Allotment/ UKCPM Parking Defence

ehannahr

Hi, I have adapted the excellent defence 2020 template  - thank you @Coupon-mad  - and have drafted my version of section 3 below. 
It's rather long, is that okay? Any editing suggestions gratefully received. Best EHR

3. UKCPM’s claim is baseless because we, the allotment holders, had a prior arrangement with Network Homes, the developers of the site, that 2 parking places would be allocated for our use only, and UKPCM failed to uphold this.

We were originally allocated the parking spaces in 2009 as part of the section 106 obligations that developers have towards local communities as they were building on an area which had previously provided direct access and free parking for the allotment holders.  

But once building work was completed in 2012 we then spent 4 years trying to get our fobs for the gate off Network Homes. We wrote numerous emails getting nowhere, we got local councillors involved, but still nothing happened. We were asked for and submitted our names and car registration plates.

UKCPM - at the time called CPM - and Network Homes decided they would issue us with a single fob to enter the parking gate and 2 permits to display on our dashboards. Since there are 20+ allotment holders with cars who all live in different places, swapping the fobs and permits was a complex and basically unworkable system. We were not happy but we seemed to have no choice. We awaited the  ‘service level agreement’ but it was not forthcoming and for 4 years we could not access our parking spaces.

Finally in 2016 Sharon Campbell of Network Homes agreed that her colleagues were dragging their feet and that she would issue us with a fob and permits in advance of that contract being agreed.  We were finally able to access our parking spots, though it was a very tricky system and very few of us could use them. I only did so on a handful of occasions.

In 2019, the newly named/merged UKPCM, changed the rules without consulting us. They took down the bollards & signage, which designated that the two parking spaces were just for allotment holders. They did not issue us with a new permit despite numerous requests. They claimed to have 'lost our address' but they could have contacted us via our noticeboard which is 50 metres from the parking space in question. Eventually my colleague got a dispensation code from Network Homes, but when I dutifully displayed it on a piece of paper on my dashboard it blew off as I closed the door. However I should never have had to do this in the first place. I was parked in the allotment allocated space and they had record of my registration plate.

In summary, between them, UKPCM and Network Homes created an unworkable system for us and failed in their responsibilities as parking administrators.  Despite us bending over backwards to comply with their system, UKPCM then failed to provide us with permits. So I should not have to pay any invoice/fee or fine for parking there.

Half_way

Does an easement exist between the allotment holders and the landowner?

also you said that an agreement exists under the section 106 , what exactly does this say?
 the main complaint here should be against the management company.
 See other cases on here under "own space"

Fruitcake

Your para 3 reads more like a witness statement than a defence.

It needs to be shorter and more succinct, briefly explaining and setting the scene for the judge. Complaints must be made to the landowner as well as your MP. Something like this.


The defendant has a pre-existing right to park (quote the agreement name/number/who it is with if you have it). According to this agreement the defendant has an unfettered right to park, and is not required to display a permit.
The claimant knew or should have known this, and holds a register of all vehicles permitted to park at this site.

The defendant parked their pre-authorised car in one of the authorised parking spaces on X date, but received a PCN in breach of their pre-existing right to park.


Please also contribute to the government consultation on parking fees.

Private parking charges, discount rates, debt collection fees and appeals charter: further technical consultation - GOV.UK (www.gov.uk)

KeithP

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

ehannahr

Thanks all, 
@Half_way   I am looking into what documents there are, I don' think an easement exists but will chase.

@Fruitcake Thanks for the draft - this is super helpful!

@KiethP  16th July. I understand I have until 18th August to submit my defence?

KeithP

ehannahr said:

@KiethP  16th July. I understand I have until 18th August to submit my defence?

Yes you do have until 4pm on on Wednesday 18th August to file a Defence, but only if you filed an Acknowledgment of Service sometime between 22nd July and 4th August.
Did you file an AoS between those dates? Your MCOL Claim History will have the definitive answer to that.

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.

ehannahr

Thanks KeithP, yes I did file the AoS online and I used coupon_mad's template in that 2nd post.

ehannahr

Hi again, I have adjusted my paragraph 3 as per below -  I am asking the council for copies of agreements but not getting very far yet, so I have not cited any specific documents:

Does this seem right? Any suggestions for improvements?  Many thanks in advance, EHR

3. The defendant has a pre-existing right to park in one of two spaces allocated to allotment holders. The claimant knew or should have known this.

The car parking area contains two parking spaces demised to allotment holders, and a general area for residents. Entry to the parking is by means of a key fob, of a type only issued to residents or allotment holders. Any vehicles parked therein are, therefore, de facto authorised to be there.

The defendant parked their car in one of the authorised parking spaces on 06 07 19 but received a PCN in breach of their pre-existing right to park.

The claimant points to the requirement to display a permit but failed to provide the defendant with the necessary permit to display.

Le_Kirk

All paragraphs require a number.

ehannahr

Thanks @Le_Kirk. So should I also renumber the subsequent paragraphs in the defense template - or should I condense my section 3 into one paragraph?

KeithP

Sequentially number all your paragraphs and renumber all subsequent paragraphs as necessary.