CLAIM FORM for parking charges in 2018

Mouse007

Have a look at the defence I submitted for my son, https://forums.moneysavingexpert.com/discussion/comment/79206386/#Comment_79206386

If I were doing it again I would propably make it shorter. You need short points which can be expanded upon with supporting evidence at the witness statement stage.

Dess

Ah sorry, English is not my first language! Thank you, I will change those words, exclude the tenancy agreement and make the defence a bit more concise.

Dess

I have updated the defence, could you give me some feedback? Is it still too long?

3. It is admitted that on 15/05/2018, 26/05/2018, 02/06/2018, 03/06/2018, 04/06/2018 the Defendant's vehicle was parked at ... .

4. The Defendant had an Assured Shorthold Tenancy Agreement with ..., originally commencing on 15 May 2017 and expiring on 14 May 2018. The Shorthold Tenancy Agreement was extended by a further month, with a new expiration date on 14 June 2018.

5. The Defendant had been verbally requested to present a parking pass that would be provided by the reception of the development ... and could be displayed on the windscreen of the vehicle. The Defendant was compliant with the request, however, the reception team failed to provide said pass on multiple occasions resulting in the Parking Charge Notices being issued by the Claimant. The Defendant had communicated this to the Assistant Accommodation Manager, to which she replied by email. A copy of the email evidence will be provided to the Court.

6. The Defendant received the Parking Charge Notices on the dates between 15 May 2018 and 04 June 2018. The final Parking Charge Notice was issued on the same date of the pass being provided to the Defendant.

Authority to Park and Primacy of Contract
7. It is denied that the Defendant was in breach of any parking conditions or was not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the above-mentioned vehicle to be parked by the current occupier and leaseholder of ..., whose tenancy agreement permits the parking of vehicle(s) on land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms or verbal requests. The Shorthold Tenancy Agreement entitled the defendant to 1 x parking space without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle or the requirement to display a parking permit. A copy of the lease will be provided to the Court, together with witness evidence that prior permission to park had been given.

8. The Defendant avers that the operator’s signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease.

Accordingly, it is denied that:
8.1. there was any agreement as between the Defendant or driver of the vehicle and the Claimant
8.2. there was any obligation (at all) to display a permit; and
8.3. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

Thank you for all your help!

Coupon-mad

I think that's fine, as part of the Template Defence.  Very good!

Remember that defence is not your only job, so re-read the first 12 steps in the first post of the Template Defence thread to be ready for the next form & letters.

Dess

Hi, I'm having a hard time finding the information on how to file the defence by email as the MCOL only allows a maximum of 122 lines in the defence particulars. Any help?

Coupon-mad

As I already said above your reply:

"re-read the first 12 steps in the first post of the Template Defence thread"

Dess

Which one of these email addresses would be the correct one? Thank you

Umkomaas

Dess said:

Which one of these email addresses would be the correct one? Thank you

None of the above!

The correct email address is in the Template Defence Announcement - as @Coupon-mad says, the 12 steps shown in the first post of that Announcement has it for you. 

KeithP

Dess said:

Hi, I'm having a hard time finding the information on how to file the defence by email as the MCOL only allows a maximum of 122 lines in the defence particulars. Any help?

Did you read this in my earlier post?...

To create a Defence, and then file a Defence by email...

...see the words by email there?

followed by...

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'.

When preparing your Defence you were obviously following the guidance in the Template Defence thread.

The opening post on that Template Defence thread gives explicit instructions on how to file a Defence.

Coupon-mad

And don't email the CCBC at the weekend!