UKPC County Court Claim (again)

B789

mrnomoneybags said:

Hi All, only managed to find the time to look at this today.

I know its meant to be short and punchy but I am honestly struggling what to put.

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle.

3. The defendant was parked in front of their own garage where no signs are present, the only other sign in the near vicinity is illegible in daylight let alone at night. The claimant has no authority to interfere with my the Defendants right to park or my right to quiet enjoyment.

The above correction would be a bit better. You are on the right path. Have a search for other threads where parking on own property and supremacy of contract are discussed. You will see quite a few defences for very similar cases and see what they have put for #3.

KeithP

mrnomoneybags said:

Hi All, only managed to find the time to look at this today.

I hope you managed to find time before 11th April to file an Acknowledgment of Service.

Did you do that?

mrnomoneybags

KeithP said:

mrnomoneybags said:

Hi All, only managed to find the time to look at this today.

I hope you managed to find time before 11th April to file an Acknowledgment of Service.

Did you do that?

I did Indeed thanks Keith!

Coupon-mad

You will be using the defence by @Johny86 (you've found that thread?) with its extra paragraphs, but not his para 4 because it's not relevant to an admitted driver.

So, replace his para 4 with detail about whether you are a tenant or owner/leaseholder and a bit about what your lease says (the sort of wording taken from the residential defence linked in the Newbies thread...).

mrnomoneybags

This one?

https://forums.moneysavingexpert.com/discussion/comment/79886196/#Comment_79886196

As you can see from the links above my lease doesn't say much about parking, when I first moved in I was verbally told I can park in front of my garage and then after I got a ticket I was told I can not park there.

Nothing has been confirmed in writing from my landlord (a housing association) and I have signed no updated agreement.

Le_Kirk

What your lease doesn't say is as important as what it does say.  If it does not specifically prohibit you from parking in a particular place, such as, in front of YOUR garage, one would have to assume it is permitted to park there.  If it doesn't specifically give the PPC the right, through a contract, to operate their own business on your property and issue tickets in their own name then they CANNOT!

mrnomoneybags

This is what I have with my defence ready to submit.

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle.

3. The defendant was parked in front of their own garage where no signs are present, the only other sign in the near vicinity is illegible in daylight let alone at night. The claimant has no authority to interfere with the defendant’s right to park or the defendants right to quiet enjoyment.

4.1 The defendant avers that the operator’s signs cannot override the existing rights enjoyed by residents and their visitors and that parking easements cannot retrospectively and unilaterally be restricted, the Defendants lease does not state that parking in front of their garage is prohibited. The defendant avers that parking in front of their garage causes no restrictions or access issues to other residents, nor does it interfere with other residents right to enjoyment.

4.2 The defendant accordingly denied that there was any agreement as between the Defendant and the Claimant and that the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

Unless this is ridiculous I will submit this tomorrow

Again thanks everybody for your input, I really hope this will go away and they'll leave me to parking where I cause no issues!

Fruitcake

It's not just about no mention of being prohibited to park in front of your garage. You need to say that there is not contract between you and the PPC because your lease makes no mention of parking restrictions, nor an unregulated private parking company, nor receiving parking charge notices, nor paying these notices, nor court claims. The claimant has no right to operate on your demised space/common areas (delete as applicable.as applicable)
In addition, you must be able to stop in front of your garage in order to be able to open and close the door. Any restrictions on doing this is an unreasonable contract term and breaches the Consumer Rights Act 2015 Section 69.

You should also state that your lease AST has primacy of contract over anything an unregulated third party has to say that is a stranger to your lease.

mrnomoneybags

Thanks working on adding this in now!

mrnomoneybags

Done and sent, again thanks everybody.