DCBL - Claim Form

peachtree2024

Completing my claim form template para #2 and #3 - grateful for answers to my questions below and feedback on draft.

I understand I need to submit this by 4pm Friday 12 April following applying for the extention.

Claim Form Details
Issue date 15 March 2024
AOS response online - 28 March 2024
POC - Reason:Parked Exceeding Maximum Stay Period
National Parking Control Group Limited / DCB Legal

Background
Parked in allocated bay at gated residential building for couple hours 
Tenancy agreement states parking space bay #XX is included
The signage board does not refer to residents (asking friend again to check for other signs)
Signage says (1) 30 mins max (2) Must park in marked bay (3) If unsure seek advice from NPC or refrain from parking

Came back with my friend, parked in their allocated spot - in hindsight they were supposed to register my number plate in the system with reception/mmgt so the ANPR does not trigger.
I did reply to the initial ticket via email explaining clerical error etc but (obviously) rejected it and so I ignored everything else received and now at this stage.

Question

1) I believe they only show snippet of my number plate (can't find the letter now as threw away initial ones) - given the reason in the POC -  does the claimant need to show the physical picture of my car parked in the parking bay, I was in sub-basement? I know I am already confirming keeper of vehicle and driver - but do they need to show that as part of the process or should I ignore this in my letter?

2) Would I need to attach full tenancy agreement / is a screen grab of the clause sufficient / or is stating it enough? Assume I need to send the official doc for the next stage and obtain this, but for this initial claim letter?

3) Referring to newbies thread secure fob access letter paragraph 4 https://forums.moneysavingexpert.com/discussion/comment/74708527#Comment_74708527

In my case the gate entrance is fob (but reception man it and let cars in during the day) - would this be a feasible point for expectation that all cars are authorised etc or weak defense?

Para #2 #3

The Defendant was visting a friend at "full residential address",

The outside car parking area contains allocated parking spaces demised to residents at ground level and lower ground / basement level in an open car park. 

Under the terms of the Defendant's friend's  lease, one reference is made about parking motor vehicles. The reference states that the overall lease arrangement is for the apartment and an allocated parking space number XX [Question 3 above I will include the below snippet here in full from tenenacy agreement]

including parking space numbered XX together with the fitures, fittings, furniture and effects therein......includes common, any shared rights of paths .......and drives

The road that leads into the building "Address" is by means of a key fob entry, of a type only issued to residents. Any vehicles parked therein are, therefore, de facto authorised to be there. (does it matter that reception open gates during manned hours)?

There are no terms within the lease requiring lessees to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same.

The Defendant, at all material times, parked in accordance with the terms granted by the lease. The erection of the Claimant's signage, and the purported contractual terms conveyed therein, are incapable of binding the Defendant in any way, and their existence does not constitute a legally valid variation of the terms of the lease. Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct.

 It is denied that the Defendant was 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 "Friend" permitting them as current occupier and leaseholder of "address", whose leaseholder 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 parking area, without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle. A copy of the leasehold agreement will be provided to the Court, together with witness evidence that prior permission to park had been given. [Does this still read ok with leaseholder and "friend"]

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.

End of para "#2 and #3"

Many thanks for your input!

peachtree2024

Just to make clear - I am not the tenant, I am the visitor -  forgot to write that at the start of post #1

nopcns

peachtree2024 said:

Completing my claim form template para #2 and #3 - grateful for answers to my questions below and feedback on draft.

I understand I need to submit this by 4pm Friday 12 April following applying for the extention.

Claim Form Details
Issue date 15 March 2024
AOS response online - 28 March 2024
POC - Reason:Parked Exceeding Maximum Stay Period
National Parking Control Group Limited / DCB Legal

You are not "Completing" your claim form. You are submitting your defence.

With an "Issue date" of 15th March and having submitted your AoS before 3rd April, you have until 4pm on Wednesday 17th April to submit your defence.

nopcns

Without having seen the PoC,is there any mention of which specific term(s) were allegedly breached? If not, then you must also include the CEL v Chan preliminary matter from para #2 onwards.

Each and every paragraph should be numbered sequentially. So, if your "para #3" is more than a single para, then all subsequent paras must be renumbered accordingly.

The full defence (if including CEL v Chan) would be DEFENCE para #1. "Preliminary Matter" then paras #2 and #3 (CEL v Chan plus embedded images). "The Facts As Known To The Defendant" the para #4 and then your paras #5 (and any added paras numbered accordingly).

Obviously, if CEL v Chan is not relevant, then it would be DEFENCE para #1. "The Facts As Known To The Defendant" the para #2 and then your paras #3 (and any added paras numbered accordingly).

peachtree2024

nopcns said:

Without having seen the PoC,is there any mention of which specific term(s) were allegedly breached? If not, then you must also include the CEL v Chan preliminary matter from para #2 onwards.

Each and every paragraph should be numbered sequentially. So, if your "para #3" is more than a single para, then all subsequent paras must be renumbered accordingly.

The full defence (if including CEL v Chan) would be DEFENCE para #1. "Preliminary Matter" then paras #2 and #3 (CEL v Chan plus embedded images). "The Facts As Known To The Defendant" the para #4 and then your paras #5 (and any added paras numbered accordingly).

Obviously, if CEL v Chan is not relevant, then it would be DEFENCE para #1. "The Facts As Known To The Defendant" the para #2 and then your paras #3 (and any added paras numbered accordingly).

Thanks so much - the poc says "parked excedding maximum stay period" so I have not included the CEL mentioned above.

Couple of questions

1) I can't prove I parked in my friend's bay, but they can't prove I did not, its just ANPR, no pics of car. Do I need to state this or am I given the benefit of the doubt here and that is obvious?

2) In para 9 what is considered witness evidence, does my friend just write a statement now, sign it and say they gave me permission as tenant on date XXX.

3) Just to confirm my understanding of the 12 steps in the main forum post....
I am not required to send evidence (tenancy agreement / pics of signs / witness statement) at this stage and all that is sent at witness pack stage of the 12 steps? 

Or do I send that along with this email ?

Thank you - Grateful for any feedback.

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 registered keeper and driver.

3. The Defendant was visiting a friend (the ‘Tenant’) at ADDRESS. The outside car parking area contains allocated parking spaces demised to residents at ground level and lower ground / basement level. The Defendant was parked in 19 whilst visiting the Tenant, which is the allocated bay under Clause XXX of the Tenant’s tenancy agreement set out below:

Screenshot of tenancy agreement

 

4. It is the Defendant’s understanding (after the fact) that number plates should be registered with the building’s Porter who in turn, will ‘whitelist’ the number plate with the ANPR software technology.

 

5. The reason within the POC para 3 states “Parked Exceeding Maximum Stay Period” and the signage affixed to the entrance gate states the maximum stay is 30 minutes. Nonetheless, the signage in and around the residential car park does not provide any instructions for residents or their visiting guests to whitelist their number plate.
 

6. The road that leads into the residential block of flats is protected by a gate, and is by means of a key fob entry, of a type only issued to residents. Any vehicles parked therein are, therefore, de facto authorised to be there.

7. There are no clauses within the Tenancy agreement which state the allocated parking spot can only be enjoyed by the Tenant for their intended use or their visiting guest’s vehicle, the Defendant’s vehicle, for a maximum of 30 minutes on a given day, on a car by car basis.

 

 

8. The Defendant, at all material times, parked in accordance with the terms granted by the Tenant’s rental agreement. The erection of the Claimant's signage, and the purported contractual terms conveyed therein, are incapable of binding the Defendant in any way, and their existence does not constitute a legally valid variation of the terms of the lease. Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct.

 

9. It is denied that the Defendant was 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 "Tenant" permitting them as current occupier and leaseholder of "address", whose rental 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 rental agreement, which cannot be fettered by any alleged parking terms. The rental agreement terms provide the right to park a vehicle in the relevant parking area, without limitation as to type of vehicle, ownership of vehicle, the user of the vehicle. A copy of the leasehold agreement will be provided to the Court, together with witness evidence that prior permission to park had been given. 

 

10. 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.

Coupon-mad

Yes that looks fine and no evidence goes yet. We can discuss witness evidence later.

peachtree2024

Hi by way of update I received my court date for 28 February 2025. It will be thrown out if no fee paid by end of January. Evidence due 2 weeks before trial.

To recap, ticket for parking whilst visiting a friend in a gated residential block and parking in their allocated parking bay. Visitors car should be whitelisted so the ANPR doesn't send ticket but there are no signs stating this / nor in tenancy agreement in the conditions of the parking bay.

Couple of points:

1) I noticed the updated newbies guide refers to compulsory mediation, I don't think this was there when I first started my thread in April 2024 - do I need to do anything or is this redundant now given court date is in?

2) I assume I wait until after end of Jan to submit my evidence, to see if DCB pull out and don't pay the court trial fee? Does the court notify the defendant pretty fast about this (given how slow the overall process takes?) or should I just send my evidence regardless beween 11-12 February to ensure I meet the deadlines.

3) Evidence, per the megathread I have pictures of the inadeQuete signage and the tenancy agreement. Do I need a signed statement from my friend (assume 1-2 lines simple document?) stating they gave me permission to park there or is that implied by the fact I have the tenancy agreement?

Still working on my statement so will share after end of Jan so to not waste your time incase it gets thrown out.

Thanks
 

Gr1pr

1) your case predated compulsory mediation,  so irrelevant 

Your court order tells you when the deadline for your bundle is, please read it again,  carefully 

The court wont be contacting you about it,  they already have in the court order

Your bundle should contain your own witness statement,  plus any others,  plus your exhibits too

peachtree2024

Thanks just got email saying they are discontinung court proceeds ! 
Assume can't claim any trivial costs as it didn't go to court right?
Thanks for everyone's help again

Coupon-mad

Yay, well done!

ANOTHER ONE BITES THE DUST!

IMPORTANT: as it's National Parking Control Group Limited / DCB Legal, please show us the NoD here, or your success can't be counted in the DCB Legal 'disco' thread by @Umkomaas

I'm sure you want to stand up and be counted!

peachtree2024

sure assume this should be posted redacted as well right?