RESIDENTIAL PARKIN FINE - LEASE IN PARTNERS NAME

jaykodi

Hi
Quite new Here but been following this thread for years. thanks @Coupon-mad and everyone who has been contributing.

I filled my AOS two days ago and I am now in the process of writing and submitting my defence. 

I got a parking ticket for a residential parking at our previous residence but my wife's name is on the lease - since the property wasn't in my name at the time I am wondering how to word my defence to show the court that by virtue of being married to the leaseholder I also have the exclusive right to the parking space as indicated in the lease. I am looking to use bargpole's defence template

I would appreciate any help with this.

many thanks

KeithP

jaykodi said:

I filled my AOS two days ago...

That gives us a hint that you may have received a County Court Claim Form.

What is the Issue Date on that Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Who is the Claimant?

Fruitcake

It is not a fine.

What precisely does/did the lease say about parking, permits, parking charges, PPC, paying PPCs, and court claims?
What the lease doesn't say is just as important.

The lease has primacy of contract over anything an unregulated parking company says, no matter what graffiti they put on their signs.

At this stage I would just state that you had a right to park at the property according to the lease. You could state that you have/had the landholder's permission according to their lease.
It will normally say something about a right to quiet enjoyment, and may state something about the right to park a motor vehicle. Sometimes the space is demised to the property, sometimes it it refers to a first come, first parked system.

What happened when you complained to the landowner and managing agent?

You should also complain to your MP about this as well. A reputable parking company would have checked a leaseholder's rights before infesting the site or issuing a charge. 

fisherjim

Maybe your wife was the driver?

jaykodi

KeithP said:

jaykodi said:

I filled my AOS two days ago...

That gives us a hint that you may have received a County Court Claim Form.

What is the Issue Date on that Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Who is the Claimant?

Thanks @keithp @KeithP the  issue date on the claim form is 6/12/2021 and I filed my Acknowledgment of service on 20/12/2021. The claimant is UK parking control

jaykodi

Fruitcake said:

It is not a fine.

What precisely does/did the lease say about parking, permits, parking charges, PPC, paying PPCs, and court claims?
What the lease doesn't say is just as important.

The lease has primacy of contract over anything an unregulated parking company says, no matter what graffiti they put on their signs.

At this stage I would just state that you had a right to park at the property according to the lease. You could state that you have/had the landholder's permission according to their lease.
It will normally say something about a right to quiet enjoyment, and may state something about the right to park a motor vehicle. Sometimes the space is demised to the property, sometimes it it refers to a first come, first parked system.

What happened when you complained to the landowner and managing agent?

You should also complain to your MP about this as well. A reputable parking company would have checked a leaseholder's rights before infesting the site or issuing a charge. 

Thanks @Fruitcake the  lease says "the right to the exclusive use the car parking space for the purpose of parking one private motor vehicle  not exceeding three tonnes gross laden weight" 

I could not complain to the landowner as the parking ticket was from 5 years ago.

KeithP

jaykodi said:

KeithP said:

jaykodi said:

I filled my AOS two days ago...

That gives us a hint that you may have received a County Court Claim Form.

What is the Issue Date on that Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Who is the Claimant?

Thanks @KeithP the issue date on the claim form is 6/12/2021 and I filed my Acknowledgment of service on 20/12/2021.

With a Claim Issue Date of 6th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th January 2022 to file your Defence.

That's over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

jaykodi

fisherjim said:

Maybe your wife was the driver?

@fisherjim We think she may have been the driver but the claim form is addressed to me as the registered keeper

Fruitcake

jaykodi said:

Fruitcake said:

It is not a fine.

What precisely does/did the lease say about parking, permits, parking charges, PPC, paying PPCs, and court claims?
What the lease doesn't say is just as important.

The lease has primacy of contract over anything an unregulated parking company says, no matter what graffiti they put on their signs.

At this stage I would just state that you had a right to park at the property according to the lease. You could state that you have/had the landholder's permission according to their lease.
It will normally say something about a right to quiet enjoyment, and may state something about the right to park a motor vehicle. Sometimes the space is demised to the property, sometimes it it refers to a first come, first parked system.

What happened when you complained to the landowner and managing agent?

You should also complain to your MP about this as well. A reputable parking company would have checked a leaseholder's rights before infesting the site or issuing a charge. 

Thanks @Fruitcake the  lease says "the right to the exclusive use the car parking space for the purpose of parking one private motor vehicle  not exceeding three tonnes gross laden weight" 

I could not complain to the landowner as the parking ticket was from 5 years ago.

Exclusive use means they have the right to use it how they see fit, including the right to let someone else park a vehicle in their demised space.

jaykodi said:

fisherjim said:

Maybe your wife was the driver?

@fisherjim We think she may have been the driver but the claim form is addressed to me as the registered keeper

The leaseholder being the driver strengthens your case, if it is true, or you believe it is true, or if you believe on the balance of probabilities it is true, because it means the driver had the right to park in their own demised space.

Do make the complaints to your MP as well, and ask her/him to forward it to Michael Gove MP and Neil O'Brien MP at the department for levelling up. They are the ones who are going to produce the new mandatory parking code of practice to be introduced next year. You should be asking, if not demanding, that parking companies must check a resident's existing rights, and abide by them before issuing a charge.
Sanctions  against PPC should be applied for breaching a tenant's existing rights.

Coupon-mad

jaykodi said:

fisherjim said:

Maybe your wife was the driver?

@fisherjim We think she may have been the driver but the claim form is addressed to me as the registered keeper

Which gives you another defence point.  

D_P_Dance

Read these and complain to your MP,

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

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/