Court Report - Brentford (Telephone) - UKPC Roasted

fisherjim

Sorry to hear that DP my mother in law had dementia it is very sad and tires you out.

Ribboninthesky

bargepole said:

Claim No. G5HW006Q – UK Parking Control v Mr V, before DDJ Pearce.

Claimant represented by Miss Knight (SCS Law).

This was a residential case, in which Mr V’s wife was the leaseholder of the flat, and the lease specified an allocated parking space for exclusive use by the lessee. They had paid £20,000 for the space when they bought the property in 2016.

There were 4 PCNs issued for failing to display a permit. The photos in the Claimant’s bundle clearly showed that the Defendant’s vehicle had been parked in the same numbered space as shown on the lease.

I had made primacy of contract the main argument in the Defence and WS, with the secondary points that the Defendant had not been driving, and the NTKs could not transfer liability under POFA because no period of parking had been specified, just the date; and also that the £60 add-on was unrecoverable (even though the figure was stated on the signage), because it was barred by s4(5) of POFA, and was an attempt to go behind the Beavis judgment.

The Claimant’s main argument, inexpertly put by Miss Knight, was that the contract between UKPC and the landowner, granted UKPC the right to manage parking. I argued that the D was not a party to that contract, and in any event it did not constitute a deed of variation to the lease. Therefore, the Claimant’s signage had no legal effect.

The DDJ completely agreed, and said he didn’t need to hear any further submissions, he was dismissing the claim for that reason alone.

I tried to argue for unreasonable behaviour costs, based on the fact that SCS Law had filed a Costs Schedule in the sum of £450, none of which they would have been entitled to even if the claim succeeded, and the document was clearly in terrorem, designed to intimidate the Defendant into abandoning his defence. The DDJ wouldn’t go with that, and said the proper course of action should be a complaint to the SRA.

 

Hi  Bargepole, 
So just to check did you help Mr V with their case, putting together the required 'defence' for him? and or did you act as a lay person on his behalf, I might have the wrong just here?

Ribboninthesky

sorry meant jist

bargepole

Ribboninthesky said:

Hi  Bargepole, 
So just to check did you help Mr V with their case, putting together the required 'defence' for him? and or did you act as a lay person on his behalf, I might have the wrong just here?

i helped him prepare all his documents, and acted as his lay rep at the hearing.

Jenni_D

Ribboninthesky said:

sorry meant gist

Fixed that for you.

Ribboninthesky

bargepole said:

Ribboninthesky said:

Hi  Bargepole, 
So just to check did you help Mr V with their case, putting together the required 'defence' for him? and or did you act as a lay person on his behalf, I might have the wrong just here?

i helped him prepare all his documents, and acted as his lay rep at the hearing.

OK, that's good to know would you be able to assist us (daughter) when it goes to court? thank you

D_P_Dance

Read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Jenni_D

Unusual for you to bump a near-5-month-old thread ... was it previously bumped by a spam post that has been removed?

D_P_Dance

Probably a senior moment.