CCBC Claim OWN PARKING SPACE KBT CORNWALL/BWLEGAL

madmati

Hello,

I need help with my defence. I get a Claim for 2 PCN for not displaying a permit on total amount 429.06. Claim issue date: 11/07/2022, I've done AoS. 

Most "own space" threads touching on your own parking space do not describe my case. 

I'm tenant in a block of flats and have an allocated space in a residential car park for which the landlord has given me a permit.
There is no mention of parking in our tenancy agreement, so I guess the permission to use the space is just implied by verbal agreement and the landlord having given us the remote and the permit. Is Primacy of Contract therefore irrelevant? The car park management was only appointed during my tenancy, it was not there before, but my contract, wasn't change.

On top of this, the car park is assigned to another flat, which belongs to the landlord's father, but I was given full rights to use it during my tenancy. Unfortunately, I have no physical agreement regarding the car park.

I am very much asking for help as there is little time left.

KeithP

madmati said:

Claim issue date: 11/07/2022, I've done AoS. 

Hello and welcome.

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

madmati

Thank you for your reply.
A claim was issued against you on 11/07/2022
Your acknowledgment of service was submitted on 24/07/2022 at 19:20:02
Your acknowledgment of service was received on 25/07/2022 at 08:05:40

KeithP

madmati said:

A claim was issued against you on 11/07/2022
Your acknowledgment of service was submitted on 24/07/2022 at 19:20:02
Your acknowledgment of service was received on 25/07/2022 at 08:05:40

With a Claim Issue Date of 11th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 15th August 2022 to file your Defence.

That's less than 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'.

madmati

I have read all the threads on the defence in the case of own space, but in each case the basis of the defence was the lease agreement. In my case, the issue is more complicated because my parking lease is based on a verbal agreement. Therefore, I do not know if I can apply this as my defence.

Trainerman

What is the actual contravention that you have been accused of?

If it was unauthorised parking, I would be looking to the fact that you were given a fob and a permit as a form of authorisation

madmati

Trainerman said:

What is the actual contravention that you have been accused of?

Trainerman said:

If it was unauthorised parking, I would be looking to the fact that you were given a fob and a permit as a form of authorisation

I cannot find any information on what exactly the accusations are. I could not find anything in any letter from BWLegal, other than information about the "conrtactual breaches". 

madmati

Trainerman said:

What is the actual contravention that you have been accused of?

Sorry, that photo uploaded wrong. He is transcription:

The Claim is for the sum of £209.06 being due from the Defendant in respect of 2 Parking Charge Notices for contractual breaches which occurred between 21/11/2021 and 28/11/2021 on private land operated and managed by the Claimant in relation to a vehicle with registration mark The land is privately owned and the Claimant operates and enforces a parking management scheme. The Defendant is believed to be responsible for the vehicle when the contractual breaches occurred.

Despite demands, the charges remain unpaid. The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.04) from 21/11/2021 to 08/07/2022 being an amount of £9.06.

The Claimant also claims £120.00 recovery costs as set out in the Terms and Conditions and in the ATA AOS Code of Practice.

KeithP

Amongst other stuff, those Particulars of Claim state...

The Claimant also claims £120.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

Trainerman

You say that your landlord gave you a permit. Did you always display it, and if so why not on these two occasions?

What do the actual signs say on the car park? Did you receive the original PCN? Would the Landlord's father who allowed you a space give a letter under statement of truth, and does HE have primacy of contract? You say you were there before the PPC so he might have. Generally, will landlord and father help you ? 

Which PPC?

The more information , the better.

Mouse007

madmati said:

There is no mention of parking in our tenancy agreement,

What does your lease say about use of common areas? What was mentioned in the property listing which advertised the flat?

madmati said:

On top of this, the car park is assigned to another flat, which belongs to the landlord's father, but I was given full rights to use it during my tenancy. Unfortunately, I have no physical agreement regarding the car park.

Is that the whole car park? How were those rights communicated to you? any email exchanges?