Claim Form for Parking Ticket - Had Parked in my own allocated parking

gs_park

Hi

I received a Claim form issued on XXth Dec for a parking ticket that was issued a few years ago. I submitted the acknowledgment online on MCOL on XXth Dec. I believe I have until the end of 17th Jan to submit my defence and have a few questions on how to go about it so would really appreciate it if you could help me out.

The parking ticket:
I had parked my car in its allocated place in our building where I lived for 2 years. For some unknown reason, I was issued a ticket for parking in my own allocated space. The parking area had secure key fob access.

Evidence:
The only piece of evidence I have is the photographs that they themselves took. The photographs show that I am parked in my allocated space and also show the parking permit that was provided to me by my landlord.

So far:

I never saw the ticket attached to my car and only became aware of the ticket after about 2 months as the letters had gone to the previous address I used to live at. As it was a completely unjustified ticket, I chose to not pay it. Looking online and some of the posts here, I decided to ignore their letters. On XXth Dec 2021, I got a claims form letter and I went ahead and submitted the acknowledgment that I have received the latter and will be disputing the whole amount.

Note:

I moved from the apartment in Dec 2019 and the car was written off in 2020. I do not think this makes any difference to the case but thought should mention it.

Your Help:
It may be too late to ask but is this evidence enough? I lived there for 2 years but got this ticket issued randomly one day. As I haven't filed the defence yet, could you let me know:
1. What should I be submitting as evidence? Apart from the photos, should I tell them that I lived there for 2 years and never again got a ticket for parking in the same spot, my reserved parking space? I could attach the tenancy agreement's dates page.
2. It is a clear case of the ticket warden not knowing the rules, being inexperienced, or just incompetent as the photographs show all the details as expected. Should I be including this in the defence?
3. The claim form says I agreed to pay the fine in 28 days which I did not. I am going to obviously raise this as this never happened.

4. Some posts here suggest getting in touch with the MP. I have drafted the email but what should I be asking him specifically? I am not sure if he can intervene in this matter or provide some kind of official letter/note that I could upload?

5. I have read 'Own Apartment parking fine' defence and thinking of using it as the template. https://forums.moneysavingexpert.com/discussion/comment/74708527#Comment_74708527

I have read the Newbies posts as well but if someone can point out the ones for the situation similar to mine and the defence on 'Parking fine on own parking space', it will really help me post my defence (a good one with your help) in time.

I have always paid my dues and on time but this one I really do not want to as I was not in the wrong here at all.

Thanks for your generous and helpful advice.

go-on-then

You say ' for some unknown reason you were issued a ticket '    but then say that you became aware of the ticket after about 2 months.    So is there a reason for an alleged breach on the ticket ?? 

KeithP

Hello and welcome.

gs_park said:

I received a Claim form issued on !3th Dec for a parking ticket that was issued a few years ago.
I submitted the acknowledgment online on MCOL on 18th Dec.
I believe I have until the end of 17th Jan to submit my defence...

You are right about your Defence filing deadline but there might be something useful here...

With a Claim Issue Date of 13th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th January 2022 to file your Defence.

That's 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'.

gs_park said:

1. What should I be submitting as evidence? Apart from the photos, should I tell them that I lived there for 2 years and never again got a ticket for parking in the same spot, my reserved parking space? I could attach the tenancy agreement's dates page.

No evidence gets submitted with a Defence.
That comes later - at Witness Statement time.

gs_park said:

3. The claim form says I agreed to pay the fine in 28 days which I did not. I am going to obviously raise this as this never happened.

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

gs_park

go-on-then said:

You say ' for some unknown reason you were issued a ticket '    but then say that you became aware of the ticket after about 2 months.    So is there a reason for an alleged breach on the ticket ?? 

By unknown, I meant to say that they say the permit wasn't displayed properly when the pictures they themselves took show that it was clearly visible on the windshield. My argument is I lived there for 2 years, parked in the same spot, same permit but was randomly issued a ticket once.

Coupon-mad

Not quite; your argument is that the permit was always displayed and the evidence photo shows the permit so there was no breach.

Also that the Defendant's car was de facto permitted due to being a tenant with an allocated space and as such, the Claimant offered nothing of value (the Defendant already had the right to exclusive use of that bay).  In fact this over-zealous ex-clamper firm were a pariah at the site, causing complaints and targeting residents with predatory 'fines' and interfered with the resident's rights that flowed from the landlord.

You should use the template defence.  Add some key points to it from the example you found but don't use it if it is old.  You can tell by the statement of truth, as the NEWBIES thread tells you changed to a longer one in 2020.

 

gs_park

Coupon-mad said:

Not quite; your argument is that the permit was always displayed and the evidence photo shows the permit so there was no breach.

Also that the Defendant's car was de facto permitted due to being a tenant with an allocated space and as such, the Claimant offered nothing of value (the Defendant already had the right to exclusive use of that bay).  In fact this over-zealous ex-clamper firm were a pariah at the site, causing complaints and targeting residents with predatory 'fines' and interfered with the resident's rights that flowed from the landlord.

You should use the template defence.  Add some key points to it from the example you found but don't use it if it is old.  You can tell by the statement of truth, as the NEWBIES thread tells you changed to a longer one in 2020.

 

@Coupon-mad Thanks for your reply above. Could I just insert the suggested argument along with few more details to the DEFENCE TEMPLATE titled TEMPLATE DEFENCE - NEW FROM OCTOBER 2020 from you in NEWBIES POST?

Is it sufficient to just update #2 and #3 and use rest of the template as is? I only ask as the template talks about ParkingEye Vs Beavis and few other cases. There is also a paragraph on seeking costs (#17 and #18).

As mine is a parked in my own parking space, just wanted to make sure I can still use these and if I should add the point about seeking costs.

Thanks again for your time.

Coupon-mad

Yes.

Loads of cases that are almost exact matches for your case are here for you to use as a resource.  Read some and see what they put.  You can certainly expand on the facts and add more than just one paragraph.

gs_park

@Coupon-mad Thanks again. I have read a few but as suggested will read up some more.

gs_park

Hi @Coupon-mad and kind experts of MSE forum

I am about to submit my defence and wanted your opinion on the points I have made here. I have used the TEMPLATE DEFENCE - NEW FROM OCTOBER 2020 from @Coupon-mad. Below I am only putting the first five points where points 2-4 explain my situation.

Kindly advice if this looks okay or if I should make any changes? I understand that later I will have to fill in  Directions Questionnaire from CCBC and provide (send) evidence and witness statement at some point and as this is the very first time I am doing this, I want to make sure what (and how) I write in my defence here doesn't invalidate my case in any way.

CLAIM NO. XYZ12345

UK PARKING CONTROL LTD (CLAIMANT) AND JOHN DOE (DEFENDANT)

DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

2. It is admitted that the Defendant was the registered keeper of the vehicle (reg AB11CDE) but liability is denied.

3. The Particulars of Claim on the N1 Claim Form refer to 'Parking Charge(s)' incurred on XX/XX/XXXX. However, they do not state the basis of any purported liability for these charges, in that they do not state in what way they are alleged to have been breached.

4.1 The car was parked in Defendant's allocated car parking bay and the parking permit was always visible and the evidence photo shows the permit so there was no breach. The entry to the underground parking is by means of a key fob, of a type only issued to residents.

4.2 The Defendant's car was de facto permitted due to being a tenant of XX with an allocated parking space (Bay #) and as such, the Claimant offered nothing of value (the Defendant already had the right to exclusive use of that bay).  In fact this over-zealous firm has been targeting residents with predatory 'fines' and interfered with the resident's rights that flowed from the landlord.

Thanks again for your advice.

Coupon-mad

Looks fine except I'd remove #3 or swap it with the point below it.

D_P_Dance

Why did you display a permit?  Does not your lease/AST take primacy?  Have you read tese?

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

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