BW Legal Claim / Parking in my space

jon_1827

I've confirmed with the court I can email the witness statement and have the correct email address.

This is my witness statement so far. At present it just has my specifics, I believe I still need to add a section on Beavis, other cases law that is relevant, costs statement, plus the exhibits, closing statement and tidying it up.

Any feedback, links to witness statements I should copy standard text from etc would be greatly appreciated.

In the County Court at ####

Claim number ####

Premier Park Limited (Claimant)

Vs

Mr #### (Defendant

WITNESS STATEMENT OF DEFENDANT

FOR HEARING ON ### ### 2022

1.     I am Mr #### of #### and am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

2.     In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to references and pages where appropriate. My defence is repeated, and I will say as follows. 

Sequence of events

3.     Since ####/2017 I have held the legal title under the terms of a lease to ####, this lease includes the legal title to parking space L## to which this claim refers. A copy of the lease is included as Exhibit-X1.

4.     With regards to usage of the parking space the lease states the lessee has “The Right to use the Demised Parking Space(s) for the purpose of parking a motor vehicle not exceeding two and a half tonnes gross weight and motor cycles so far as it does not breach any covenants concerning the use of the Demised Premises” (Exhibit-X1 P17) 

5.     Furthermore the lease states that lessee is “Not to park or allow to be parked any motor vehicle wheeled or other form of transport on any other part of the Estate unless specifically authorised by the Lease and not to carry out repairs to such private motor vehicle or such motor cycle (except in an emergency) or to permit such vehicle to spill or leak fuel oil or other substance onto any part of the Estate” (Exhibit-X1 P29).

6.     There are no other restrictions within the lease as to the usage of the parking space and in particular no mention of any parking restrictions, parking management schemes nor the need to display a permit to use the parking space.

7.     When purchasing the property, I was supplied with a standard contract pack which included a letter from the representatives of the landlord/building owner. A copy of this letter is included as Exhibit-X2.

8.     The letter states “We have no information regarding any regulations being made since the date of the lease” and “We are not aware of any variations of the lease, however we advise you rely on your own Land Registry search” (Exhibit-X02 P4).

9.     There are no other references within the contract pack to any restrictions being in place around the usage of parking spaces, other than the sections referred to above in the lease (which was provided as part of the contract pack).

10.  On the ####/2018 an email was sent by the Managing Agents of the property to all owners and residents of the building regarding use of the parking on site. A copy is included as Exhibit-X04.

11.  This email states that “It is imperative that residents use their allocated space so that no inconveniences are caused to others. The parking stipulations are clearly highlighted within the Lease, it is the responsibility of property owners to ensure that tenants are aware of these stipulations” (Exhibit-X04 P1). There is no reference in this email to any parking restrictions over what is included in the lease and there is no reference to the need to display a parking permit.

12.  The lease makes references to Estate Regulations (Exhibit-X01 Pxx and Pxx)

13.  The letter from the landlords representatives in the contract pack states no additional regulations were in place, a copy of the Estate Regulations was not provided as part of the contract pack nor when I took possession of the property and repeated requests for a copy of the Estate Regulations over the last few months from the Managing Agents has not resulted in a copy being provided. The lease also states (Exhibit-X01 Px), that it is the responsibility of the Managing Agents to provide copies of the estate regulations, which they have not done at any point. As such I am of the belief that no such Estate Regulations exist.

14.  Given the points above at the time of taking possession of the apartment and parking spaces on the ####/2017 I was of the opinion that there were no parking restrictions in place, other than those detailed above, that applied to leaseholders when using their own parking spaces.

15.  The vehicle in question, registration ####, was parked in space L##sometime soon after the ####/2017. I do not know exactly when it was parked, nor who drove the vehicle due to the amount of time that has passed. This vehicle is my second car, a convertible used primarily during the summer months. I believe that after being parked the car was not moved again until sometime after the parking tickets to which this claim refers were issued.

16.  I acknowledge that the claimant has signage at the entrance to and within the car park. Examples of this signage are attached as Exhibit-xx, these images were supplied to me by the claimant when the tickets were originally issued.

17.  The most prominent words and the only ones visible when driving past this signage are “WARNING” and “PRIVATE LAND”. As I am the legal title holder of the private land to which the sign refers, I am of the opinion that these signs were not relevant to me and instead were for visitors to the building. The sign also goes on to state that “If you enter or park on the land contravening the above terms and conditions….”. This reads that if I do not agree to the claimant’s terms and conditions, I am not able to enter the building. This appears nonsensical to me as a leaseholder within the building and supports my position that the signs were not relevant to me.

18.  Whilst I do not believe there is any need nor obligation for me to display a parking permit, nonetheless a valid parking permit was on display when the parking charge notices were issued. I am unclear as to the reason why they were issued.

19.  On the ####/2022, the claimant issued an additional parking ticket for my other vehicle, ####, which was also parked in space L##. This ticket was subsequently rescinded as the claimant accepted a valid permit was on display. This was exactly the same circumstances as the tickets to which this claim refers. A parking permit was on display, issued on the 1st January of the previous year, yet whilst the ticket in 2022 was cancelled the tickets from 2018 were not.

20.  The lease states that the service charge I pay covers costs incurred in “Generally managing and administering the Maintained Property and protecting the amenities of the Maintained Property and for that purpose if necessary employing a firm of managing agents (Provided Always that the payment of such managing agents shall be met exclusively from the fees more particularly detailed in paragraph 12 hereto) or consultants or similar and the payment of all costs and expenses incurred by the Manager” (Exhibit-X1 P24 paragraph 7) continuing “in the running and management of the Estate and the collection of the rents (if any) and service charges and in the enforcement of the covenants and conditions and regulations contained in the leases and transfers of the Dwellings and any Estate Regulations”.

21.  This seems very clear that the service charge I pay also covers the costs the Managing Agents incur in the enforcing “covenants and conditions and regulations” of the lease. The claimant has been engaged by the Managing Agents to perform these services and the issuing of parking notices is the method in which they are paid. As such, being a leaseholder and paying the service charge, these costs are covered by the service charge. By issuing me with parking charge notices I am being asked to pay for the same service twice.

22.  Whilst the claimant is claiming for two separate parking charge notices under the conditions on the signage only a single breach would have occurred as the vehicle was not moved between the first and second parking charge notices being issued.

Mouse007

That looks very good to me so far, await the experts' opinions. I particularly like 17, I'll use that for my son's WS in due course.

Are you going to add that there is no obligation to display a permit and refer to the parking cases here?

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

Trainerman

Small point, I would reword point 14 so as to remove "opinion" and make it a firmer statement that there were no restriction of your quiet enjoyment of your land.

Similarly point 17 not opinion but something like "obviously these signs did not apply to me "

jon_1827

Mouse007 said:

That looks very good to me so far, await the experts' opinions. I particularly like 17, I'll use that for my son's WS in due course.

Are you going to add that there is no obligation to display a permit and refer to the parking cases here?

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

Yes. I'll be going through these later and adding references to any that are relevant.

i wanted to focus on my story and get that across - that the only way restrictions could be implemented on leaseholders is through the Estate Regulations or similar and the managing agents simply haven't done that. They seem to be of the impression they can use it as a catch all and make stuff up. If the Estate Regulations were a written document with parking regulations listed they might have a case, but they're not so they don't. 

jon_1827

Trainerman said:

Small point, I would reword point 14 so as to remove "opinion" and make it a firmer statement that there were no restriction of your quiet enjoyment of your land.

Similarly point 17 not opinion but something like "obviously these signs did not apply to me "

Yes good point, need to remove any doubt from it and ensure its a statement.

Coupon-mad

You do need to cover other issues such as the false added costs, as seen in WS recently by usernames such as:

@aphex007

@Daiapolon2021

And also add Excel v Wilkinson and the POFA schedule 4 which says the maximum sum that can potentially be recovered from a registered keeper is the sum on the parking charge as it stood on the date of parking the vehicle.  The sum can't be enhanced, not even if the false add-on is disingenuously described as if it is a debt recovery fee. No such fee was ever incurred and it is the Government's published intention to ban the add-on, which the DLUHC Minister described as 'extorting money from motorists'.

Add as an Exhibit the Landlord & Tenant Act (search the forum for the wording to add about that, to your WS).

And add the case law that supports residential cases. Such as Jopson v HomeGuard and Link v Parkinson and Pace v Noor.

I'd also add this explanation:

18.  Whilst I do not believe there is any need nor obligation for me to display a parking permit, nonetheless a valid parking permit was on display when the parking charge notices were issued. I am unclear as to the reason why they were issued and the drivers in the household only ever displayed these as a courtesy, not as part of any agreed contractual obligation.

jon_1827

Thanks for the help and advice everyone, got it completed and filed.

jon_1827

Got a letter from BW Legal today, they're discontinuing the claim. I won.

Coupon-mad

CONGRATULATIONS! Another one bites the dust!

Now you've won this battle, please don't disappear just yet. A final Public Consultation is coming.

We need you; motorists need you to help us make a difference forever.  What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 for no reason, by an ex-clamper aggressive firm, isn't it? 

Join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture. 

There will be one window of opportunity later this year.  My best guess is in October.

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read the latest posts there.

The PPC money-grabbers have blocked the new Code by filing for Judicial Reviews.  Stopped the declared and much welcomed parking code from February 2022, which stated that added £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's on hold. Motorists urgently need it reinstated and the ban on false 'DRA fees' confirmed, to stop the rot.

This year will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

We need high numbers of real victims to make a point of responding to this final Consultation.

Jenni_D

Is this another one for @Umkomaas' thread? (If not already listed)