DCB legal Court Claim

Coupon-mad

The early wording of that one is good and all you need to do is amalgamate it with the forum’s template defence.  Top of the board.

cossimo88

Thanks for the responses. I've completed the defence form as per your suggestions amalgamating my previous template with the one at the top of the board.

cossimo88

Further to this, the lease contract for the property doesn't make much reference at all to parking spaces. It's a very copy paste lease agreement. Is that important? I know the landlord and can try to get something in writing, perhaps, that'll say yes that was the allocated spot.
 6 PCN's in 15 days. Aggressive. 

Redx

Yes it Is important , what it doesn't say is sometimes more important than what it does say , plus any WS from the landlord is good too , the more evidence the better

Coupon-mad

What do you mean you filled in ‘the defence form’?!  No one here fills in a form nor uses the MCOL defence box option either.

You already know all this from your earlier reply from @KeithP on this thread and from the clear instructions in the template defence thread.

cossimo88

Perhaps form wasn’t the best wording. It my defence as per template sent in PDF to the email provided on previous thread. Didn’t use the MCOL defence box

cossimo88

Received the claimants WS.
Nasty wording to be frank and mentioned that the use of a widely accessible template defence is a waste the courts time.
This, however, I do want to address 
‘ ii. The Terms and Conditions of parking on the Land make it clear that a valid permit needs to be displayed in the windscreen. This was the same regardless of whether the Driver was a resident. Parking management was put in place by the Freeholder for the benefit of all of the residents. The Defendant, if they were a resident, therefore benefited from the parking management service. They could not reasonably expect to accept the benefit of the service, but at the same time refuse to comply with the requirements of it.’

Points are that I had been a resident for 5 days and also the car park is gated so that was what prevented people parking in residents bay not these cowboys. Any advice on wording would be appreciated 

D_P_Dance

Read these, goolgle "primacy of contract", read other residential threads, and complain to your MP.

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

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

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

cossimo88

Thanks.
I’m submitting my WS tomorrow, is it generally not advisable to address their WS points directly until the hearing?

Coupon-mad

Far from it!  Tear them apart.  And include the stuff in the Government's new Code of Practice (all over this forum this week!) about the fact debt recovery fake 'costs' are now banned and the section about residents' lease rights not being 'qualified' by unnecessary obligations/permits/charges.