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Court Case for unloading bulky furniture outside own (rented) residence

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  • Thank you once again everyone. Having taken all the feedback into account, would you please mind reviewing my new draft of my husband’s defence, I would be very grateful for any comments, esp if I need to shorten it even more?:

     

    The Defendant stationed his vehicle on the road outside of the entrance to the block of flats of his residence (address XYZ) to unload over twenty large and heavy furniture pieces. The Defendant’s Landlord – at the time of the “alleged offence” – did not provide any unloading bays for residents within the housing estate. The Defendant will rely upon the persuasive appeal case heard by HHJ Charles Harris QC at Oxford: Jopson v Homeguard Services Ltd [2016] - claim number B9GF0A9E. The Defendant argues that it is his right as a resident under the Consumer Rights Act 2015 to station his vehicle to the close proximity to his residence for the sake of legal unloading of extremely large, bulky and heavy objects – furniture pieces in this case - which does not constitute of “illegal parking”. There is absolutely no mention about, or especially prohibition of, unloading outside the Defendant’s residence in the Defendant's Tenancy Agreement. Furthermore, the Defendant argues that the photographic “evidence” of his alleged offence of “illegal parking” spanning thirteen seconds does not constitute of eligible evidence of illegal parking that the Claimant alleges. In the Defendant’s view, the Claimant’s case is without merit.


  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 June 2023 at 4:37PM
    Very good!  I'd add here (removing 'offence'):

     The Defendant’s Landlord – at the time of the alleged parking event – did not provide any unloading bays for residents within the housing estate, so it is normal practice when moving furniture or other bulky items in/out of the flats, that residents routinely stop courteously snd briefly in an unmarked area close to the building, without causing any obstruction.  That was the case on this occasion. 

    I'd also split the paragraph into TWO OR THREE numbered paras, as that's far too long!  All paragraphs then need renumbering.
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  • Sorry one more question: Am I right in thinking (hoping!) that the photographic evidence against my husband to "prove illegal parking" spanning mare 13 seconds can't stand in court? Isn't it utterly ridiculous that this could be enough???!!


  • I'd also split the paragraph into TWO OR THREE numbered paras, as that's far too long!  All paragraphs then need renumbering.
    Thank you so much! Getting a "very good!" comment from you seems like a little victory already  :smiley:

    I changed it to your recommended wording, thank you SO MUCH for that correction!

    Not sure if numbering goes as 3.1 - 3.3 or 3(a) to 3(c) please? The letters seem to be used later in the defence template? Is it ok to submit this splitting up? 



    3.1 The Defendant stationed his vehicle on the road outside of the entrance to the block of flats of his residence (address XYZ) to unload over twenty large furniture pieces. The Defendant’s Landlord – at the time of the alleged parking event – did not provide any unloading bays for residents within the housing estate, so it is normal practice when moving furniture or other bulky items in/out of the flats, that residents routinely stop courteously and briefly in an unmarked area close to the building, without causing any obstruction. That was the case on this occasion. 

     

    3.2 The Defendant will rely upon the persuasive appeal case heard by HHJ Charles Harris QC at Oxford: Jopson v Homeguard Services Ltd [2016] - claim number B9GF0A9E. The Defendant argues that it is his right as a resident under the Consumer Rights Act 2015 to station his vehicle to the close proximity to his residence for the sake of legal unloading of extremely large, bulky and heavy objects – furniture pieces in this case - which does not constitute of “illegal parking”.

     

    3.3 There is absolutely no mention about, or especially prohibition of, unloading outside the Defendant’s residence in his Tenancy Agreement. Furthermore, the Defendant argues that the photographic “evidence” of his alleged offence of “illegal parking” spanning thirteen seconds does not constitute of eligible evidence of illegal parking that the Claimant alleges. In the Defendant’s view, the Claimant’s case is without merit.

  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Just use sequential integers.
  • Le_Kirk said:
    B789 said:
    Just use sequential integers.
    ....... or simple numbering but I like your style @B789
    Thanks both! 

    To make sure I get it right: Those three points of mine will become parts 3-5 of my defence, and I need to change all the current numbers 4-27 and add +2 to each number, is that correct? 
    (I admit I did have to google "sequential integers"  :#:D )
  • Le_Kirk
    Le_Kirk Posts: 24,695 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Correct         
  • Just one more question (I know I said that before, sorry!):

    Do I send the defence at the last possible day (or the day before in case of technical issues) or even tomorrow if this is my final version? Is submitting it at the last minute better so that it gains me more time before the next step hits.... We are away all of July and I would LOVE to catch a break from all this while we are on holiday. Also we won't be able to collect post all of July so don't want to miss any important letters. How quickly do they act before the next steps, does anybody know please? 

    Thank you!
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 June 2023 at 6:16PM
    Just one more question (I know I said that before, sorry!):

    Do I send the defence at the last possible day (or the day before in case of technical issues) or even tomorrow if this is my final version? Is submitting it at the last minute better so that it gains me more time before the next step hits.... We are away all of July and I would LOVE to catch a break from all this while we are on holiday. Also we won't be able to collect post all of July so don't want to miss any important letters. How quickly do they act before the next steps, does anybody know please? 

    Thank you!
    Then I would leave the filing of your Defence as late as possible. Maybe file it during the day on 12th June.
    That way you will be back before anything more needs to be done.
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