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County Court Defence - Parking in Someone Else's Allocated Bay
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ellas200
Posts: 14 Forumite
Hi All,
I've been reading the forums carefully, but cannot find thread which has a good defence for my particular claim.
The issue:
I have 5 tickets spaced over 9 days, all for parking in someone else's allocated bay in a residential car park, brought by CPMS. I arrived the first evening after work, and someone else was parked in my bay, so I had no choice but to park in someone else's bay. I spoke to reception and they said they would find out whose space it was, and notify me. However, I was going away for my holiday over the next 10 days, and as my space remained filled for over an hour I had no choice but to leave to catch my flight. (Note: I had never seen the car park full, or this space with a car in)
I did not appeal, as I thought they were scammers, as there were no tickets on my windshield, and had understood the general advice to be to ignore it.
My lease states: "To park in the car parking space, garage, or driveway allocated to the Premises if applicable". And, the parking space is mentioned with the number higher in the lease. I do still have the permit, if that's of any significance.
I have now received a court summons, and realise that I need to write up my defence. Have there been effective defences highlighting the same issues?
I have the following points:
1. As nowhere in my lease does it state that I must present my parking permit I request proof that I was not parking in my allocated bay:
Noting that in Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park. And also In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.
2. I argue that CPMS were not effectively regulating the car park, and as such I had no choice but to park, as I needed to catch my flight. This action also caused no harm, as the car park was never full, and I conscientiously parked in the bay near mine, which I had noted was always empty.
Are there any further points worth mentioning, and how should I best argue the above? Any help would be very much appreciated.
Thank you!!!!
I've been reading the forums carefully, but cannot find thread which has a good defence for my particular claim.
The issue:
I have 5 tickets spaced over 9 days, all for parking in someone else's allocated bay in a residential car park, brought by CPMS. I arrived the first evening after work, and someone else was parked in my bay, so I had no choice but to park in someone else's bay. I spoke to reception and they said they would find out whose space it was, and notify me. However, I was going away for my holiday over the next 10 days, and as my space remained filled for over an hour I had no choice but to leave to catch my flight. (Note: I had never seen the car park full, or this space with a car in)
I did not appeal, as I thought they were scammers, as there were no tickets on my windshield, and had understood the general advice to be to ignore it.
My lease states: "To park in the car parking space, garage, or driveway allocated to the Premises if applicable". And, the parking space is mentioned with the number higher in the lease. I do still have the permit, if that's of any significance.
I have now received a court summons, and realise that I need to write up my defence. Have there been effective defences highlighting the same issues?
I have the following points:
1. As nowhere in my lease does it state that I must present my parking permit I request proof that I was not parking in my allocated bay:
Noting that in Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park. And also In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.
2. I argue that CPMS were not effectively regulating the car park, and as such I had no choice but to park, as I needed to catch my flight. This action also caused no harm, as the car park was never full, and I conscientiously parked in the bay near mine, which I had noted was always empty.
Are there any further points worth mentioning, and how should I best argue the above? Any help would be very much appreciated.
Thank you!!!!
0
Comments
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What is the Date of Issue on your Claim Form?
Can you please post the exact contents of the Particulars of Claim box on that Claim Form - hiding personal data of course.0 -
Date of Claim Form: 3rd Oct 2018
Particulars:
"he defendant is the registered keeper of vehicle registration number XXXXX as sourced from the DVLA, the claim relates to 5 unpaid parking charge notices issues pursuant to the protection of freedoms act 2012 at XXXX apartments Salford, repeated correspondence continues to be ignored, each charge is £100 and are detailed XXX dated 11/12/17... ... with costs pursuant to the beavis v parking eye supreme court ruling 2015
Payment line ...
Reference ... Phone
Email
"
Thanks!!0 -
With a Claim Issue Date of 3rd October, you have until Monday 22nd October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.Date of Claim Form: 3rd Oct 2018
Having done the AoS, you then have until 4pm on Monday 5th November 2018 to file your Defence.
Loads of time to produce a perfect Defence, but don't leave it to the very last minute.
When you are happy with the content, your Defence should be filed via email as described here:
1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.0 -
That's great. Thank you KeithP!!!! I'll do the AoS ASAP.
With my regards to the defence, what is your advice?0 -
Does the lease say anything about a third party parking company, permit scheme, or that a third party can issue charges and take you to court?
Your leas has primacy of contract over anything the scammers say.
This will be the main focus of your defence, plus the fact that the scammers have failed to keep your space clear thus voiding the "if applicable" part of your lease. It can't be applicable if someone else has parked there causing a frustration of contract.
Complain long and loud to your landlord/landholder and MA if there is one.
Complain to your MP.
Read the guide to court in post 2 of the NEWBIES.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
What happens now when someone goes into your space?0
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Should sue them for trespass to the value of the PCNs issued for the OP being forced to park in the wrong place!IamEmanresu wrote: »What happens now when someone goes into your space?0 -
So, I don't live there anymore. I moved out of the accommodation in January soon after. This was right at the end of my time there, and the situation didn't arise again.
Unfortunately I also don't have the details of the car in my space, so I cannot sue them @The Slithy Tove
So, I should structure my lease around the primacy of contract? How could I word that and the following two arguments? Are there any examples anywhere?
1. As nowhere in my lease does it state that I must present my parking permit I request proof that I was not parking in my allocated bay
2. I argue that CPMS were not effectively regulating the car park, and as such I had no choice but to park, as I needed to catch my flight. This action also caused no harm, as the car park was never full, and I conscientiously parked in the bay near mine, which I had noted was always empty.
Thanks!0 -
2. I argue that CPMS were not effectively regulating the car park, and as such I had no choice but to park,
Of course you had a choice.
Why are people helping this chap?
(Text removed by MSE Forum Team)You never know how far you can go until you go too far.0 -
Why are people helping this chap?
Because we do though sometimes it is difficult. AIUI this is a simple case of someone who has a mistaken idea about the remedies for trespass. Hopefully he will understand how hopeless his defence is (i.e. I argue that CPMS were not effectively regulating the car park) and will concentrate on a different one.0
This discussion has been closed.
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