Residential PCN vs VCS

ijapa1

Coupon-mad said:

Please delete (or mostly edit away) the post with the full Template Defence. Thanks.

It makes your thread too long and puts everyone off reading it.

We don't even need to check non-ParkingEye DCB Legal claim defences any more ... but that para 3 looks fine.

This doesn't go with the defence (and there's no 's' in defence so please change your spell-check setting to UK English):

 For my defense, my cousin provided a copy of the tenancy agreement and there is no mention of Parking permit or third-party company issuing tickets.

Apologies, I have tried editing the long post, but it appears I don't have the entitlements yet given I am a new member. I made a reference to this statement as I plan on introducing the Lease agreement should the case get to trial where I have to provide a witness statement. My cousin is willing to provide a statement confirming he gave me permission to park at his allocated space.

ijapa1

KeithP said:

ijapa1 said:

Hi @KeithP

KeithP said:

What is the Issue Date on your Claim Form?

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

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Issue Date - 05/11/2024
Date of Acknowledgement of Service - 27/11/2024

What??

You were late filing an Acknowledgment of Service - by two days.

I suggest you urgently log in to MCOL and have a look at your Claim History.
You may already have a Default Judgment against you.

On the assumption that MCOL makes no mention of a Judgment and it has recorded your Acknowledgment of Service, then you have until 4pm on Monday 9th December to file a Defence. Just a few days away.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

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'.

I was out of the country and only got back to see the claim form on the same day I acknowledged it on MCOL. Fortunately, I have checked my MCOL and there is no default judgement in the claim history. The last transaction on it is their confirmation indicating they received my acknowledgement. 

Apologies, I don't have the entitlement to edit the long post showing my full defence template. Is it okay for me to proceed with the submission of the drafted defence using the guidance on the newbies post?

KeithP

ijapa1 said:

I have checked my MCOL and there is no default judgement in the claim history. The last transaction on it is their confirmation indicating they received my acknowledgement. 

Good. That means you have time to file a Defence, but as I said earlier - only a few days.

ijapa1 said:

Apologies, I don't have the entitlement to edit the long post showing my full defence template. Is it okay for me to proceed with the submission of the drafted defence using the guidance on the newbies post?

I did suggest one change to your Defence. I'll leave it to others to comment further.

Keep in mind that there is always less support on this forum over a weekend.

ijapa1

KeithP said:

ijapa1 said:

I have checked my MCOL and there is no default judgement in the claim history. The last transaction on it is their confirmation indicating they received my acknowledgement. 

Good. That means you have time to file a Defence, but as I said earlier - only a few days.

ijapa1 said:

Apologies, I don't have the entitlement to edit the long post showing my full defence template. Is it okay for me to proceed with the submission of the drafted defence using the guidance on the newbies post?

I did suggest one change to your Defence. I'll leave it to others to comment further.

Keep in mind that there is always less support on this forum over a weekend.

Thank you! As suggested, I have amended the beginning of the 4th paragraph to read 'It is denied that the Defendant is 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 Defendant’s vehicle, XXXXXX(plate number), to be parked by the current occupier and leaseholder (Name of my Cousin) of [XXXXXX - Address ], whose tenancy agreement permits the parking of visitor’s vehicle(s) on land.'

I absolutely understand response might be slow over the weekend and really appreciate all the support. 

Coupon-mad

You can edit now.  You'll get more views if your thread isn't swollen by the same old Template stuff we never need to see!

ijapa1

Coupon-mad said:

You can edit now.  You'll get more views if your thread isn't swollen by the same old Template stuff we never need to see!

Thank you @Coupon-mad! I have deleted repetitive posts and edited some to avoid repetition. Just before I proceed to submit my defence, below is the final draft after making adjustments based on both @KeithP and your suggestions.
____________________________________________________________________________________________

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The 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". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the driver.

Authority to Park and Primacy of Contract:

 3. It is denied that the Defendant is 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 Defendant’s vehicle, XXXXX(Vehicle Reg No), to be parked by the current occupier and leaseholder of [XXXXXXX - address], whose tenancy agreement permits the parking of visitor’s 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 visitor’s vehicle in the allocated car parking space, without limitation as to type of vehicle, 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 and statement from Defendant’s cousin – tenant who the Defendant was visiting, that prior permission to park had been given.

Coupon-mad

Was this a shared parking area?  Only for visitors?

Or your cousin's allocated & numbered bay?

Can the cousin get some pics of the lack of signage there? And one close up of a sign.  We can look at those pics which might help.

1505grandad

"This doesn't go with the defence (and there's no 's' in defence so please change your spell-check setting to UK English):"

Presumably this is why that, although the template defence for c & p states:-

".....(understood to have a bare licence as agents...."

Your Defence states:-

" ....(understood to have a bare license as agents) ...."  - etc.

ijapa1

Coupon-mad said:

Was this a shared parking area?  Only for visitors?

Or your cousin's allocated & numbered bay?

Can the cousin get some pics of the lack of signage there? And one close up of a sign.  We can look at those pics which might help.

The parking spot where I was ticketed is my cousin’s allocated space in his rental apartment. 

There’s a sign post there and picture below. This was just a one time mistake from me not to put the permit in the car. My proposed defence is to leverage the nonexistence of any third party enforcing parking in my cousin’s tenant agreement. In my previous comment, I have lifted a copy and paste of what the tenant agreement covers with regards to parking.

Coupon-mad

1505grandad said:

"This doesn't go with the defence (and there's no 's' in defence so please change your spell-check setting to UK English):"

Presumably this is why that, although the template defence for c & p states:-

".....(understood to have a bare licence as agents...."

Your Defence states:-

" ....(understood to have a bare license as agents) ...."  - etc.

I truly hate American spellings! Keep them in the US only. Gaah!