DEFENCE DRAFT INCLUDED NOW - HELP WITH DEFENCE - WHAT IN MY CASE TO INCLUDE

boffintosh

Hello all!  yes read newbies, know the steps to take etc, 

I have had my CC claim form and have now filed my AOS for it.  Fully aware of the steps to take coming up, currently drafting my defence but there are numerous points to my defence and i just want to summarise the situation and put at the end what i intend to put in my defence and if users could please tell me what to or what NOT to include in my defence, I would be very grateful.  


Ill try and keep it as simple as possible. 

Got a ticket for parking in a private residential square which i lived in. I WAS A LODGER NOT A HOMEOWNER!

each home had a garage with a space of land in front of as a drive way but there were no white line marked bays 

Was between 3am and 4am in the morning and dark when the ticket was issued

UKPC signs were high up on a lamp post, signs were unlit, the bright lamp is always on at night so the bright light makes it impossible to read it anyway.

unrelated sign on entrance saying "private parking, residents only"

My tenancy agreement shows proof i lived in the area, but the tenancy mentions nothing about parking at all, parking was basically verbal agreement between me and the landlord that i had authority to park there. 

the homeowners of the area have their own like private council which looks after certain things in that area.  one of the homeowners pushed for a private company to patrol the area for what i assume to deter non residents from parking there.

copy of the UKPC sign sent to me during POPLA states that permit must be on display and car must be parked within markings of bay

No permits were ever issued to the residents from UKPC, because not a single car every displayed one there.  

the POPLA evidence pack from UKPC showed white marked bays from a completely different area 



So when it comes to my defence, does the strength lie in the fact i was a resident living there and there was nothing in my tenancy about parking and did not ever agree to or see the contract made between the homeowners and UKPC 

OR

Does the strength in my defence lie in the fact the signs were not readable at night, (they could argue that i could see them in the day time), were too high mounted up the lamp post and upon view of a scan of the ukpc signs and reading the ticket saying the offence was "not parked within the markings of the bay" even though that area contained no marked bays?


Do both areas have strength or only one of them? 

Thank you and I hope this all made sense, once someone answers i can then finish my defence and leave out anything thats not going to be good for it.

x 

Fruitcake

Lease trumps everything an unregulated parking company has to say. As a lodger, your landlord who is presumably a tenant of the property is allowed to transfer/confer their rights to you. Since there is no mention of a PPC, permit scheme, PCNs, paying PCNs, or court claims in the lease, then your landlord's right to quiet enjoyment is transferred to you as her/his lodger.

For your own protection, you need something in writing to say you are a lawful lodger of the property and have the same rights as the tenant.
You should have this anyway irrespective of whether a PPC is hounding you or not.

UKPC signs are all inadequate and always breach the BPA's CoP. The £100 charge is always in tiny font compared with the rest of the wording, and the signs are incapable of forming a contract with the motorist as a result.

Umkomaas

I have had my CC claim form and have now filed my AOS for it.

What is the Date of Issue on the claim form, and on what date did you file the AOS?  Regular @KeithP can then provide you with some specific dates and initial steps for moving forward with the defence process. 

As this is UKPC, which of these two solicitors are representing them - DCB Legal or QDR?  If the former, have a read of this thread if you've not already done so:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

boffintosh

Umkomaas said:

I have had my CC claim form and have now filed my AOS for it.

What is the Date of Issue on the claim form, and on what date did you file the AOS?  Regular @KeithP can then provide you with some specific dates and initial steps for moving forward with the defence process. 

As this is UKPC, which of these two solicitors are representing them - DCB Legal or QDR?  If the former, have a read of this thread if you've not already done so:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Heya dont worry i am across all my dates etc, did the 5 day thing for the AOS 

main question here is for my defence which argument holds more strength. 

boffintosh

Fruitcake said:

Lease trumps everything an unregulated parking company has to say. As a lodger, your landlord who is presumably a tenant of the property is allowed to transfer/confer their rights to you. Since there is no mention of a PPC, permit scheme, PCNs, paying PCNs, or court claims in the lease, then your landlord's right to quiet enjoyment is transferred to you as her/his lodger.

For your own protection, you need something in writing to say you are a lawful lodger of the property and have the same rights as the tenant.
You should have this anyway irrespective of whether a PPC is hounding you or not.

UKPC signs are all inadequate and always breach the BPA's CoP. The £100 charge is always in tiny font compared with the rest of the wording, and the signs are incapable of forming a contract with the motorist as a result.

Hey thanks for replying, 

the landlord was the homeowner of the property, all the homeowners at some point before i moved there got together and one of the homeowners who was a grumpy soul wanted the PPC to oversee the area and the other homeowners basically said ok just to avoid a big argument over the matter. 

i got a copy of my tenancy agreement so thats fine, but yeah I've read it and it says nothing about parking on it, as like i said it was a verbal thing, I have no idea what the lease of the land says, and i only saw a redacted copy of the PPC's agreement with the grumpy homeowner in the area during the popla stage

boffintosh

in addition @Fruitcake - I have since moved away from the property, do not worry I have ensured all my address is up to date when it comes to the CC matters. 

Coupon-mad

If this is DCBLegal, just adapt the defence by @Johny86 like all other UKPC Defendants here have been doing for the past two months. As seen on every UKPC defence thread.

B789

boffintosh said:
the landlord was the homeowner of the property, all the homeowners at some point before i moved there got together and one of the homeowners who was a grumpy soul wanted the PPC to oversee the area and the other homeowners basically said ok just to avoid a big argument over the matter. 

i got a copy of my tenancy agreement so thats fine, but yeah I've read it and it says nothing about parking on it, as like i said it was a verbal thing, I have no idea what the lease of the land says, and i only saw a redacted copy of the PPC's agreement with the grumpy homeowner in the area during the popla stage

Did "all the homeowners" allow the variation to their leases based on the Landlord & Tenant Act 1987 section 37(5)(a) or (5)(b)?

https://www.legislation.gov.uk/ukpga/1987/31/part/IV/crossheading/applications-relating-to-flats

boffintosh

KeithP said:

You keep telling people not to worry.
What a relief. Thanks.

How many threads do we now have about this one parking incident?

only 2. The other one was an unrelated question regarding a letter of claim which was not covered by newbies.  

This is a simple question to the forum asking what holds the stronger argument in my defence.  So I know what to focus on as I write it.

boffintosh

Coupon-mad said:

If this is DCBLegal, just adapt the defence by @Johny86 like all other UKPC Defendants here have been doing for the past two months. As seen on every UKPC defence thread.

@Coupon-mad - this isn’t a question about how to adapt the defence. I know how to adapt my defence using the template the question was which is the stronger defence in my situation.

1 - living in the private area where the parking ticket was issued and nothing about parking being in my tenancy agreement

2 - signage being poor, no marked bays, no permits issued by PPC to residents on the land

or both are strong enough to put in my defence.

boffintosh

B789 said:

boffintosh said:
the landlord was the homeowner of the property, all the homeowners at some point before i moved there got together and one of the homeowners who was a grumpy soul wanted the PPC to oversee the area and the other homeowners basically said ok just to avoid a big argument over the matter. 

i got a copy of my tenancy agreement so thats fine, but yeah I've read it and it says nothing about parking on it, as like i said it was a verbal thing, I have no idea what the lease of the land says, and i only saw a redacted copy of the PPC's agreement with the grumpy homeowner in the area during the popla stage

Did "all the homeowners" allow the variation to their leases based on the Landlord & Tenant Act 1987 section 37(5)(a) or (5)(b)?

https://www.legislation.gov.uk/ukpga/1987/31/part/IV/crossheading/applications-relating-to-flats

I have no idea is the honest answer to this as I was just a legal lodger, had no say or any info about the other homeowners or any of the leases.