Residential PCN now a CCJ claim UKPC/DCB

justiceseeker180

After recieving a PCN over a year ago it is now at the stage of a CCJ claim (N1)

Rather than go into all the individual details at the moment I just have a few questions regarding helping to win the CCJ.

so far as per the newbies guide I have submitted a AOS via MCOL and am now preparing a defence.

The property was a leasehold flat with residents parking (not allowcated)

I am no longer the owner/ occupier of that flat as I have moved since. Would this have an impact in fighting my case?

Prehaps there is an an obvious answer to this but would I be best following the residential defence format by johnersh outlined in the newbies guide?

As I understand it I do not need to supply any evidence at this stage. Just a defence statment?

I believe these practices of targeting residents need to stop and I am astounded it has gone this far. Which has led me here. Initially I thought common sense, fair justice and the sole fact of being a resident would prevail to diminish the PCN swiftly, only to be more and more disheartened after each stage of appeal and grow to have a feeling of abhorrence towards these people.

The sole purpose of the parking being regulated is to protect residents but intstead it is being abused relying on FEAR a fear that at times has almost made me give in and except my fate however I have kept pushing back and will continue to do so.

Ultimately I would seek there to be a change in regulation to stop this happening to others and have proof of residency quash the PCN immeditately without question.  

KeithP

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

You don't have a CCJ.  You have a claim.

What's the date of issue of the N1 claim form?

Prehaps there is an an obvious answer to this but would I be best following the residential defence format by johnersh outlined in the newbies guide?

Nope.  Use the recent UKPC defence by @Johny86 and make paragraph 3 something about the fact you are a tenant and use a few of Johnersh's words about primacy of contract.

justiceseeker180

KeithP said:

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi.

The issue date is 23.3.23

Acorrding to MCOL the AOL was submitted and recived on 5.4.23

KeithP

justiceseeker180 said:

KeithP said:

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Hi.

The issue date is 23.3.23

Acorrding to MCOL the AOL was submitted and recived on 5.4.23

With a Claim Issue Date of 23rd March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 25th April 2023 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

justiceseeker180

Coupon-mad said:

You don't have a CCJ.  You have a claim.

What's the date of issue of the N1 claim form?

Prehaps there is an an obvious answer to this but would I be best following the residential defence format by johnersh outlined in the newbies guide?

Nope.  Use the recent UKPC defence by @Johny86 and make paragraph 3 something about the fact you are a tenant and use a few of Johnersh's words about primacy of contract.

Hi. Yes I realise at the moment its a claim. Im struggling to find the defence made by @johny86 I am new to this site. After reading several posts I can see you also disagree with residental parking charges. Is there anything can be done collectively to change this?

justiceseeker180

Coupon-mad said:

You don't have a CCJ.  You have a claim.

What's the date of issue of the N1 claim form?

Prehaps there is an an obvious answer to this but would I be best following the residential defence format by johnersh outlined in the newbies guide?

Nope.  Use the recent UKPC defence by @Johny86 and make paragraph 3 something about the fact you are a tenant and use a few of Johnersh's words about primacy of contract.

Please be aware I am no longer a tennant/ owner/ leaseholder as I moved

Coupon-mad

Click on his username, it's a posting profile link.

Not_A_Hope

Please be aware I am no longer a tennant/ owner/ leaseholder as I moved

But you were at the time of the alleged breach. Have you got a copy of your former tenancy / lease to see what it stated about parking / permits (or not)

justiceseeker180

Not_A_Hope said:

Please be aware I am no longer a tennant/ owner/ leaseholder as I moved

But you were at the time of the alleged breach. Have you got a copy of your former tenancy / lease to see what it stated about parking / permits (or not)

Yes I have a copy of the lease. Nothing in it directly relating to permits just the right to park there one motor vehicle, comply and observe any reasonable regulations etc etc

justiceseeker180

@Coupon-mad

something along theses lines? In your opinon do I need to bother going into the specifics and detail of why my permit was not displyed?

The facts as known to the Defendant: 

2. It is admitted that on the material date the Defendant was the registered keeper of the vehicle in question, but liability is denied. (Im not the registered keeper)?

3. It is denied that the Defendant or lawful users of his/her vehicle were in breach of any parking conditions or were not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the above mentioned vehicle to be parked by the current occupier and leaseholder of  (my old address where the charge was issued) whose tenancy agreement permits the parking of vehicle(s) on land. The Defendant avers that there was an absolute entitlement to park deriving from the terms of the lease, which cannot be fettered by any alleged parking terms. The lease terms provide the right to park a vehicle in the relevant bay, without limitation as to ownership of vehicle, the user of the vehicle or the requirement to display a parking permit. A copy of the lease will be provided to the Court, together with witness evidence that prior permission to park had been given.

4. The Defendant avers that the operator’s signs cannot (i) override the existing rights enjoyed by residents and their visitors and (ii) that parking easements cannot retrospectively and unilaterally be restricted where provided for within the lease. 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.

4. Accordingly it is denied that:
4.1. there was any agreement as between the Defendant or driver of the vehicle and the Claimant
4.2. there was any obligation (at all) to display a permit; and
4.3. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

4. The Defendant avers that the Claimant failed to serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012. Consequently, the claimant cannot transfer liability for this charge to the Defendant as keeper of the vehicle. 

5. The Particulars of Claim ('POC') appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action”. 

etc....