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

D_P_Dance

Have you considered counter-claiming for harassment/data breach/tortuous interference?  Have you complained to your MP?

gs_park

@D_P_Dance I actually have a draft email written ready to send to my MP and this is what I had also asked in my very first post. I can make my MP aware of this but I wasn't sure what to expect from him? Would it make any difference to the case? I genuinely don't know if and how my MP could help me out here.

gs_park

@D_P_Dance And no I haven't considered counter-claiming as I am not sure if I should/could and if that would adversely affect my case.

D_P_Dance

Why would a counter claim affect your case, imo it might re-inforce it.  

gs_park

@D_P_Dance I did not mention counterclaim on my acknowledgment. Can I do that now?

Also as per my message above, could you let me know how writing to the MP might help? Would he be able to do something in this particular case?

D_P_Dance

Surelyy that depends on the MP.  Some may bin it, some may take it up with the Secretary odf State 

Coupon-mad

It is not easy to write or win a counterclaim and it costs a fee and forces the case to a hearing, possibly at the cost of a further fee if UKPC have discontinued by then.

Your defence looks fine.

Fruitcake

gs_park said:

Hi @Coupon-mad, @Fruitcake, @1505grandad, @D_P_Dance

This is my final version of Defence as per your suggestions. I think I have worded the points correctly. Also @Fruitcake, they had the parking sign in the underground parking (screenshot attached). Can I still say that permit wasn't really required to be displayed and ATS had primacy of contract?

1. 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 Defendant was the registered keeper and driver of the vehicle (reg AB11CDE) but liability is denied.

3.1 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.

3.2 Defendant's car was de facto permitted due to being a tenant of XX with an allocated parking space (Bay X) 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.

3.3 Defendant avers that the parking charge is spurious. Defendant displayed the permit as a matter of courtesy as his AST had primacy of contract over an unregulated private parking company that was not party to Defendant's AST.

4. Defendant requests that the parking attendant be summoned for questioning regarding issuance of the ticket even though the permit was clearly on display as a matter of courtesy. Any notes from the parking attendant should also be made available for review to ascertain why the charge was made even though no breach of parking T&Cs had occurred.

Thanks again for your advice.

The presence of that sign anywhere makes no difference to your defence.

You were authorised to park in accordance with the terms of your property rental agreement.
There is no requirement in your rental agreement to display a permit.
What will happen to unauthorised vehicles cannot be read.
The sign is forbidding and offers nothing to unauthorised vehicles, therefore there can be no acceptance, therefore there can be no breach.

gs_park

Thanks @Fruitcake, @Coupon-mad and @D_P_Dance for your feedback.

gs_park

Hi. I have now received the Directions Questionnaire. Should I just say no to mediation and fill it in and post it to the

1. County Court Business Centre Northampton

2. Claimant

Is the filled form to be photocopied and sent to both parties or is there an online version of it that can be filled and submitted?

@Fruitcake @Coupon-mad