County Court Business Centre &UK Car Park Management Limited

Coupon-mad

But crack on with the defence.  Residential ones are all over the forum  (easy to search and find) and you could copy and adapt one, and/or just read the template defence thread and the NEWBIES thread 2nd post which shows you examples of residential defence points to slot into the template defence.

silvial

Thank you so much.

silvial

Hi everyone. 
I have started my Defence. Any suggestion what could be added?

2.  It is admitted that the Defendant was hirer of the company vehicle in question when the Parking Charge Notice was issued but liability is denied. 

3. The Defendant stopped in the residential area outside the entrance of the backdoor where the Defendant lives, making sure that the vehicle is not blocking or being disruptive to other vehicles or pedestrians. The defendant only stopped for couple of minutes to unload a heavy wardrobe to the flat that the Defendant lives. The alleged breach between the Defendant and UK Car Park Management Limited with regards to ‘No Parking Outside Of A Marked Bay’, the Defendant did not parked but only stopped for couple of minutes to unload goods as previously mentioned.

Coupon-mad

Cite Jopson v Homeguard.  See other threads with that.

silvial

And I also just found out that probably I only stopped for 7 mins, according to the first 2 PCN that I’ve received.

I don’t know if I could mentioned the grace period etc but I’m not sure because CPM never send me SAR?

Coupon-mad

Have a look at the UKPC thread near yours.  I just wrote something about predatory ticketing at residential sites.

Are those 2 letters about the same incident?  The info looks odd in that one gives an incident date but the other doesn't.

silvial

Coupon-mad said:

Are those 2 letters about the same incident?  The info looks odd in that one gives an incident date but the other doesn't.

Yes, those are the same incident. 

silvial

The letter below came without date.

silvial

2.  It is admitted that the Defendant was hirer of the company vehicle in question when the Parking Charge Notice was issued but liability is denied. 

3. The Defendant stopped in the residential area outside the entrance of the backdoor where the Defendant lives, making sure that the vehicle is not blocking or being disruptive to other vehicles or pedestrians. The defendant only stopped for couple of minutes to unload a heavy wardrobe to the flat that the Defendant lives. The alleged breach between the Defendant and UK Car Park Management Limited with regards to ‘No Parking Outside Of  A Marked Bay’, the Defendant did not parked but only stopped for couple of minutes to unload goods as previously mentioned.

4. The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard [2016] B9GF0A9E (Services) case where the judge said stopping/delivering is not parking.

I have added the the paragraph 4. What else could be added? Anything about my right as tenant? I have been living hear for years and last tenancy agreement I have singed was ages ago, in 2012 and it does not mention about the carpark. However, I've  one parking space attached to the flat I live but obviously is far away from the entrace and that's  why I've stopped next to the back door entrance to unlaoad the wardrobe.

Coupon-mad

You could add to 4 that the Defendant is a tenant and the case is on all fours with the appeal judgment, which it is averred is persuasive in a parking case of such similar facts.   The Defendant will produce their tenancy agreement which requires no permit and creates no contracts or obligations relating to parking, albeit the tenant does have vehicular rights of way and exclusive use of an allocated bay.  It is their position that, as a resident of over a decade's standing, the Defendant has primacy of contract and a reasonable expectation of being able to unload furniture as they always have done, without being penalised as if they were a trespasser.

"judgments" (no, it's one judgment).