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

Fruitcake

Yes you need to mention your AST in the defence. You will need to provide a copy of it, or the relevant parts at the witness statement/exhibits stage.

You can claim ordinary costs of up to £95, but many judges don't allow them at all, which seems grossly unfair to me.

Le_Kirk

I agree that it is unfair and more defendants should point judges to CPR27.14 (d) & (e) and any others (letters) they can squeeze in.

Not_A_Hope

Agreed - what your AST says or doesn't say is absolutely relevant. However you need to drive the Primacy of Contract point home for the judge and provide evidence that what you state is true. Perhaps just copy the page and highlight the section that references parking. 

gs_park

Not_A_Hope said:

Agreed - what your AST says or doesn't say is absolutely relevant. However you need to drive the Primacy of Contract point home for the judge and provide evidence that what you state is true. Perhaps just copy the page and highlight the section that references parking. 

@Not_A_Hope - The AST does not talk about parking space at all so there is no mention of the display of parking permit. So do I just attach the tenancy agreement?

Coupon-mad

Yes you do. Numbered exhibits.

And your other exhibits like Excel v Wilkinson and other stuff, as seen in the more recent WS examples we keep telling new posters to base theirs on:

@aphex007
@Daiapolon2021
@wobs2k

gs_park

Hi @Coupon-mad @Le_Kirk @Not_A_Hope @Fruitcake

I have now updated the 2 main points on WS. They read as follows:

3. I have looked at evidence photos (taken by UKPC warden) and they show that a valid parking permit was clearly displayed on the windscreen so there was no breach. The car was parked in the defendant’s allocated parking space to which access was only possible via a key fob which was only issued to residents. The defendant’s car was de-facto permitted due to being the tenant of Flat 64 with an allocated parking space.

4. The defendant avers that the parking charge is spurious. The defendant displayed the permit (provided by his landlord) as a matter of courtesy as his Assured Shorthold Tenancy (AST) contract had primacy of contract over an unregulated private parking company that was not party to Defendant's AST (attached as a separate document). The AST contract does not mention or mandate the display of parking permits for allocated car parking spaces.

@Coupon-mad I have added exhibits from other cases and my own AST. I have also updated point 4 above to say that AST contract does not mention or mandate the display of parking permits.

Are there any other updates that I should be making to the WS?

Coupon-mad

I think don't call the scammer a warden!  They are just a UKPC employee or self ticketer after a bounty.

gs_park

Coupon-mad said:

I think don't call the scammer a warden!  They are just a UKPC employee or self ticketer after a bounty.

@Coupon-mad Great point. Have updated.

The case is in Court of Reading but I am not sure where to send the WS? I am aware of this page but not sure which email to send it to?

https://www.find-court-tribunal.service.gov.uk/courts/reading-county-court-and-family-court

Also for UKPC/claimant, do I send it to the same bunch to whom the defence was sent?

Coupon-mad

You send it to the hearings email for your local court that you can find (online - or phone them of course, in the morning if not sure), plus copy in the legal firm acting for UKPC, whose email is easy to search for on this forum, if you don't have it.

You probably do, from them emailing you UKPC's WS bundle?

Obviously the subject line of the email needs to have the claim number and date/time of hearing and 'urgent - Defendant's witness statement and evidence'.

gs_park

Coupon-mad said:

You send it to the hearings email for your local court that you can find (online - or phone them of course, in the morning if not sure), plus copy in the legal firm acting for UKPC, whose email is easy to search for on this forum, if you don't have it.

You probably do, from them emailing you UKPC's WS bundle?

Obviously the subject line of the email needs to have the claim number and date/time of hearing and 'urgent - Defendant's witness statement and evidence'.

I will call them in the morning to confirm the email address.

@Coupon-mad UKPC hasn't emailed any WS bundle to me still. Is this something I should wait for or just go ahead and send mine and ask for theirs? I will search the forum for their email addresses, probably the same people I sent my defence copy to.

Thanks.