Claim Form received for parking in private allocated bay (One Parking Solution)

Jenni_D

BHCC is Brighton and Hove County Council and OPS infest several car parks in that area (so I've read). I believe C-m is local to that area (hence her avatar ) and is particularly interested in OPS cases.

Perry86

Hi all, 

It's been a while since my last post. Admittedly it took me a while to get around all of the steps outlined in the newbie posts plus the information provided here, although extremely helpful nonetheless. 

First of all, I did email the letting agents for a copy of the Landlords lease but they said they were unable to provide due to GDPR. They did, however, provide a written letter confirming that I am indeed a tenant of the leaseholder who owns the allocated bay and provided a copy of the AST. 

I also asked them to speak with the parking enforcement company to see if they could get the ticket cancelled and the claim rescinded, but it seems like they were brushed off with 'we can only speak with the vehicle owner about these matters'. That in turn tells me even if I did contact them they would say it's too late.

I think at this stage I am left with no choice but to submit a defence. So I proceeded with the AoS, copied the defence template to a word doc, and put together the following paragraphs. Just to be clear, I am not the most eloquent or literate writer, particularly when it comes to legal jargon so I hope open it isn't too difficult to read. If you do have any suggestions I'll be most grateful for assistance. 

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The facts as known to the Defendant:

2.  It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

3.  The Defendant’s vehicle was parked within a designated bay ‘8’  allocated to them included within the terms of the Assured Tenancy Agreement (AST). The designated bay in question is owned by the Leaseholder of the property ‘**********ADDRESS***’  that is rented by the Defendant since 1st April 2020, twenty-three days prior to receiving the ticket. The AST signed and agreed by the Leaseholder (or acting agent) and Defendant outlines the obligations that all parties to the AST are subjected to. It is clear, from the AST, that there is no requirement for the Defendant to display any form of permit or identifier for the purpose of parking enforcement. To quote the AST, section ‘Tenants Obligations’: 2.52 ‘Not to repair cars, motorcycles, vans or other commercial vehicles at the premises apart from general maintenance, from time to time, to a vehicle of which the tenant is the registered keeper’ - no other parking bay requirements are included. In addition to this, there are further considerations -  the area in which the vehicle was parked is only accessible via a gated and fobbed entrance/exit. All parking bays located within this area are allocated to Leaseholders or their tenants, therefore, unlikely for a vehicle to be located within this area without permission. The defendant became a resident of the development during an unprecedented global event, the covid-19 outbreak. London and other parts of the country went into complete Lockdown and  it was Defendant’s priority was to move in and adhere to the lockdown rules in place. The Defendant was also on Furlough which meant little need to use the vehicle for a substantial period of time. The Claimant’s act of ticketing the vehicle in a gated, inaccessible location during such precedent times, knowing the difficulties which the Defendant may have faced in discovering the ticket within the allotted time frame and appealing it, is nothing short of predatory and tasteless given the circumstances. The Defendant asks the court to exercise fair judgement and dismiss this claim.

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I wasn't certain if I should mention the fact I received 3 additional tickets that were later cancelled on the basis that I did not have a valid parking permit, and until one was received I was placed on a exemption list. if I include this would it infer that I accepted the parking conditions imposed?
 

Jenni_D

AST is Assured Shorthold Tenancy  

Your point 3 seems a bit more like a What Happened - that comes at WS stage. A defence need to state your legal arguments. But wait for other feedback.

Fruitcake

Para 2 is fine as it is.

I agree with Jenni_D. I think everything from 
"To quote the AST, section ‘Tenants Obligations’: ..." onwards in para 3 should be saved for the witness statement stage.

I think the beginning of para 3 needs a bit of tidying up. Use terms like, "The defendant's car was parked in their own demised parking bay at the time of the alleged event, as defined in the terms of their Assured Tenancy Agreement (AST).

Then briefly explain that your AST mentions no requirement to display a permit, and is silent about unregulated private parking companies, parking charge notices, paying these charges, or court claims.

Your AST has primacy of contract over anything a parking company that is a stranger to your property rental agreement says, and it cannot vary or override your existing rights. To do so would be a derogation of grant.

Perry86

Hello All, 

A year a bit later and to my surprise, I have received the N149A 'Notice of proposed allocation of small claims track'  So I am back with a few questions.. 

I know I should decline mediation and I should agree to the small claims track. But how do I go about  why I want to be heard, instead of determination without hearing?

Thanks

Le_Kirk

There is a post by regular @Grizebeck that talks about cases being "heard on papers", click on his user name, go to his profile and check out the discussions; should lead you to this thread: -
https://forums.moneysavingexpert.com/discussion/comment/79267087/#Comment_79267087