'Notice to Keeper' out of time

Dan222

.....with sincere apologies to those most recent helpful comments, another urgent life matter has not allowed dedicated attention here at Forum as hitherto was wished - apologies again for any responses which appear late.

In short, yes please, I'd certainly appreciate help. Thank you.

Coupon-mad

Dan222 said:

DEFENCE (to 'No Permit Displayed')

1.    This Claim is without Cause of Action & the Defendant does respectfully request that said Claim be struck off from the Court records.

2.    The Defendant is not liable to pay any charges to the Claimant as the Defendant had at all times a valid Resident’s Parking Permit displayed within his vehicle, stuck to the upper right hand windscreen, as per all previous permits similarly. (Encl’s 2 & 3). Said valid Permit was renewed at an annual cost of £100,confirmed paid to xxxxxx  xxxxxx  xxxxx, by cheque from the Defendant, xx xxx 2022. Ref  xxxxx Expiry xx/xx/2023  As such, between 23rd September 2022 & 26th September 2022, no Contractual breach by the Defendant occurred, as is alleged by the Claimant.

3    The Defendant has at no time parked his vehicle in any ‘No Parking’ area at this site, his home area. In fact, the Defendant has regularly parked his car in exactly the same location (as is defined on Resident’s Permit)- adjacent to his garage – consistently so throughout the past 6 years.

4    The Claimant is unreasonable 

5.    The Claimant issued multiple ‘Letter to Keeper’ notices & payment demands, as well as pursuing unnecessary multiple Court Claims from the Defendant, in spite of the Defendant’s responses & proofs. 

6.    The Defendant wrote to the Claimant (& Debt Collections’ Agents) more than 15 times enclosing copy of the relevant valid Resident’s Parking Permit. The Claimant simply ignored the Defendant’s correspondence.

7.    Throughout all demands for payments, within prior correspondence from all of the Claimant’s Debt Collections’ companies with which the Defendant has found it necessary to communicate in this matter for in excess of one year, to date, the Claimant/Claimant’s Agents - xxxx have referred to 2 alien/incorrectly-referenced PCN’s : xxxxxxx & xxxxxxx -(Claimant basis within Particulars of Claim .(Encl. #4 Schedule)  Accordingly, the Defendant has repeatedly confirmed to the Claimant that, for given dates of alleged contravention, the Defendant has no known knowledge or receipt of PCN, else ‘Letter to Keeper’ bearing such given references as: xxxxxxx & xxxxxxx. All such correspondence from the Defendant has been ignored by the Claimant.. (Encl. #5)

8.    (Temp. withheld)

>>>   End of Defence    <<<

I hope you haven't already put that in?

Dan222

Thanks, Coupon-Mad, I arrived late to this Forum, by which time I'd paid a local solicitor to assist file an urgent AoS & Defence as CNBC originals were not received (during health-related absence from home). I also filed a Counter-claim, just as I was so advised. (I haven't yet posted the Counter-claim or the Response to it on this Forum
Please give me your further considered comments as to how I may best proceed.
 I fully appreciate it is not in accordance with the excellent templates here. 

Dan222

Thanks, Coupon-Mad, I arrived late to this Forum, by which time I'd paid a local solicitor to assist file an urgent AoS & Defence as CNBC originals were not received (during health-related absence from home). I also filed a Counter-claim, just as I was so advised. (I haven't yet posted the Counter-claim or the Response to it on this Forum
Please give me your further considered comments as to how I may best proceed.
 I fully appreciate it is not in accordance with the excellent templates here. 

Coupon-mad

Show us the counterclaim too.

You can improve your position at WS stage and that defence isn't terrible. Just pretty basic.

Dan222

Examination of the relevant Residential Leasehold documentation confirms no references whatsoever to 'parking' within. The closest (in an aged document) states, within Schedule of leaseholder's Rights : "Full right & liberty for the lessee, & all persons authorised by them, (in common with other persons entitled to the like right) at all times, by day or by night, to go pass & re-pass over & along the private roads, yard & pathways leading to main entrance to the buildings..."  Within given contraventions, (2 NtK's - more are following) I was parked adjacent to my garage, as once we were so instructed. (Permit on windscreen in vehicle, of months; vehicle owned over 3 years) I expect that the Lease Schedule affords a similar 'full right & liberty' to drive to/from & access my garage on this residential site.

NB There is no 'yard' & there is no (dedicated) car park on this residential site - only 'first-come' parking on the road. Around 10 years ago, under a different management organization, parking bays were crudely painted throughout one side of the sole road in & out of this site ( a cul-de-sac). Accordingly, one lane in, & the same lane out. Typically, the arrival of an attending ambulance & the whole site traffic movement ceases. These crudely-painted 'bays' remain, to date.
At commencement of this private parking system, I do not recall any prior communication from the existing Leasehold Landlord pertaining to proposed variations of the lease documentation (Landlord & Tenant Act 1987). However, this is a tendency,& history, here to implement new systems without any prior consultation or mutual consent.
Of around 50 households sharing this residential site, it would appear that this is the only case, thus far, of any resident falling foul of an as-yet undefined 'contractual' issue of 'home' parking. It is possible that there exists a reason for this.

Coupon-mad

Of around 50 households sharing this residential site, it would appear that this is the only case, thus far, of any resident falling foul of an as-yet undefined 'contractual' issue of 'home' parking.

I'd put money on that not being the case.

Dan222

Updated : Came to Court Hearing, with attendance, & case against me was dismissed.   Result ?    Perhaps not.
I have awaited copy of this judgement since Final Hearing date - Nothing received. (Advised of backlog due to excessive workload & insufficient resources at Courthouse.) However, in the remaining absence of said Court judgement, I am now further advised that case has since been referred back before (another ?) judge for an unknown reason & I am now to await some new judgement, not to my favour.
Of course, I am terribly confused by this. Am I entitled to pursue the original judgement ?  Otherwise, it may look like it never happened (at the only Court Hearing that I have attended)
And how do I proceed insofar as any possible Appeal of whatever new judgement exists, please ?

Grizebeck

Please post up what you received.

Dan222

Referred back to Court......???
(i) Nothing received from Court, to date, inasmuch as no Official posted letters of e.g. Orders etc, to date (3 weeks)

(ii) But, e'mail received from a HMCTS Tribunals Clerk, Courthouse, yesterday apologizing for delay (in response to my requests for copy of Judgement) & advising the following : (verbatim):
"The case was listed for a final Hearing on xx July but has since been referred back to a Judge for a reason the system does not identify.......I am hopeful the Order and result of any referral will be sent out to the parties within the next 4 weeks but there is no guarantee of that"

I have agreed to communicate again by end of month if nothing received.