DEFENCE CLAIM

Chubchub77

Hi lovely people, please I need help with this letter which i have uploaded here. I just received as I do not clue of how to go about this defence claim because I am new here. Kindly please help with the expertise of the forum to deal with this . 

Any help and support will be highly appreciated. 

Many thanks all.

Coupon-mad

What were the circumstances? Tried to pay but couldn't? Didn't know about a keypad to claim authorisation? What sort of car park?

This is BW Legal, am I right?

Chubchub77

Hi, many thanks for your quick response. It is a private parking in underground of my flat. I forgot to display a valid permit and my blue badge back in 2023 as I removed both from the dashboard when I went to wash the car, only to get this letter in the post. I couldn’t remember if they have sent letters in the past as I’m suffering with brain fog. And yes it is BW legal. Many thanks

Chubchub77

Coupon-mad said:

What were the circumstances? Tried to pay but couldn't? Didn't know about a keypad to claim authorisation? What sort if car park?

This is BW Legal, am I right?

Hi, many thanks for your quick response. It is a private parking in underground of my flat. I forgot to display a valid permit and my blue badge back in 2023 as I removed both from the dashboard when I went to wash the car, only to get this letter in the post. I couldn’t remember if they have sent letters in the past as I’m suffering with brain fog. And yes it is BW legal. Many thanks

Gr1pr

So its a residential case, UKCPM via B W Legal,  issue date 30th May 2025 

If you have not done it already,  login to MCOL via the government gateway and complete the AOS online on MCOL,  as explained in post 2 in the newbies sticky thread in announcements near the top of the forum by coupon mad 

Then logout again,  do not touch anything else on MCOL 

No paperwork is involved too, so put the paperwork in a handy drawer 

Getout your lease or agreement and check what your parking restrictions are, if any 

You may have primacy of contract,  due to living there 

Chubchub77

Gr1pr said:

So its a residential case, UKCPM via B W Legal,  issue date 30th May 2025 

If you have not done it already,  login to MCOL via the government gateway and complete the AOS online on MCOL,  as explained in post 2 in the newbies sticky thread in announcements near the top of the forum by coupon mad 

Then logout again,  do not touch anything else on MCOL 

No paperwork is involved too, so put the paperwork in a handy drawer 

Getout your lease or agreement and check what your parking restrictions are, if any 

You may have primacy of contract,  due to living there 

Gr1pr said:

So its a residential case, UKCPM via B W Legal,  issue date 30th May 2025 

If you have not done it already,  login to MCOL via the government gateway and complete the AOS online on MCOL,  as explained in post 2 in the newbies sticky thread in announcements near the top of the forum by coupon mad 

Then logout again,  do not touch anything else on MCOL 

No paperwork is involved too, so put the paperwork in a handy drawer 

Getout your lease or agreement and check what your parking restrictions are, if any 

You may have primacy of contract,  due to living there 

Gr1pr said:

So its a residential case, UKCPM via B W Legal,  issue date 30th May 2025 

If you have not done it already,  login to MCOL via the government gateway and complete the AOS online on MCOL,  as explained in post 2 in the newbies sticky thread in announcements near the top of the forum by coupon mad 

Then logout again,  do not touch anything else on MCOL 

No paperwork is involved too, so put the paperwork in a handy drawer 

Getout your lease or agreement and check what your parking restrictions are, if any 

You may have primacy of contract,  due to living there 

Hi, yes it’s residential but strictly no free parking so my lease conditions will not help but I have been renting parking space from the leaseholders for years but the UKCPM are no more managing the car park as they lost the contract since last year and it is a new parking company since 2024.

Coupon-mad

Put this in as your paragraph 3 within the Template Defence:

3. The Defendant has been renting an exclusive parking space from the leaseholders for several years, continuing the habitual practice enjoyed by residents for years before that. The Defendant has primacy of contract and only displays a 'permit' and their Blue Badge as a courtesy. UKCPM were neither a party to the Defendant's lease, nor to the agreement with the landlord which made the Defendant the lawful occupier/user of the space. The Claimant's 'ticketer' lurked and pounced to take covert photos whilst the 'permit' and Blue Badge were temporarily taken off the dashboard in order to clean the car. No PCN was affixed to the windscreen.

3.1.  The Claimants, notorious ex-wheelclampers UKCPM were inflicted on residents without consultation and caused so many complaints and interference with residential rights that they were removed from managing the car park. The Claimants lost the contract over a year ago and are now monetising it with revenge claims for old PCNs. The Defendant will rely on authorities including the Duchess of Bedford House landmark case which was ratified by the Supreme Court (they refused an appeal application). The Court of Appeal confirmed the fundamental principle: whilst parking operators can introduce a scheme where it is in the interests of residents to display a permit, those operational conveniences cannot supersede residential rights under leases or habitual practice:

https://caselaw.nationalarchives.gov.uk/ewca/civ/2023/1470?query=Duchess+Bedford

1505grandad

In case of straight c & p  -  typo  -  "UKCPM were neither a party yo the Defendant's lease,...."

Chubchub77

Thank you so much Coupon-mad