BW Legal Claim / Parking in my space

D_P_Dance

As regards the additional recovery costs, it seems a weak argument to me especially given at least one judge has gone against 

I suspect thast hundreds, perhaps thousands have done so.  Havu you complained to your MP?

1. My main interest is putting an end to the current parking management for my apartment block,

Have you considered raising this at the nexy AGM?

1505grandad

What ever defence you use make sure that statements do not contradict each other i.e.:-

Para 4  -  " It is not known who the driver was at the time the car was parked."

Para 8  -  "8. The Defendant, at all material times, parked in accordance with the terms granted by the lease."

KeithP

Remember, before Christmas I wrote on your thread...

...you have until 4pm on Monday 10th January 2022 to file your Defence.

jon_1827

D_P_Dance said:

1. My main interest is putting an end to the current parking management for my apartment block,

Have you considered raising this at the nexy AGM?

We don't actually have agm's, not sure why. I am chasing this with the management agents but as usual they are just ignoring me. We also have bigger issues as our block is one of the many caught up with the cladding issues.

jon_1827

KeithP said:

Remember, before Christmas I wrote on your thread...

...you have until 4pm on Monday 10th January 2022 to file your Defence.

Thanks for the reminder. When I calculated it I made the deadline tomorrow? I assume I did something wrong? Or does it roll forward to the next working day when it lands at the weekend?

jon_1827

1505grandad said:

What ever defence you use make sure that statements do not contradict each other i.e.:-

Para 4  -  " It is not known who the driver was at the time the car was parked."

Para 8  -  "8. The Defendant, at all material times, parked in accordance with the terms granted by the lease."

Thanks I'd missed that, will go through and check for any similar errors. I will have a look at the other template and see if I can merge, plus I'll add the other bits at the end.

KeithP

jon_1827 said:

KeithP said:

Remember, before Christmas I wrote on your thread...

...you have until 4pm on Monday 10th January 2022 to file your Defence.

Thanks for the reminder. When I calculated it I made the deadline tomorrow? I assume I did something wrong? Or does it roll forward to the next working day when it lands at the weekend?

Yes.  

This is confirmed in the Money Claim Online (MCOL) - User Guide, which explains that a Defence is never due on a non-working day.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

Coupon-mad

The argument against the false added costs is FAR from weak and almost all District Judges continue to disallow it.

I could go on (again) about the PAP not being designed to allow claimants to 'run up costs' and I could point out that I posted about that recently and about what the Select Committee had to say in December, about disproportionate costs. They have more clout than a Circuit Judge who was sadly persuaded the wrong way (and DJs are ignoring it!).

Anyway I posted about all these developments and you would do well to read and get why you must deny the added fake costs.

Add a word here:

nor the actual dates the alleged breaches occurred.

I think your no 6 is the important thing and should be no 3.  And don't say you don't know who parked the car if you do.

Le_Kirk

jon_1827 said:

Rather than use the main template, I based this on a couple of other defences on the forum that were specific to my case - ie tickets for parking in your own parking space. My problem with the bulk of the main template is I don't understand it and if it ends up in court I'm going to struggle arguing the case - this happened before with a credit card debt and it was a hindrance rather than a help. I don't want to go through that again.

My main interest is putting an end to the current parking management for my apartment block, so I want the main focus to be on them not having a legal/contractual right to issue parking charges. This is the point I need to win the case on and it's the one I'm more confident in winning with. I have other supporting evidence that means they don't really have a case - the lessor saying there are no variations and the management company saying all parking restrictions are documented in the lease (both in writing). 

As regards the additional recovery costs, it seems a weak argument to me especially given at least one judge has gone against it - I suspect more will especially as solicitors/claimants will use it. 

Would the judge expect you to understand everything in your defence if (and I am NOT suggesting you do this) you had paid a solicitor to write and submit your defence?  You are a litigant in person not a lawyerly type!  There is nothing wrong with combining the important parts of a residential defence (and there are a good few of them, as you have discovered) with the standard defence template because it does raise the issue of the spurious, fictional debt management added costs and, should you lose the case, you at least stand a chance of getting those knocked off.  By the time you have written your defence using the template and combining it with the residential parts you have found, you will understand it more and, if you post on here what bits you need help with there are the regulars willing to help.
Winning this case will certainly help with the battle to remove the parking "management" company but you need a two-pronged approach (as well as winning your case) - get your fellow residents to join forces with you; start with asking the Management Company or Managing Agent for your block WHEN, not IF the consultation on changes to the lease took place and what was the date and outcome of the vote.
Refer to this: -
https://www.legislation.gov.uk/ukpga/1987/31/contents

jon_1827

Coupon-mad said:

The argument against the false added costs is FAR from weak and almost all District Judges continue to disallow it.

I could go on (again) about the PAP not being designed to allow claimants to 'run up costs' and I could point out that I posted about that recently and about what the Select Committee had to say in December, about disproportionate costs. They have more clout than a Circuit Judge who was sadly persuaded the wrong way (and DJs are ignoring it!).

Anyway I posted about all these developments and you would do well to read and get why you must deny the added fake costs.

Add a word here:

nor the actual dates the alleged breaches occurred.

I think your no 6 is the important thing and should be no 3.  And don't say you don't know who parked the car if you do.

Thanks, I'm going to go back and add the added costs argument and make the other changes.

I genuinely don't know who drove the car when it was parked up. It's my 2nd car, a convertible I make limited use of in the summer. It was moved to the space 6 months previously and wasn't moved again until after the tickets were issued, it would have been me or my brother that drove it there but I don't know which.