Claim by Gladstone Solicitors - UK CPM - Defence written (advice appreciated)

Le_Kirk

It is not a penalty charge!  You don't need "first and foremost" as, a) it is point 3 and b) the importance of each point will be decided by its position in your list.  You haven't really said what the carpark situation is.  Residential, supermarket, piece of waste land, nor why you can/have parked there for so long.  Do you have permission from the landowner, do you own the space as part of you rental/tenancy/leasehold/freehold agreement?

mrsdriver1

Le_Kirk said:

It is not a penalty charge!  You don't need "first and foremost" as, a) it is point 3 and b) the importance of each point will be decided by its position in your list.  You haven't really said what the carpark situation is.  Residential, supermarket, piece of waste land, nor why you can/have parked there for so long.  Do you have permission from the landowner, do you own the space as part of you rental/tenancy/leasehold/freehold agreement?

@Le_Kirk The situation is UK CPM have taken control over a residential area car park and apparently I had parked into a residential space (two car bay which is in front of the residential flats). In between the flats itself there is a bigger car park and some other bays right in front of the building itself, however the space I parked in has been the exact spot I have parked for 19 years. There is a sign on the building but as I wrote in the defence it is roughly 2 meters away so I had no idea it was enforcing parking rules where I parked. Simply, I never knew that that spot was controlled by a private car parking firm even before they arrived we parked their with no issues at all.

Le_Kirk

Do you live there?  What agreement do you have reference the parking area?  Do you have a contract/lease/rent agreement?  What does your agreement (if any) say about the parking?  If you are a resident, is there a management company?  Did they carry out a consultation with all the residents/tenants/leaseholder BEFORE they introduced UK CPM?

mrsdriver1

Le_Kirk said:

Do you live there?  What agreement do you have reference the parking area?  Do you have a contract/lease/rent agreement?  What does your agreement (if any) say about the parking?  If you are a resident, is there a management company?  Did they carry out a consultation with all the residents/tenants/leaseholder BEFORE they introduced UK CPM?

@Le_Kirk I do not live there it is basically a back road/area to the main street where my shop is located. The street is around a few minutes walk to my shop and since the council put permit bays everywhere on the main road I have parked there for a very long time. So I do not have any agreements, nor, am I a resident of those flats. I also had zero issues with any tenants/leaseholders or landlords whilst parking there for 19 years. My situation is that UK CPM has been introduced there and after that I have received a ticket for parking there. Besides that there is not much to include in regards to the location and its relation with me besides that I have parked there for a long time. So in my defence I can only state about my history of parking there, the fact that there are 4 bays further than the main residential car park (the big car park) where 2 bays have a sign 2 meters away not clearly stating it enforces anything there and another 2 bays which have zero signs at all which is the entrance to that road where I received the ticket. I can include an image to show you what it looks like if you wish maybe that would help understanding my point on the no signage or markings for the bays.

mrsdriver1

@Le_Kirk In my defence would it make any impact of stating that there was no period given by UK CPM (grace period if you would like to call it) to notify other road users which are non-residents of the area stating that private enforcement will take place soon? I have parked there for 19 years which is 6935 days and out of that I have been absent for 931 days due to off days from work and 1 day per year of my business closure for new years. Not once have I seen someone else receive a ticket or any signage stating private enforcement will take place. An example is where the council notifies local residents or business before enforcing an area with permit car parks by sending letters and/or putting signs up on the road.

mrsdriver1

@Coupon-mad @KeithP @Le_Kirk I have updated my defence would appreciate any advice or help.

Kind Regards

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 address where the parking charge was given to the vehicle has been used by the Defendant for nineteen years for parking purposes. The location itself is a residential place with a big car park and multiple two slot car bays inside and outside of the residential flats. Prior to UK CPM being introduced to the area as a car park enforcer the defendant has had no issues parking there for nineteen years. In addition to this, no enforcement by tenants/leaseholders/landlords or other car park companies has been put in place prior to UK CPM.

Where the parking charge incident occurred a road leading to the residential area has two, two slot car bays at the entrance of the road where the defendant uses for parking purposes. Only after receiving a parking charge was the defendant able to notice a sign that vaguely states that there is a private parking enforcement in place for the residential flats but there are no clear indications as to whether that sign enforces the bay where the defendant’s vehicle was parked at the time or if it is a sign to notify road users that they are entering a private car park. Nor are there markings or signage on or within the bay indicating that the bay belongs to and is being enforced by UK CPM.

In addition to this claim, it is important to note that the defendant's vehicle on that specific date was unable to move from the location as it was giving electrical faults on vehicle start up and required to be towed away. A claim against the parking charge was sent only to be rejected at the time with no valid explanation as to why the appeal was rejected.

Coupon-mad

however the space I parked in has been the exact spot I have parked for 19 years. 

Would it be true to say ;some 20 years' of unfettered parked?  20 years is important. 

Or did the people who owned that shop (or other shops nearby) before you, or other shop owners, use this parking place for more than 20 years?  As an adjacent shop owner you could then argue that the shop owners from that street have been parking there in the bays behind their shops for over 20 years which gives them a reasonable expectation of an easement by prescription (Google it, this is a legal 'right').

mrsdriver1

@Coupon-mad Between my shop and the street I park on has a train track in between so I would say it's roughly 300 meters walk from the spot I park to my shop. I'm not sure if that would be accepted under easement by prescription but your first statement sounds correct. I will change my defence according to that. Besides that is the defence written in a suitable matter?

Kind Regards

Trainerman

mrsdriver1 said:

@Coupon-mad Between my shop and the street I park on has a train track in between so I would say it's roughly 300 meters walk from the spot I park to my shop. I'm not sure if that would be accepted under easement by prescription but your first statement sounds correct. I will change my defence according to that. Besides that is the defence written in a suitable matter?

Kind Regards

As it happens, easement by prescription is a subject that I am deeply into at the moment. I would not easily reject Coupon-mad's suggestion as there could be a good solution here. If you can get proof ( say, written statements) that shop owners have been using this land for parking for 20 years or more then you may well have a case. Also, the burdened land does NOT have to touch your land for an easement to be possible. If you want proof of that, let me know and I will dig it out for you

Le_Kirk

Each paragraph in a defence requires a number.  You need to introduce your point about there being no advance warning signs.  You could "put the claimant to strict proof that they have authority from the landowner to carry out a business (parking management) at this location and to show the exact physical boundary of their purported authority."  Your last point might be better being started with "In the alternative, it should be noted that.............."  Have you received only one PCN?  Have you stopped parking there now?  When it comes to witness statement (WS) stage you will need photos of signage and the car parking area so you can give the judge full details.  Get that info now and save it for the WS stage.