Estate Parking - Defense clarification

yuriko

I have tickets for parking in my estate and have responded via MCOL to say that I will be submitting a defense, after reading the newbies thread and the other defense threads am I right in thinking that I will be using the "not agreeing to the contract" play as I dont think I have anything other than the verbal agreement that residents can stop the cars for 10-15 mins to unload etc - I have multiple tickets so just want to confirm that I can use the template provided or if I need to add some more info as I dont think there is much else.

On a side note, the signs are mostly attached to lamposts so does claiming that its not visible still work here?

KeithP

Hello and welcome.

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

yuriko

Issue date was the 17th May, I submitted my MCOL after the 5 days (probably around day 7/8) and now need to submit the defence

KeithP

yuriko said:

Issue date was the 17th May, I submitted my MCOL after the 5 days (probably around day 7/8) and now need to submit the defence

With a Claim Issue Date of 17th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 21st June 2021 to file your Defence.

That's about a week and a half 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.

Half_way

A few key points that are worth searching for : 
Homeguard vs jopson
own space
residential
primacy of contract
derogation of grant

forget about what signage may say, what rights does the lease grant to park/access the property(s)?
I assume you have told the management agents to tell the parking company to FRO?

D_P_Dance

Please read these,

https://www.parkingcowboys.co.uk/residential-parking/#:~:text=The idea behind primacy of,lease is the key document.

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

What does your lease/AST say about parking/  Does it refer to the display of permits?  Does your lease/AST give primacy of contract?  Have you comoplained to your MP?

yuriko

Thanks for the reading list, I have understood alot. I checked my tenancy pack and the parking section is very vague, no mention of communal areas or stopping to unload, here is what it says - im not sure primacy of contract works for me?

"You are only allowed to park a vehicle in designated parking spaces. If the estate or area is covered by a controlled parking scheme you are only allowed to park in the designated parking space or which you have a valid licence or permit. All licenses and permits must be clearly displayed on the vehicle"

"You must not park or allow other members of your household or visitors to park on any estate road, communal area or access way"

D_P_Dance

If the area is under a controlled parking scheme has that scheme be lawfully constituted?  Read this

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

yuriko

I wouldnt know? I've only been here for about 10 months

D_P_Dance

If you have a landlord ask him or her.  If you are a leaseholder ask the managing agent.  If they take this to court a judge will need to know,>  

yuriko

Im a council tenant, I can ask but I'm not convinced with what they can offer me (trust me they are so bad) - am I asking for a particular document?

Are there any other options that I can use to fight this, eg not agreeing to the contract or that its an estate where I live and dropping off kids and shopping should be considered - though as mentioned my tenancy doesnt mention that

I will write up my defence tonight and ill post it here once ready for some feedback