compiling defence for unfair parking ticket, county court business centre stage

Ysekots

B789 said:

Do you mean a "set aside" rather than a "counterclaim"?

Sorry not a counterclaim, I was told to start a new claim separately but that may well be a set aside application. I can’t remember specifically. 

B789

Ysekots said:
Sorry not a counterclaim, I was told to start a new claim separately but that may well be a set aside application. I can’t remember specifically. 

You may need to brush up on the terminology used here. It is quite important that you understand it and get it right.

Coupon-mad

Ok, re your defence:

I would admit to driving in para 2 and remove the end phrase 'but liability is denied.' That is already in the template para 1.

Also remove para 7 about the POFA.  Not relevant to an admitted driver, which you can be.

Put this as para 7 instead and remove your earlier mention of Jopson because this will do:


7. The Defendant avers that the operator’s signs cannot (i) override the existing rights enjoyed by residents and (ii) retrospectively and unilaterally restrict and charge for access and parking easements. The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial.   Accordingly, it is denied that there was any agreement between the Defendant and the Claimant, who has no legitimate interest or any lawful basis to pursue a claim.

Ysekots

Coupon-mad said:

Ok, re your defence:

I would admit to driving in para 2 and remove the end phrase 'but liability is denied.' That is already in the template para 1.

Also remove para 7 about the POFA.  Not relevant to an admitted driver, which you can be.

Put this as para 7 instead and remove your earlier mention of Jopson because this will do:


7. The Defendant avers that the operator’s signs cannot (i) override the existing rights enjoyed by residents and (ii) retrospectively and unilaterally restrict and charge for access and parking easements. The Defendant will rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial.   Accordingly, it is denied that there was any agreement between the Defendant and the Claimant, who has no legitimate interest or any lawful basis to pursue a claim.

That’s Brilliant, thank you. I have now made all the amendments you have suggested. 

I have attached a screenshot of the parts discussed/amended. and I’m assuming this is now ready to send. I’ve signed and dated the bottom and will email it over. Then I will post updates on here as and when I get them! I’m incredibly grateful for everybody’s help on this. So thank you all again! Xx

Le_Kirk

Presumably you will, if using the template defence, add the rest of the paragraphs in before submitting.

Ysekots

Le_Kirk said:

Presumably you will, if using the template defence, add the rest of the paragraphs in before submitting.

Yes that was just a screenshot of that section. I have 37 paragraphs In total. 

Coupon-mad

Looks really good now.

Ysekots

Hello,

I now have a court date in march and i have received Ukpc’s witness statement and evidence for the impending case. I now have 2 days to complete my witness statement and send it along with evidence to ukpc and the court.  

In their witness statement they have picked apart my defence and it’s worried me a little bit. However there are parts of their statement which I believe I can still pick holes in. 

Should I send over their statement to see if there’s anything you too can pick holes in? 

Fruitcake

Upload their WS and yours to separate files in Dropbox or similar, then post the links here.

Redact personal info, but please tell us what you have redacted and what the claimant has redacted in their WS.

Make sure the Dropbox or similar accounts are not in your real name, and make sure they do not contain any other personal files. 

Ysekots

https://www.dropbox.com/scl/fi/zntk0ymvqfx1biw8igsau/Ukpc-witness-statement-evidence-redacted-version-.pdf.pdf?rlkey=4we71kojvxo7t8jy4gfnmj3kd&dl=0

This is the link for Ukpc’s witness statement and evidence. I haven’t completed mine yet, but I will be tackling it today. I can also share a link with my original defence if that helps too?

One of the points I feel they might lose on is the lack of clarity on their signage. It just says ‘registered users only’ or ‘no unauthorised vehicles’. There’s no clarity on what those terms mean and no reference to where I might be able to find more information as to what they mean. 

My evidence will include my tenancy agreement with the date my tenancy started to prove I am a resident. Also the part of my tenancy agreement referencing ‘parking area’ which also bears no specifics on parking or obtaining a parking space. 

They’ve also dismissed my loading/unloading argument on the basis of the length of times I was parked (26-45 mins). However I live on the fourth floor with no lift and I was decorating my property and moving in. So I was essentially carrying heavy packs of laminate flooring, tins of paint, and big boxes of my possessions up eight flights of stairs. So I will also be including photos of my block to show this. 

Similarly if I were to park on the road outside the flats, my car would be out of view and thus every trip I would have to close and lock it. But the part of the road that has paid parking would add an another staircase and a 3 minute walk to every trip I made carrying rather heavy loads.