealed all outstanding PCN s

upsetbanana

Redx said:

Yes , but this time add a note requesting that the two claims are consolidated , because the claimant should have brought one claim for all outstanding PCN,s

Keep asking for consolidation at every stage until it is granted , especially when your local nominated court is involved

Read other threads where this topic has come up

Your SAR to the DPO at DE should have revealed all outstanding PCN s

Hi Redx, 

Thanks! Should I write the note into the defence, or include it in the email submission to the court? 

With the SAR, yeah, they gave me both.  

Le_Kirk

You don't put it in the defence but you add a covering note when you submit it but surely you are sending it to the CCBC if it is a defence?

Coupon-mad

TBH you add it everywhere and the wording to use is already on the forum if you search for the words:

 consolidate cause of action estoppel true

or maybe try

Henderson estoppel

KeithP

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