County Court Business Centre &UK Car Park Management Limited

silvial

Coupon-mad said:

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).

Thank you very much. I'll added it. 

silvial

Just one more thing, I'll print, signed, scanned and send by email the Defence tomorrow morning. Is it really important to copy CPM to the email?
The reason that I'm asking is that the last time when I did sent my previous Defence from CEL, I have received a letter saying that: 'I acknowledge receipt of your defence. A copy is being served on the claiment (or the claimant's solicitor). The claiment may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed.' etc.

KeithP

silvial said:

Just one more thing, I'll print, signed, scanned and send by email the Defence tomorrow morning. Is it really important to copy CPM to the email?

We have recently seen instances where the CCBC has failed to send a copy of the Defence to the Claimant in a timely manner - leading to an incorrect Judgment by Default for the Claimant.
By sending a copy of your Defence directly to the Claimant, you are hoping to avoid that unjust Default Judgment and the hassle of undoing it.

Redx

In 3 it says parked , it should be park , no ed

silvial

Thank you to all of you. 

I’ll update you with the later stages.

Le_Kirk

silvial said:

2.  It is admitted that the Defendant was hirer and driver 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 was not blocking or being disruptive to other vehicles or pedestrians. The defendant only stopped for couple of minutes to unload a heavy wardrobe at the door to the flat that where the Defendant lives. Regarding the 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.

Some suggested edits for you.  As you admit to driving (in paragraph 3) and your defence is "not parked but loading/unloading" your defence and witness statement will be better from a driver's point of view.

silvial

Le_Kirk said:

Some suggested edits for you.  As you admit to driving (in paragraph 3) and your defence is "not parked but loading/unloading" your defence and witness statement will be better from a driver's point of view.

Already submitted in the early morning so missed your comments. Anyway, thank you very much for your suggestion.

silvial

Hello everyone. 

I’ve just need to ask you something. CPM has finally emailed me SAR. I did completely forgotten about it but I did appeal to them. And stupidly I did not say that I was delivering heavy goods  to myself but instead to a customer as I’m a courier. What should I do about it? Or just leave it for now?
I only received a letter from CCBC saying that they emailed my defence to the claimant and I will be informed with the future steps. 

Le_Kirk

Your defence seems to suggest you were delivering to yourself: -

3. The Defendant stopped in the residential area outside the entrance of the backdoor where the Defendant lives, making sure that the vehicle was not blocking or being disruptive to other vehicles or pedestrians. The defendant only stopped for couple of minutes to unload a heavy wardrobe at the door to the flat that where the Defendant lives.

Notwithstanding the changes I suggested that were too late for you to use, that seems to suggest it was a) heavy and b) for you.

Coupon-mad

Sort it out at WS stage.