County court claim form,

Coupon-mad

EdKing said:

Mouse007 said:

Next time I won’t bother with

4, 5, 6 ,7 , and 10, 11, 12, 13

of the Defence.

Point 3 was enough to expand upon all that in the Witness Statement. My son had the contractual right to park there full stop.

Your defence just needs to be simple and to the point - but must include anything you need to rely upon later.

What right did you have to park outside your property? Have you seen this?

to answer this question in a short format, I bought the property in 2013 at the time I was advised when buying it came with parking. I can't find this in the lease document nor do I have all the old emails. the first managing company issued parking permits which I had, they then left and a new managing agent moved in. when the parking firm turned up they said they did not know them and had not contracted them and that they should not be ticketing ( keeping in mind the management company was working on behalf of the freeholder eg land owner. I have many emails from my managing agent to this effect. The plot then thickens as then several years later they then did say that they were not working with the parking company, they then said they were waiting for permits but in essence, they never issued a new one. it was a dreadful process back then I lost 1000s of pounds trying to get it all organized with lawyers etc. me and my four neighbors were all stuck in the middle and everyone suffered the same fate. I hope that makes some sense. I ultimately sold up and left because of the above as it went on for years. 

You lost thousands how? Not by paying PCNs?

Your description above should be slotted into the template defence (edited into the third person 'the Defendant') and don't use any of the below wording at all!

This isn't a defence, this is a POPLA appeal:

"The contract and any 'site agreement' or 'User Manual' setting out details - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights, and of course all enforcement

dates/times/days, and the boundary of the site - is key evidence to define what this operator is authorised to do, and when/where.

 It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is authorised on the material date, to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

 Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.

 Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA CoP) and basic but crucial information such as the site boundary and any bays where enforcement applies/does not apply. Not forgetting evidence of the only restrictions which the landowner has authorised can give rise to a charge, as well as the date that the parking contract began, and when it runs to, or whether it runs in perpetuity, and of course, who the signatories are: name/job title/employer company, and whether they are authorised by the landowner to sign a binding legal agreement.

 Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out

a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d who has the responsibility for putting up and maintaining signs 

e the definition of the services provided by each party to the agreement."

Bin all that!

Coupon-mad

Looks perfect!  I might remove this as it sounds a but like you consented to the terms of a 'permit scheme':

"The defendant can evidence that he was issued a permit on purchasing the property"

EdKing

Coupon-mad said:

Looks perfect!  I might remove this as it sounds a but like you consented to the terms of a 'permit scheme':

"The defendant can evidence that he was issued a permit on purchasing the property"

ow wow, I really struggle with this so thank you ( I will remove I guess I just put it there as I did actually get one orginally ) but the parking company wanted thier own one of course 

1505grandad

Typo  -  "....predatory behavior.."  -  behaviour

EdKing

1505grandad said:

Typo  -  "....predatory behavior.."  -  behaviour

thank you, folks I hope my last query as I plan to post my defence tomorrow. A huge thank you to all of you I have been totally lost trying to deal with this and you have all helped a great deal.  my last question , defence I am just sending pack to the court with the claim form, I do not have to send a copy also to the claimant ? 

thank you all Ed 

Mouse007

EdKing said:

1505grandad said:

Typo  -  "....predatory behavior.."  -  behaviour

thank you, folks I hope my last query as I plan to post my defence tomorrow. A huge thank you to all of you I have been totally lost trying to deal with this and you have all helped a great deal.  my last question , defence I am just sending pack to the court with the claim form, I do not have to send a copy also to the claimant ? 

thank you all Ed 

Correct. You can email the defence to CCBCAQ@justice.gov.uk,

to repeat above advice DO NOT use MCOL.

EdKing

Mouse007 said:

EdKing said:

1505grandad said:

Typo  -  "....predatory behavior.."  -  behaviour

thank you, folks I hope my last query as I plan to post my defence tomorrow. A huge thank you to all of you I have been totally lost trying to deal with this and you have all helped a great deal.  my last question , defence I am just sending pack to the court with the claim form, I do not have to send a copy also to the claimant ? 

thank you all Ed 

Correct. You can email the defence to CCBCAQ@justice.gov.uk,

to repeat above advice DO NOT use MCOL.

thank you mouse ( I will then email it to that address and post it also to the court business centre ) and that is all, Unless thats also wrong ( insert appropriate emoji) 

KeithP

EdKing said:

Mouse007 said:

EdKing said:

1505grandad said:

Typo  -  "....predatory behavior.."  -  behaviour

thank you, folks I hope my last query as I plan to post my defence tomorrow. A huge thank you to all of you I have been totally lost trying to deal with this and you have all helped a great deal.  my last question , defence I am just sending pack to the court with the claim form, I do not have to send a copy also to the claimant ? 

thank you all Ed 

Correct. You can email the defence to CCBCAQ@justice.gov.uk,

to repeat above advice DO NOT use MCOL.

thank you mouse ( I will then email it to that address and post it also to the court business centre ) and that is all, Unless thats also wrong ( insert appropriate emoji) 

No need to post it to the County Court Business Centre.
Sending it by email to them is good enough.

This is all explained in that checklist in the opening post of the template Defence thread where it says...

You may find other entries on that checklist useful too, especially when you receive your Directions Questionnaire.

Mouse007

No need to post - they don't want post. I just emailed with this line in subject box

URGENT RE CLAIM xxxxxxxx - Please find my Defence attached

Replace xxxxx's with the Claim number as shown on your claim form

I didn't even put a message in the body of the email, just attached the pdf document.

Do this during working hours and make sure you get the auto reply acknowledgement of receipt.

Thereafter checked MCOL daily and after 2 or 3 days it showed up as defence received. Confirmation was posted to us the next day confirming a copy was going to be served on the Claimant.

EdKing

KeithP said:

EdKing said:

Mouse007 said:

EdKing said:

1505grandad said:

Typo  -  "....predatory behavior.."  -  behaviour

thank you, folks I hope my last query as I plan to post my defence tomorrow. A huge thank you to all of you I have been totally lost trying to deal with this and you have all helped a great deal.  my last question , defence I am just sending pack to the court with the claim form, I do not have to send a copy also to the claimant ? 

thank you all Ed 

Correct. You can email the defence to CCBCAQ@justice.gov.uk,

to repeat above advice DO NOT use MCOL.

thank you mouse ( I will then email it to that address and post it also to the court business centre ) and that is all, Unless thats also wrong ( insert appropriate emoji) 

No need to post it to the County Court Business Centre.
Sending it by email to them is good enough.

This is all explained in that checklist in the opening post of the template Defence thread where it says...

You may find other entries on that checklist useful too, especially when you receive your Directions Questionnaire.

thank you Keith, ( im sorry last one.. ) there is no email address for the 'legal team' of the claimant nor is one available on their website, its ok to post it to them I assume..