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CASE WON Student Accommodation with free parking
Mouse007
Forumite 966 Posts
My son managed to collect 4 PCNs on the first four days at his student accommodation last September, fast forward we now have a defense to submit by tomorrow. Using the suggested template I’ve drafted the following for the [EXPLAIN IN YOUR OWN WORDS... bit
Comments appreciated, am I doing this bit right? Anything we should add or remove?
The facts as known to the Defendant:
2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.
3. The defendant had the right to park without conditions under an implied easement granted with an Assured Shorthold Tenancy at the property.
4. Under this tenancy the defendants contractual rights and obligations were direct with the landowner.
5. The Website listing for the property stated the rent included free parking on a first come first served basis.
6. The Tenancy Agreement makes no reference to any requirement to register vehicle registration numbers with the landlord’s agent.
7. The defendant had not at any time prior to xx September 2021 been advised there were any terms of conditions for use of the car parking spaces.
8. On xx September the defendant was advised of the requirement to register Vehicle Registration number. The defendant was further advised by the Parking Enforcement Warden that after registration all Parking Charge Notices would be cancelled.
9. The defendant was unable to contact the Landlord’s agent for several days to register his Vehicle.
10. The Landlord’s agent have subsequently failed to cancel the PCN’s
11. The facts in this defence come from the Defendant's own knowledge and honest belief. ... rest per template subject to any necessary edits
2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.
3. The defendant had the right to park without conditions under an implied easement granted with an Assured Shorthold Tenancy at the property.
4. Under this tenancy the defendants contractual rights and obligations were direct with the landowner.
5. The Website listing for the property stated the rent included free parking on a first come first served basis.
6. The Tenancy Agreement makes no reference to any requirement to register vehicle registration numbers with the landlord’s agent.
7. The defendant had not at any time prior to xx September 2021 been advised there were any terms of conditions for use of the car parking spaces.
8. On xx September the defendant was advised of the requirement to register Vehicle Registration number. The defendant was further advised by the Parking Enforcement Warden that after registration all Parking Charge Notices would be cancelled.
9. The defendant was unable to contact the Landlord’s agent for several days to register his Vehicle.
10. The Landlord’s agent have subsequently failed to cancel the PCN’s
11. The facts in this defence come from the Defendant's own knowledge and honest belief. ... rest per template subject to any necessary edits
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”
Please then tell us here that you have done so.
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Which PPC?
Which legal firm?
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
Has an Acknowledgment of Service been filed?
If so, upon what date did that happen?
The MCOL Claim History will have the definitive answer to that.
I'm asking these questions because most people who come here for help seem to miscalculate their Defence filing deadline. And I say it with the best intention, hopefully you too have got it wrong and you have a few more days than you think.
For a start, I can say for definite... your Defence is not due tomorrow. Never will a Defence filing deadline be on a Saturday.
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”
That's a whole weekend away. Plenty of time to produce 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'.
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”
This is confirmed in the Money Claim Online (MCOL) - User Guide, which explains that a Defence is never due on a non-working day.
On page 14 of that document it says:
The facts as known to the Defendant:
2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.
3. The defendant had the right to park without conditions under an easement granted in an Assured Shorthold Tenancy at the property.
4. Under this tenancy the defendant’s contractual rights and obligations are with the land owner and no other party.
5. The website listing advertising the property stated there was free parking on a first come first served basis.
6. The tenancy agreement grants the defendant the right to use communal areas without specifying any uses or conditions
7. The Tenancy Agreement makes no reference to any requirement to register vehicle registration numbers with the landlord’s agent.
9. In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.
10. The defendant had not at any time prior to 11 September 2021 been advised there were any terms of conditions for use of the car parking spaces.
11. On 11 September the defendant was advised of the requirement to register his Vehicle Registration number. The defendant was further advised by the Claimant’s Parking Enforcement Warden that after registration all Parking Charge Notices would be cancelled.
12. The defendant was unable to contact the Landlord’s agent for several days to register his Vehicle.
13. The Landlord’s agent have subsequently failed to cancel the PCN’s
14. The facts in this defence come from the Defendant's own knowledge and honest belief. The Defendant should not be criticised for using some pre-written wording from a reliable source. The Claimant is urged not to patronise the Defendant with (ironically template) unfounded accusations of not understanding their defence. This Defendant signed it after full research and having read this defence several times, because the court process is outside of their life experience. The claim was an unexpected shock.
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”