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

MThomas95

Just done that, cheers for the tip. Anything else worth elaborating on?

Coupon-mad

Remove all this. Far too much acceptance of blame!

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.

B789

Have you tried searching for other defences of the same nature which are worded a bit better?

MThomas95

Coupon-mad said:

Remove all this. Far too much acceptance of blame!

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.

Okay. Have been following your template which states about explaining what went wrong e.g. did the permit slip of the dashboard. 

MThomas95

B789 said:

Have you tried searching for other defences of the same nature which are worded a bit better?

Can you elaborated on what should be worded better please. I have had a read through lots of defences to help construct mine. I'm not great with articulating the points across, so any direct advice would be greatly appreciated. 

Fruitcake

The slipped permit (displayed as a courtesy) is only a minor point. Your major points are your primacy of contract, breach of your right to quiet enjoyment, and the PPC not offering anything you do not already have.

B789

MThomas95 said:

B789 said:

Have you tried searching for other defences of the same nature which are worded a bit better?

Can you elaborated on what should be worded better please. I have had a read through lots of defences to help construct mine. I'm not great with articulating the points across, so any direct advice would be greatly appreciated. 

As the PoC in the claim are so sparse, you were advised to use the template that covers that issue. An example of it is here:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

Maybe after removing the bits as advised, you can consolidate your points into fewer paragraphs. Just remember to renumber everything as necessary.

MThomas95

Is it worth mentioning the entire statement taken from my superior lease in one point of the defence, or should i take a snippet of it ?

1.     The right for the Tenant and all persons authorised by him (in common with all other persons entitled  to  the  right)  at  all  times  for  reasonable  purposes  connected  with  the  residential  use and  occupation  of  the  Property  and  the  Parking  Space  only  to  go  pass  and  repass  with  or without  vehicles  (as  appropriate)  over  and  along  the  Buildings  Internal  Common  Parts  and Estate  Common  Parts  over  which  the  Tenant  requires  rights  in  connection  with  the  use  and enjoyment of the Property and Parking Space which are contained within the Estate.

MThomas95

B789 said:

MThomas95 said:

B789 said:

Have you tried searching for other defences of the same nature which are worded a bit better?

Can you elaborated on what should be worded better please. I have had a read through lots of defences to help construct mine. I'm not great with articulating the points across, so any direct advice would be greatly appreciated. 

As the PoC in the claim are so sparse, you were advised to use the template that covers that issue. An example of it is here:

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

Maybe after removing the bits as advised, you can consolidate your points into fewer paragraphs. Just remember to renumber everything as necessary.

I have added the points about the vague PoC. I will do some reworking of my main points at the top of the defence as well. Thank you.

MThomas95

Is it worth stating their rights as a third party, not being able to enforce any terms within my tenancy agreement ?

"This Agreement shall not operate to confer any rights on any third party. A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement".