Claim Form - Defence for My Residential Parking

limmylom

Some background: The Parking company is OPC (OBServices), operating on behalf of a housing association of which I have owned a leasehold property for 12 years and therefore have entitlement to park in residential carpark. 

I received 2 parking tickets, one on 19/7/18 and again on another on 18/9/18 for failure to display a valid parking ticket.  Although I have a valid permit, unfortunately I had been keeping it loose and on both of these occasions, the permit had slipped out of sight from my dashboard (possibly still on the dash but hidden or maybe slipped to the floor).

Both tickets were window tickets. I only actually saw one window ticket, so was not aware I actually had two until I received letters in the post in November 2018 from OPC regarding both tickets. It showed evidence of both tickets on my windscreen on their respective dates and on both occasions my permit was not visible. Both tickets were £100 each ( with an offer of £50 each if paid within 14 days of issue - a deadline I obviously missed considering the tickets were issued in July and September).

I responded via email  November 2018, stating that I would not pay as I have a right to park in the car park as an owner of property there. I did not hear anything back for over a year.

In January 2020 I received two letters from DCBL debt collectors corresponding to the two separate parking tickets. I have heard nothing from OPC themselves. I ignored these letters and did not hear back for another year.

In January this year, I received a Letter before Claim from DCBL which I also ignored.  This has now been followed by a County Court Claim Form dated 22nd March 2021. Amount claimed is now £386.30 + £35 court fee + £50 legal representative costs for a total of £471.30.

So I completed the AOS today so I can prepare a defence and looked at the defence template on this site with a view to amending paragraphs 2 and 3 but I don't know how to proceed. Do I even have a defence? 

 My carpark does have a sign on the entrance wall (attached).  I noticed in the terms  "any vehicle parked on site, not displaying a valid ticket in front windscreen for inspection will receive a PPT", this text is significantly smaller than the rest of the sign text.  Could this small text form part of my defence? Or the fact that I have had entitlement to park in this carpark for 12 years? Or maybe there is something else I could use.

Any help is appreciated, thank you.

KeithP

Hello and welcome.

Where exactly is this car park?

limmylom said:

This has now been followed by a County Court Claim Form dated 22nd March 2021.

So I completed the AOS today...

With a Claim Issue Date of 22nd March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th April 2021 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 a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Le_Kirk

You can use the standard defence template in the NEWBIE sticky - did you see and read that before posting - plus read some threads from other posters about "own space" cases, you can even search the forum using those words.  Also in the NEWBIE sticky (second post) you will find links to "own space" defences that you can add to your paragraphs 2 & 3 in the template.  Edit the standard defence template and show us ONLY the paragraphs 2 & 3 that you edited plus any that you have added.  We don't need to check the work of @Coupon-mad, the lady that wrote it.

Fruitcake

What des your leasehold say about parking, parking permits, PCNs, paying PCNs, and court claims from unregulated parking scammers?
Who brought in the scammers, and were they there before you moved in? If it was a management agent or company, that is to whom you should be complaining about this scam, and demanding that they cancel the charges and get your vehicle's VRM put on an exemption whitelist.

Why do you need a permit, and who says you do. Whatever rights you already have to park cannot be taken away or altered to your detriment by a third party scammer.

You should also complain to your MP about this scam. Residents and homeowners should not be penalised for parking where they already have a right to do so.

limmylom

HiKeithP said:

Hello and welcome.

Where exactly is this car park?

limmylom said:

This has now been followed by a County Court Claim Form dated 22nd March 2021.

So I completed the AOS today...

With a Claim Issue Date of 22nd March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th April 2021 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 a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Hello, thanks for welcome and your response.  I just tried to post a link to google streetview but I don't have permission to post  links yet.
The residential car park is a square with one entrance/exit which is surrounded by blocks of flats. It's called Scubbitts Square carpark in Radlett, Herts.

KeithP

Scubbitts Square, Radlett, Herts

limmylom

Le_Kirk said:

You can use the standard defence template in the NEWBIE sticky - did you see and read that before posting - plus read some threads from other posters about "own space" cases, you can even search the forum using those words.  Also in the NEWBIE sticky (second post) you will find links to "own space" defences that you can add to your paragraphs 2 & 3 in the template.  Edit the standard defence template and show us ONLY the paragraphs 2 & 3 that you edited plus any that you have added.  We don't need to check the work of @Coupon-mad, the lady that wrote it.

I did read the sticky so I was aware to amend paragraphs 2 & 3 but I just don't know what my defence is to be able to edit paragraph 3 to be honest. I don't have my leasehold agreement at the moment but technically, it's true that on both the occasions, my permit was not on display.  Do you think the picture I posted is any use to my defence as the terms are much smaller than rest of the sign?

limmylom

Fruitcake said:

What des your leasehold say about parking, parking permits, PCNs, paying PCNs, and court claims from unregulated parking scammers?
Who brought in the scammers, and were they there before you moved in? If it was a management agent or company, that is to whom you should be complaining about this scam, and demanding that they cancel the charges and get your vehicle's VRM put on an exemption whitelist.

Why do you need a permit, and who says you do. Whatever rights you already have to park cannot be taken away or altered to your detriment by a third party scammer.

You should also complain to your MP about this scam. Residents and homeowners should not be penalised for parking where they already have a right to do so.

I am yet to check the leasehold.  I have requested another copy since I can't find mine.
The parking company would have been brought in by my Housing Association. We have been using this company for a long time, probably even before I moved it 12 years ago but I can't be sure.  I have complained to the Housing Association (Hightown Housing Association) but they have refused to help, claiming there is nothing they could do and it's in the hands of OPC.

Le_Kirk

limmylom said:

Le_Kirk said:

You can use the standard defence template in the NEWBIE sticky - did you see and read that before posting - plus read some threads from other posters about "own space" cases, you can even search the forum using those words.  Also in the NEWBIE sticky (second post) you will find links to "own space" defences that you can add to your paragraphs 2 & 3 in the template.  Edit the standard defence template and show us ONLY the paragraphs 2 & 3 that you edited plus any that you have added.  We don't need to check the work of @Coupon-mad, the lady that wrote it.

I did read the sticky so I was aware to amend paragraphs 2 & 3 but I just don't know what my defence is to be able to edit paragraph 3 to be honest. I don't have my leasehold agreement at the moment but technically, it's true that on both the occasions, my permit was not on display.  Do you think the picture I posted is any use to my defence as the terms are much smaller than rest of the sign?

Have a read of some "own space" defences.  It is important to have a copy of your lease.  If you have rights to park in the lease, no one can take them away from you.  It is also important to know when the PPC was introduced to the area.  Have a look at the landlord and tenant act and then ask the management company when they carried out the consultation with the residents/leaseholder/freeholders and what was the result of the ballot.  If your lease does not specifically state that you must display a permit, then you do not have to.  Leases cannot be overridden by a sign.  You don't submit pictures in a defence, that comes later at witness statement stage.

limmylom

Le_Kirk said:

limmylom said:

Le_Kirk said:

You can use the standard defence template in the NEWBIE sticky - did you see and read that before posting - plus read some threads from other posters about "own space" cases, you can even search the forum using those words.  Also in the NEWBIE sticky (second post) you will find links to "own space" defences that you can add to your paragraphs 2 & 3 in the template.  Edit the standard defence template and show us ONLY the paragraphs 2 & 3 that you edited plus any that you have added.  We don't need to check the work of @Coupon-mad, the lady that wrote it.

I did read the sticky so I was aware to amend paragraphs 2 & 3 but I just don't know what my defence is to be able to edit paragraph 3 to be honest. I don't have my leasehold agreement at the moment but technically, it's true that on both the occasions, my permit was not on display.  Do you think the picture I posted is any use to my defence as the terms are much smaller than rest of the sign?

Have a read of some "own space" defences.  It is important to have a copy of your lease.  If you have rights to park in the lease, no one can take them away from you.  It is also important to know when the PPC was introduced to the area.  Have a look at the landlord and tenant act and then ask the management company when they carried out the consultation with the residents/leaseholder/freeholders and what was the result of the ballot.  If your lease does not specifically state that you must display a permit, then you do not have to.  Leases cannot be overridden by a sign.  You don't submit pictures in a defence, that comes later at witness statement stage.

Ok thanks! And if my lease does state my permit must be on display, does that mean I have no defence?

Fruitcake

limmylom said:

Le_Kirk said:

limmylom said:

Le_Kirk said:

You can use the standard defence template in the NEWBIE sticky - did you see and read that before posting - plus read some threads from other posters about "own space" cases, you can even search the forum using those words.  Also in the NEWBIE sticky (second post) you will find links to "own space" defences that you can add to your paragraphs 2 & 3 in the template.  Edit the standard defence template and show us ONLY the paragraphs 2 & 3 that you edited plus any that you have added.  We don't need to check the work of @Coupon-mad, the lady that wrote it.

I did read the sticky so I was aware to amend paragraphs 2 & 3 but I just don't know what my defence is to be able to edit paragraph 3 to be honest. I don't have my leasehold agreement at the moment but technically, it's true that on both the occasions, my permit was not on display.  Do you think the picture I posted is any use to my defence as the terms are much smaller than rest of the sign?

Have a read of some "own space" defences.  It is important to have a copy of your lease.  If you have rights to park in the lease, no one can take them away from you.  It is also important to know when the PPC was introduced to the area.  Have a look at the landlord and tenant act and then ask the management company when they carried out the consultation with the residents/leaseholder/freeholders and what was the result of the ballot.  If your lease does not specifically state that you must display a permit, then you do not have to.  Leases cannot be overridden by a sign.  You don't submit pictures in a defence, that comes later at witness statement stage.

Ok thanks! And if my lease does state my permit must be on display, does that mean I have no defence?

It will depend on what the lease says with regards to unregulated parking scammers, whether it should be a HA permit or PPC scampermit, and what the consequences of not displaying a permit are.
I doubt your lease will say you have to pay an unregulated third party scammer.
If the HA brought the scammers in, then they are lying when they say there is nothing they can do about the scamvoice.