PCN's on Partners Demised parking space.

Coupon-mad

That's not based on the hharry100 defence that I clearly link for everyone in the 3rd para of the Template Defence itself.

Hendolad

@Coupon-mad
Is it this one?:

Hendolad

I've copied the first four paragraphs as you kindly reminded me and added this as my statement in paragraph 5

5. The Defendant admits that between 09/06/2022 and 21/06/2022, the Defendant’s vehicle registration no. **** was parked at Parking Space ****.

5.1 The Defendant denies the existence of any contract between himself and the Claimant and asserts that the parking was authorised under the terms of a primary contract, specifically "The Lease Agreement" held by ****.

5.2 The parking space and the parking of the car mentioned above conform with the terms of the primary contract "The Lease Agreement," held by ****, who authorised the parking in her demised space at the mentioned times. Statements and Lease to be brought in evidence.

5.3 The Defendant asserts an absolute entitlement to park derived from the lease terms, which cannot be fettered by any alleged parking terms imposed by the Claimant. This position is supported by the principle established in Pace V Mr N [2016] C6GF14F0, where it was found that a parking company could not override a tenant’s right to park by requiring a permit, and by extension a visitor’s right to park. 

5.4 The Claimant’s purported offer of a contract to the Defendant to grant access to ***** demised space, to which they have no easement, cannot constitute a valid offer. The Defendant has not accepted any such offer, and no contract has been formed.

5.5 On 22nd May 2024, the Claimant confirmed through ****’ management agents, ***** Management Ltd, that **** “demised bay is not subject to parking enforcement.” This assertion negates any claim of breach by the Defendant.

5.6 Photographic evidence confirms that the vehicle was parked in **** demised parking space.

5.7 The Defendant is the registered keeper of the vehicle but not the only person legally entitled to drive it. Under the Protection of Freedoms Act 2012, the Defendant is not obliged to disclose the driver’s identity at the time of the alleged breach.

Coupon-mad

Yes that's better but of course you also have to include the Chan images as I show in the link.

Hendolad

@ Coupon-mad
Is there a template for a counter claim on here?

Coupon-mad

No because counterclaims usually lose and are therefore not something we suggest.  It takes a rare case to justify a counterclaim and most people don't realise they can ask for their costs anyway (no counterclaim needed).

In this case there might be scope to counterclaim, if this is a demised/exclusive bay which was always opted out of the get-rich-quick scheme. But you can't just pluck a figure out of thin air and can't just use a template.

You also have to plead it based on a point of law: e.g. Data Protection Act 2018 because there was no reasonable cause to get the keeper's data.

Counterclaims that have succeeded are few and far between. Search the forum.

Hendolad

Thank you for your knowledge. You've been a great help. I'll get you a pint or two if I see you about

Coupon-mad

I'm a white wine & lemonade lady. Not pints!

Hendolad

Finally heard back from the Management agents, this is their reply:

Hendolad

My reply to the Managing Agents: