Claim received for unpaid Parking Charge Notice

KeithP

For the moment, forget all about a Witness Statement.

Over two weeks ago I wrote on your thread...

...you have until 4pm on Tuesday 11th April 2023 to file your Defence.

You now have just five days - four of which are holiday days -  to complete your Defence and file it.

That's plenty of time but you seem to be distracted by other stuff that can wait.

Afrochap

KeithP said:

For the moment, forget all about a Witness Statement.

Over two weeks ago I wrote on your thread...

...you have until 4pm on Tuesday 11th April 2023 to file your Defence.

You now have just five days - four of which are holiday days -  to complete your Defence and file it.

That's plenty of time but you seem to be distracted by other stuff that can wait.

Thanks Keith, 

I've actually been mostly recovering from a long hospital stay so things has been slow for me, unfortunately. 

I will sort out the defence immediately and file it today, Friday 07. 

My defender is basically that there's nothing on my Leasehold that forbids me from parking my car where I did. Furthermore, I have requested a SAR which I have yet to receive. 

I will get on MCOL and get ny Defence filed by 12pm today. 

Do I need to email a copy of my defence to UKCPM's solicitors? 

Thank you. 

Le_Kirk

Afrochap said:

KeithP said:

For the moment, forget all about a Witness Statement.
Over two weeks ago I wrote on your thread...

...you have until 4pm on Tuesday 11th April 2023 to file your Defence.

You now have just five days - four of which are holiday days -  to complete your Defence and file it.
That's plenty of time but you seem to be distracted by other stuff that can wait.

1) I will sort out the defence immediately and file it today, Friday 07. 
2) My defender is basically that there's nothing on my Leasehold that forbids me from parking my car where I did.
3) Furthermore, I have requested a SAR which I have yet to receive. 
4) I will get on MCOL and get ny Defence filed by 12pm today. 
5) Do I need to email a copy of my defence to UKCPM's solicitors? 

1) Don't file it today as it is a bank holiday, CCBC will be closed and we know (from bitter experience) that e-mails can go missing inside the CCBC servers during holidays or overnight.  Tuesday next week will be fine so long as it is after 09.00 and before 16.00
2) Good defence and provided it is backed up at witness statement (WS) & evidence stage with a copy of the lease, you should be fine.
3) Any company, including a PPC has 30 days to respond to  SAR and anyway it will be more useful at WS time.
4) Do NOT file your defence on MCOL - see the post that @KeithP wrote for you two weeks ago where he points you at the standard defence template via the NEWBIE and tells you not to use MCOL but to e-mail it to CCBC.
5) No, the CCBC will do that for you.
I know you say you are recovering from illness but it strikes me that you could do with reading the NEWBIE sticky second post again, where all your questions and more, will be answered.

Coupon-mad

Your defence will be about 30 paragraphs long but 26 of them are already written to help you draft it in under an hour.

Afrochap

Le_Kirk said:

Afrochap said:

KeithP said:

For the moment, forget all about a Witness Statement.
Over two weeks ago I wrote on your thread...

...you have until 4pm on Tuesday 11th April 2023 to file your Defence.

You now have just five days - four of which are holiday days -  to complete your Defence and file it.
That's plenty of time but you seem to be distracted by other stuff that can wait.

1) I will sort out the defence immediately and file it today, Friday 07. 
2) My defender is basically that there's nothing on my Leasehold that forbids me from parking my car where I did.
3) Furthermore, I have requested a SAR which I have yet to receive. 
4) I will get on MCOL and get ny Defence filed by 12pm today. 
5) Do I need to email a copy of my defence to UKCPM's solicitors? 

1) Don't file it today as it is a bank holiday, CCBC will be closed and we know (from bitter experience) that e-mails can go missing inside the CCBC servers during holidays or overnight.  Tuesday next week will be fine so long as it is after 09.00 and before 16.00
2) Good defence and provided it is backed up at witness statement (WS) & evidence stage with a copy of the lease, you should be fine.
3) Any company, including a PPC has 30 days to respond to  SAR and anyway it will be more useful at WS time.
4) Do NOT file your defence on MCOL - see the post that @KeithP wrote for you two weeks ago where he points you at the standard defence template via the NEWBIE and tells you not to use MCOL but to e-mail it to CCBC.
5) No, the CCBC will do that for you.
I know you say you are recovering from illness but it strikes me that you could do with reading the NEWBIE sticky second post again, where all your questions and more, will be answered.

Many thanks. 

Afrochap

Coupon-mad said:

Your defence will be about 30 paragraphs long but 26 of them are already written to help you draft it in under an hour.

Thank you 

Afrochap

Le_Kirk said:

Also, I've not heard back from either UKCPM or Gladstones after requesting the SAR and the 28 days for Court date is next week Tuesday. What actions do I need to take at this stage? Do I need to attend the Court? 

Not sure what you meant to convey here but I am confused.  PPCs - well anyone, has one calendar month to respond to a SAR.  If your court date is next week, you presumably have already submitted a witness statement for which you would have liked the data from your SAR.  If the PPC has passed the deadline, send them an e-mail telling them they are being reported to the ICO and then report them.  If you have a court hearing, you must attend.

@Le_Kirk @Coupon-mad @B789

Hello and thanks for all your help 

Can I please have a critique of my defence? 

Also on line 2 of paragraph 6 of the defence template its reads "to be confirmed as banned by the Government this year." My understanding is that the template was put together in 2020. Its now 2023, do I edit out the "this year" reference? 

3. The defendant was parked at the location as it is his home address.

           i.            The defendant is a Leaseholder and the Lease signed with the Freeholder affords the defendant the right to peaceful enjoyment of the premises.

Paragraph 5.1 of the Lease clearly states the following –

The Leaseholder paying the rents reserved by this Lease and performing and observing the covenant in this Lease may peaceably enjoy the Premises during the term without any lawful interruption by the Landlord or any person rightfully claiming under or in trust for it.

A copy of the Leasehold is attached.

         ii.            There is no mention in the Lease that the Leaseholder must display a permit to use the parking amenities on the property.

       iii.            The defendant possesses a parking permit issued by the claimant for the vehicle VRM AB123XXX which was left on the dashboard but must have slipped off whilst the car was parked.

Much thanks 

KeithP

Afrochap said:

Le_Kirk said:

Also, I've not heard back from either UKCPM or Gladstones after requesting the SAR and the 28 days for Court date is next week Tuesday. What actions do I need to take at this stage? Do I need to attend the Court? 

Not sure what you meant to convey here but I am confused.  PPCs - well anyone, has one calendar month to respond to a SAR.  If your court date is next week, you presumably have already submitted a witness statement for which you would have liked the data from your SAR.  If the PPC has passed the deadline, send them an e-mail telling them they are being reported to the ICO and then report them.  If you have a court hearing, you must attend.

Also on line 2 of paragraph 6 of the defence template its reads "to be confirmed as banned by the Government this year." My understanding is that the template was put together in 2020. Its now 2023, do I edit out the "this year" reference? 

That post on the Template Defence thread was edited just a few days ago.
The detail in that paragraph is current and does not need changing.

Afrochap

KeithP said:

Afrochap said:

Le_Kirk said:

Also, I've not heard back from either UKCPM or Gladstones after requesting the SAR and the 28 days for Court date is next week Tuesday. What actions do I need to take at this stage? Do I need to attend the Court? 

Not sure what you meant to convey here but I am confused.  PPCs - well anyone, has one calendar month to respond to a SAR.  If your court date is next week, you presumably have already submitted a witness statement for which you would have liked the data from your SAR.  If the PPC has passed the deadline, send them an e-mail telling them they are being reported to the ICO and then report them.  If you have a court hearing, you must attend.

Also on line 2 of paragraph 6 of the defence template its reads "to be confirmed as banned by the Government this year." My understanding is that the template was put together in 2020. Its now 2023, do I edit out the "this year" reference? 

That post on the Template Defence thread was edited just a few days ago.
The detail in that paragraph is current and does not need changing.

Thank you 

Coupon-mad

If this is your allocated bay then say so.

I'd change this:

  The defendant possesses a parking permit issued by the claimant for the vehicle VRM AB123XXX which was left on the dashboard but must have slipped off whilst the car was parked.

To this:

Whilst the Defendant possesses a permit for the vehicle VRM AB123XXX which is usually displayed as a courtesy to other residents, it is neither admitted nor denied that it was not visible on the material date when the Claimant took carefully angled photos over the space of two minutes. It is denied that there was a contractual obligation.to display a permit, whereby a resident with title in the land somehow (absurdly) 'agreed' charged potentially £100 per day by an unrelated third party, as if their own space was being run like a commercial car park.  It is denied that the Claimant was offering anything of value that the Defendant did not already enjoy as a benefit of the lease.

As you are a leaseholder I'd also add in the usual paragraph found in other residential defences when you search: the one about the Landlord & Tenant Act.

There is already at least one residential defence in the examples linked in the NEWBIES thread. One example is written by Johnersh, a solicitor. The linked examples are there to help and be plagiarised!