Double Court Claim for residently Parking ( own space ) vs Moorside Legal

Not_A_Hope

I see nothing wrong in mentioning HMCTS - His Majesty's Courts & Tribunals Service - in that paragraph.

Oops - I should have read the whole para and I would have realised. Thanks for the correction

KeithP

MThomas95 said:

I have primarily used the template within https://www.dropbox.com/s/kz5geefnv6lyuta/Defence Redacted.pdf?dl=0. What has differed so much ? 

Unfortunately you have used what is effectively a 'snapshot' of what the Template Defence looked like on 18th November 2022 - almost six months ago.

There have been edits to the Template Defence since then which appear not to have been reflected in the version you have used. 

I have no doubt the owner of that Dropbox file created that copy with the best intentions, but as time goes by, it is going to become more and more 'different' to that in the Template Defence thread.

MThomas95

KeithP said:

MThomas95 said:

I have primarily used the template within https://www.dropbox.com/s/kz5geefnv6lyuta/Defence Redacted.pdf?dl=0. What has differed so much ? 

Unfortunately you have used what is effectively a 'snapshot' of what the Template Defence looked like on 18th November 2022 - almost six months ago.

There have been edits to the Template Defence since then which appear not to have been reflected in the version you have used. 

I have no doubt the owner of that Dropbox file created that copy with the best intentions, but as time goes by, it is going to become more and more 'different' to that in the Template Defence thread.

Arh okay. Could you provide a link to the updated version please.

KeithP

MThomas95 said:

KeithP said:

MThomas95 said:

I have primarily used the template within https://www.dropbox.com/s/kz5geefnv6lyuta/Defence Redacted.pdf?dl=0. What has differed so much ? 

Unfortunately you have used what is effectively a 'snapshot' of what the Template Defence looked like on 18th November 2022 - almost six months ago.

There have been edits to the Template Defence since then which appear not to have been reflected in the version you have used. 

I have no doubt the owner of that Dropbox file created that copy with the best intentions, but as time goes by, it is going to become more and more 'different' to that in the Template Defence thread.

Arh okay. Could you provide a link to the updated version please.

Back on 19 April at 1:40PM I gave you a link to the second post of the NEWBIES thread.

Also at that time I wrote on your thread...

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

MThomas95

New Facts stated in my defence:

The facts as known to the Defendant:

 

1.     It is admitted that the Defendant was the registered keeper and driver of the vehicle registration marked “-----”.

 

2.     It is admitted that on the 11/04/2022 the vehicle was parked in the bay (278) ------------.

 

3.     It is admitted that on the day of the PCN, the permit that was normally on display on the dashboard, had instead slipped down the side of the passenger seat and was therefore unseen by the PCM officer.

 

4.     It is admitted that the time of arrival into the parking space was late in the evening, so visibility was low and unfortunate movement of the permit was unseen by the driver.

 

5.     The fact that the time of arrival was late also meant that visibility of the signs in the parking area were almost zero as the signs were not lit by a spotlight.

 

6.     It is known to the Defendant, stated in the superior lease, that they have the to use and occupy the property and parking space allocated in the estate.

 

7.     The Defendant had the right to park without conditions under an easement granted in an Assured Shorthold Tenancy at the property.

 

8.     The Defendant had the right to “quietly hold and enjoy the Premises during the Tenancy without any unlawful interruption by the Landlord or any person rightfully claiming under, through or in trust for the Landlord”.

 

9.     Under this tenancy the Defendant’s contractual rights and obligations are with the landowner and no other party.

 

10.  The Tenancy Agreement makes no reference to any requirement to register vehicle registration numbers with the Landlord’s agent.

 

11.  It is to the understanding that the Defendant actions to display a parking permit are based off a courtesy, not an obligation to PCM Ltd, as the right to park in the space stated in the tenancy agreement is without the need to do so.

 

12.  The Tenancy Agreement clearly states the bay (278) which the Defendant has the right to park in without any requirements.

Fruitcake

Your post contains a lot of personal information (VRM, address, parking bay number). I have reported it accordingly. I suggest you delete it, redact the personal data, and re-post it.

MThomas95

Fruitcake said:

Your post contains a lot of personal information (VRM, address, parking bay number). I have reported it accordingly. I suggest you delete it, redact the personal data, and re-post it.

Thank you, apologies for that.

Fruitcake

With regards to displaying a permit, you should state that this was only done as a curtesy and does not in any way mean the defendant agreed to a variation of their unfettered rights to park in their own bay not their right to quiet enjoyment.

MThomas95

Fruitcake said:

With regards to displaying a permit, you should state that this was only done as a curtesy and does not in any way mean the defendant agreed to a variation of their unfettered rights to park in their own bay not their right to quiet enjoyment.

I do state that, but you have explained the point better way. I will use that, thank you.

Fruitcake

MThomas95 said:

Fruitcake said:

With regards to displaying a permit, you should state that this was only done as a curtesy and does not in any way mean the defendant agreed to a variation of their unfettered rights to park in their own bay not their right to quiet enjoyment.

I do state that, but you have explained the point better way. I will use that, thank you.

Yes, but you need to include it the same paragraph where you state the permit was displayed.