Claim form - residential parking.

Gr1pr

Well, 2 probably needs an ending,  which it clearly mentions 

Dont change 1 or 4 to 10 , apart from any renumbering if extra paragraphs are inserted after paragraph 3

Obviously renumbering would be required if Extras are added 

Yours is definitely NOT the first ever leaseholder residential case on here, so plagiarise others for content,  advice and insight 

Swellhead

This is the signage on the site, posted pretty much everywhere.

Coupon-mad

There is at least one residential defence linked (for inspiration) in the NEWBIES thread post 2, but it is a very old version so do not copy all of it, but you can plagiarise a paragraph from it for your para 3. Certainly use the Template Defence as your base.

Swellhead

3. It is denied that the Defendant was in breach of any parking conditions or was not permitted to park in circumstances where an express permission to park had been granted to the Defendant permitting the above mentioned vehicle to be parked by the current occupier and leaseholder of (Defendant’s address) , whose leaseholder agreement permits the right ‘to use the Car Parking Space edged green on the Car Park Plan for the parking of one private motor vehicle’. 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 parking bay 27, provided it is ‘in a good roadworthy condition with a current MOT certificate’.

4. Accordingly it is denied that:

4.1. there was any agreement as between the Defendant and the Claimant

4.2. the Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss.

4.3.  the Claimant has suffered or incurred any 'damages’ as vaguely stated in the original template POC

The template defence would of course be used with these additional paras. Would this be okay for arguing primacy of contract? Thank you.

Coupon-mad

Yes that'll do. It'll be discontinued before the hearing in about 6 months anyway.

You just have to dance through the 8 steps. 

Swellhead

Thank you for your help. I’ll get this done and follow the steps in the newbie thread.
Probably best not not start another thread so I’ll post here.
I have another claim form from the same claimant. This concerns a motorbike. It is always parked in a bay (not my own) with permission from the tenant whose lease covers it. The night before the first ‘contravention’ someone tried to steal the bike and failed, they left it dumped in the car park. In the morning I moved it, so as not to cause an obstruction, to near the brick wall of the bin/bicycle shed, so not in a marked bay. It was left here for a few days until I could get it looked at to verify the damage as I couldn’t start it. Reported to police and have a crime ref number. The dates of the two ‘contraventions’ are before I moved it back to the bay I have permission to use - can get written permission if it helps? POC state a breach of contract as I will show in the photo, but it’s worth noting that further up the estate on the road residents park their cars there all the time without any demands to pay which they don’t seem to mind but their ‘contract’ forbids it. Haven’t really seen anything in the forum similar to this. 

Swellhead

AOS done time same as the other claim. 24th

Coupon-mad

Swellhead said:

Thank you for your help. I’ll get this done and follow the steps in the newbie thread.
Probably best not not start another thread so I’ll post here.
I have another claim form from the same claimant. This concerns a motorbike. It is always parked in a bay (not my own) with permission from the tenant whose lease covers it. The night before the first ‘contravention’ someone tried to steal the bike and failed, they left it dumped in the car park. In the morning I moved it, so as not to cause an obstruction, to near the brick wall of the bin/bicycle shed, so not in a marked bay. It was left here for a few days until I could get it looked at to verify the damage as I couldn’t start it. Reported to police and have a crime ref number. The dates of the two ‘contraventions’ are before I moved it back to the bay I have permission to use - can get written permission if it helps? POC state a breach of contract as I will show in the photo, but it’s worth noting that further up the estate on the road residents park their cars there all the time without any demands to pay which they don’t seem to mind but their ‘contract’ forbids it. Haven’t really seen anything in the forum similar to this. 

In this para 3 just deny breach and state that the motorbike was subjected to an attempted theft. It was removed from the bay without consent (TWOC) and as a result it was damaged and temporarily left outside of a bay, until the Defendant was able to return it to the usual bay after getting a crime reference and reporting it to the insurers.

DO NOT MENTION THAT YOU MOVED IT A SECOND TIME. NO NEED.

kryten3000

I would go further to say that at the time of the alleged breach the vehicle was "stolen" and therefore the keeper cannot be liable under the POFA.

Swellhead

Good men! Thank you for your advice. I await their directions questionnaire.