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a. Set aside the default judgment dated XX January 2020 as it was not properly served at my current address.
b. Order for the original claim to be dismissed.
c. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.
(b) it appears to the court that there is some other good reason why -
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
WITNESS STATEMENTI am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated 4th May 2020 requesting to:
c. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.DEFAULT JUDGMENT
1.1. I was the registered keeper of the vehicle at the time of the alleged offence.1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on XX January 2020. I am aware that the Claimant is XXXX, and that the assumed claim is in respect of unpaid Parking Charge Notices from the XX, XX and XX February 2018 at my then residence XXXX. I contest this charge for the reasons outlined in the attached draft defence.1.3. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 27th April 2020 following a notification of an automated credit report update; as found in Schedule (X)The address on the claim is XXXX. I moved to my current address at XXXX on the 16th November 2018. In support of this I can provide a scanned copy of my mortgage agreement, alongside a council tax and utility bill; Schedule (X)
1.4. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;1.4.1 I discovered a CCJ was lodged onto my credit file on the 27th April 2020.1.4.2 On 27th and 29th April I contacted the County Court Business Centre to obtain relevant information relating to this default judgement; Schedule (X).1.4.3 On 4th May 2020 I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.
DRAFT DEFENCE DISMISSING THE CLAIM
2.1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
2.2. The Particulars of Claim on the N1 Claim Form refer to 'Parking Charge(s)' incurred on [DATE]. However, they do not state the basis of any purported liability for these charges, in that they do not state what the terms of parking were, or in what way they are alleged to have been breached. In addition, the particulars state 'The Defendant was driving the vehicle and/or is the keeper of the vehicle' which indicates that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5.
2.3. The Particulars refer to the material location as xxxx. During this period, the Defendant held legal title under the terms of a tenancy agreement, to Flat No. XX at that location and the associated allocated car parking space.
2.4. The underground car parking area contains allocated parking spaces demised to some residents. Entry to the underground parking is by means of a key fob, of a type only issued to residents. Any vehicles parked therein are, therefore, de facto authorised to be there.
2.5. Under the terms of the Defendant's lease, a number of references are made to conditions of parking motor vehicles which are highlighted in 5.1 in respect of obligations of the tenant.
1. To park a private vehicle only at the property
2. To park in the car parking space, garage or driveway as allocated to the premises, if applicable
3. To keep any car parking space, garage or driveway free from [list]
4. To remove all vehicles belonging to the tenant, his family or visitors at the end of the tenancy
5. Not to park any vehicle at the premises that is not roadworthy or fully taxed
2.5.2. There are no terms within the tenancy agreement requiring tenants to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same.
2.6. 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.
2.7. Further and in the alternative, the signs as at 27th April 2020 (assumed to be present at the date of alleged contravention until full details and photographs are provided by the Claimant to the Defendant as requested under a Subject Access Request) states parking is permitted for ‘Pre-authorised vehicles parked fully within their allocated parking space’.
2.8.1. The Defendant's vehicle clearly was 'authorised' as per the tenancy agreement and the Defendant relies on primacy of contract and avers that the Claimant's conduct in aggressive ticketing is in fact a matter of tortious interference, being a private nuisance to residents.
2.8.2. In this case the Claimant has taken over the location and runs a business as if the site were a public car park, offering terms with £100 penalty on the same basis to residents, as is on offer to the general public and trespassers. However, residents are granted a right to park/rights of way and to peaceful enjoyment, and parking terms under an onerous 'permit/licence' cannot be re-offered as a contract by a third party. This interferes with the terms of the tenancy agreement, none of which is this parking firm a party to, and neither have they bothered to check for any rights or easements that their regime will interfere with (the Claimant is put to strict proof).
2.9. Furthermore, as at 27th April 2020 the signage was in accordance with that found to be ‘completely inadequate’ by a competent court due to the penalty charge (£100) being in the smallest font on a sign containing hundreds of words. Reference: One Parking Solution v Ms W - claim number F0HM9E9Z (Lewes County Court, 5/2/2020).
2.10. The Claimant may rely on the case of ParkingEye v Beavis  UKSC 67 as a binding precedent on the lower court. However, that only assists the Claimant if the facts of the case are the same, or broadly the same. In Beavis, it was common ground between the parties that the terms of a contract had been breached, whereas it is the Defendant's position that no such breach occurred in this case, because there was no valid contract, and also because the 'legitimate interest' in enforcing parking rules for retailers and shoppers in Beavis does not apply to these circumstances. Therefore, this case can be distinguished from Beavis on the facts and circumstances.
2.11. The Claimant, or their legal representatives, has added an additional sum of £60 to the original £100 parking charge, for which no explanation or justification has been provided. Schedule 4 of the Protection Of Freedoms Act, at 4(5), states that the maximum sum which can be recovered is that specified in the Notice to Keeper, which per signage at 27/04/2020 is £100 in this instance. It is submitted that this is an attempt at double recovery by the Claimant, which the Court should not uphold, even in the event that Judgment for Claimant is awarded.
2.12. For all or any of the reasons stated above, the Court is invited to dismiss the Claim in its entirety, and to award the Defendant such costs as are allowable on the small claims track, pursuant to Civil Procedure Rule 27.14. Given that the claim is based on an alleged contractual parking charge of £100 - already significantly inflated and mostly representing profit, as was found in Beavis - but the amount claimed on the claim form is inexplicably £160 per PCN plus interest, the Defendant avers that this inflation of the considered amount is a gross abuse of process.
2.13. Given that it appears that this Claimant's conduct provides for no cause of action, and this is intentional and contumelious, the Claimant's claim must fail and the court is invited to strike it out.
2.14. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.b. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to XXXX.2.15. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.2.16. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs at the time the PCNs were issued (xx 02 2020, xx 02 2020, xx 02 2020) from the claimant.Statement of Truth:I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
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