Lbc for parking in my own bay

In the County Court at , The Law Courts,

Claim No. xxxxxx

Between

PARKING PROPERTY MANAGEMENT LTD (Claimant)

and

MR XXXXXX (Defendant)


WITNESS STATEMENT



I, XXXXX, of XXXXXXXX, will say as follows:

I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents marked AB1 to which I will refer.

Before I describe what happened on the days I parked in my own allocated private residential parking bay, I confirm that the essence of my defence to this claim is that:
a. I did not breach the terms and conditions of parking of my lease.
b. I am the leaseholder of the flat and the allocated parking bay in question.

In February 2017, my wife Mrs. Xxx and I managed to reserve a 2-bedroom flat which was still under construction with xxxxxx xxxx in XXXXXXX. The construction was completed in May 2017 and we were given the keys to our flat on 9th June 2017. One of the major reasons we decided to buy with XXXXXX was that each flat in the building came with an allocated parking space which formed part of the lease, A copy of the lease is attached with this statement.

During the entire time from booking the property to taking possession we were never informed about the need to display a parking permit for parking in our own allocated parking bay. Even on 9th June 2017 when we were given the keys to the apartment, the handover manager Ms. xxx gave us a demonstration of the entire flat and pointed out certain do’s and don’ts, however even at that time there was no mention of displaying a parking permit at that time or even in future.

We continued to park in our allocated bay as per the terms of our lease from June 2017. However, in September 2017 I received 6 Parking Charge Notices for parking in my own allocated bay. The details of PCN’s are as follows:

1) PCN xxxxx – dated 8/9/17 (Friday)
2) PCN xxx – dated 9/9/17 (Saturday)
3) PCN xxx – dated 11/9/17 (Monday)
4) PCN xxx – dated 12/9/17 (Tuesday)
5) PCN xxx – dated 13/9/17 (Wednesday)
6) PCN xxx – dated 14/9/17 (Thursday)

The first ticket was issued on Friday 8th Sept 2017 and we didn’t use the car till Tuesday 12th Sept. My wife was the 1st one to spot the PCN on Tuesday 12/9/17 when she used the car and informed me about the same. I appealed it the same day (copy attached) explaining the fact that the parking permit was never received and waited for a response. I was under the impression that this PCN was a misunderstanding as the parking permits were never received and hence we continued to park in our own allocated parking bay. However, despite the appeal and the explanation the PCN was issued every day. I had even displayed a note on the windscreen to inform the attendant mentioning that “I have not yet received my parking permit. I have already appealed the 1st PCN. Do not put any more PCN’s” (Photo Attached).

On 15th September 2017 I received a response on the 1st appeal (attached) and it was rejected. I called the number mentioned on the rejection letter and tried to explain the representative that I had never opted for this service, neither I have any contract with PPM Ltd nor there is any clause in my lease to display a parking permit. However, the representative was adamant that the permits were issue without knowing the details of when and how and informed me that the PCN’s their attendant will continue to issue the Parking Charge Notice’s till a valid permit is displayed. At that time, I was forced to pay £10.00 to buy another permit even though I had never received the original permit.

After speaking to the Claimant’s company I took the following steps:

1) On the same day i.e. 15th September, I emailed the handover manager explaining the situation and on 19th she replied asking why did I not contact her immediately after the 1st ticket and waited till I received 6. To which I replied and I quote a part of my reply

“We got the first ticket on 08/09/2017 which was a Friday and we didn't use the car (didn't go towards it) till Monday evening.

On Tuesday morning when my wife (Jyoti) took the car for office she saw that we had 2 tickets were on the car 1 ticket was on the floor. Total 3 tickets

On the same day I appealed for the 1st ticket via their website as its written on the ticket that they don't accept appeals over the phone so I didn't call them.

They replied to my appeal which they rejected in and mentioned the same telephone number (PAYMENT LINE) to inquire about parking permits. Why can't they just write this on the parking charge notice itself.

I called them on the same day and informed them that I haven't received my PERMIT so I am not liable to pay for these fines. But the insisted that permits were issued and if I need a new permit I would have to pay £ 10.00, which I did as I wanted to park the car in my own bay.
Till I got a reply on my 1st appeal I had already got 6 tickets.

I didn't call them cause the PCN clearly stated that all appeals had to be done via their website.

Yes I would definitely like to opt out of this useless scheme as they are charging me to park in my OWN PROPERTY. “


2. On the same day i.e.15th Sept, I contacted Mr. XXX of XXX Property Management Ltd as they have been appointed to manage the property and expressed my disappointment of being issued a parking charge notice in my own allocated bay and informed the fact that at that point I had not received the permit. After exchanging a few emails, on the 19th September he replied stating the following:
I wish it were that easy, however, I am not able to have any of the tickets cancelled as they have been issued correctly and in line with the contractors terms and conditions.
Perhaps if you had contacted us after the 1st ticket rather than the 6th or 7th we could have done more, but we really are unable to challenge the validity and have to leave the issue to you to resolve with the contractor.
I don’t understand how the situation would have been different if I had contacted after the 1st ticket as the same rules applied should be the same.

In his last email he mentioned that “The parking contractor was put in by XXX, and therefore not under our control”. As per my lease (Clause 10 of Schedule 7) It only permits the Management Company to introduce new "Estate Regulations", not XXX. Hence the appointment of the claimant’s services is not as per the terms of my lease and they don’t have my permission to monitor my allocated bay.

Later on 22nd March 2018, we had a meeting with our estate management company XXX to discuss issues about their charges and management of the estate. In that meeting I raised the point about leaseholders getting PCN’s for parking in their own allocated bay on which the management company responded that they have now been passed the control of the XXX’s contract the claimant’s company and now they can contact them directly regarding any issues with the PCN’s and asked me the email the details of the PCN’s.

I emailed Ms. XXX all the details of the PCN’s the very next day and on 27th March her reply was “The supplier has confirmed that this is at debt control stage now, and they cannot reverse the tickets I’m afraid, despite us asking on behalf of the Client.”

On 28th March 2018 I sent a letter before Claim to Ms. XXX XXX of XXXX mentioning that I had received a LBC from the claimant’s solicitors and pointed out how XXX have breached the T&Cs of the lease and I also pointed out clauses from the lease which related to parking but Bellway didn’t provide any of the documents requested showing proof that the PERMIT was delivered to my address before the PCN’s were issued and didn’t give any clarification on the breach of the clauses. I attach the full email with this statement.

I never received a response or an acknowledgement from Ms. XXX, However, on 23rd April 2018 I received a reply from Mr. XXX XX who is the head of customer care in XXX. I replied to all his points and questioned about the clauses in the lease and how XXXX have not honoured them to which he chose not to give any clarification. I have attached all the email correspondence with this statement.

Based on the fact that my lease doesn’t mention the need to display any permit for parking neither it allows the developer i.e. XXXX to introduce new regulations which they have and it is confirmed by the developer itself and the management company in various emails, the Court is invited to dismiss the claim and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

I believe that the facts stated in this Witness Statement are true.


Signature of Defendant:


Name:
Date:

Le_Kirk wrote: »

In your opening statement, you say you will refer to a paginated bundle and then you don't! Your first reference is your lease and that should say, for example: -

I think the whole statement is quite long and seems to jump about a bit, maybe it could be a bit more concise and use bullet points not narrative to explain the back story.

I have prepared a paginated bundle, just taking printouts today and will reference the statement accordingly.

I will try to reduce the statement today and will post a revised version.
thanks for your feedback.

REVISED WS


I, XXXXX, of XXXXXXXX, will say as follows:

I am the Defendant in this matter. Attached to this statement is a paginated bundle of documents A-I to which I will refer.

Before I describe what happened on the days I parked in my own allocated private residential parking bay, I confirm that the essence of my defence to this claim is that:
a. I did not breach the terms and conditions of parking in my lease.
b. I am the leaseholder of the flat and the allocated parking bay in question.

In February 2017, my wife Mrs. Xxx and I managed to reserve a 2-bedroom flat which was still under construction with xxxxxx xxxx in XXXXXXX. The construction was completed in May 2017 and we were given the keys to our flat on 9th June 2017. One of the major reasons we decided to buy with XXXXXX was that each flat in the building came with an allocated parking space which formed part of the lease, A copy of the lease is attached with this statement – Section A

During the entire time from booking the property to taking possession we were never informed about the need to display a parking permit for parking in our own allocated parking bay. Even on 9th June 2017 when we were given the keys to the apartment, the handover manager Ms. xxx gave us a demonstration of the entire flat and pointed out certain do’s and don’ts, however even at that time there was no mention of displaying a parking permit at that time or even in future.

We continued to park in our allocated bay as per the terms of our lease from June 2017. However, in September 2017 I received 6 Parking Charge Notices for parking in my own allocated bay. The details of PCN’s are as follows:

1) PCN xxx – dated 8/9/17 (Friday)
2) PCN xxx – dated 9/9/17 (Saturday)
3) PCN xxx – dated 11/9/17 (Monday)
4) PCN xxx – dated 12/9/17 (Tuesday)
5) PCN xxx – dated 13/9/17 (Wednesday)
6) PCN xxx – dated 14/9/17 (Thursday)

The first ticket was issued on Friday 8th Sept 2017 and we didn’t use the car till Tuesday 12th Sept. My wife was the first one to spot the PCN on Tuesday 12/9/17 when she used the car and informed me about the same. I appealed it the same day (copy attached: Section explaining the fact that the parking permit was never received and waited for a response. I was under the impression that this PCN was a misunderstanding as the parking permits were never received and hence we continued to park in our own allocated parking bay. However, despite the appeal and the explanation the PCN’s were issued every day. I had even displayed a note on the windscreen to inform the attendant mentioning that “I have not yet received my parking permit. I have already appealed the 1st PCN. Do not put any more PCN’s” (Photo Attached: Section C).

On 15th September 2017 I received a response on the 1st appeal (attached Section D) and it was rejected. I called the number mentioned on the rejection letter and tried to explain the representative that I had never opted for this service, neither I have any contract with PPM Ltd nor there is any clause in my lease to display a parking permit. However, the representative was adamant that the permits were issue without having the knowledge of when and how they were issued and informed me that the PCN’s their attendant will continue to issue the Parking Charge Notice’s till a valid permit is displayed. At that time, I was forced to pay £10.00 to buy another permit even though I had never received the original permit.

After speaking with the Claimant I took the following steps:

1) On the same day i.e. 15th September, I emailed the handover manager Ms. Liz Voss explaining the situation and on 19th she replied asking why did I not contact her immediately after the 1st PCN and waited till I received 6. To which I replied and I quote a part of my reply

“We got the first ticket on 08/09/2017 which was a Friday and we didn't use the car (didn't go towards it) till Monday evening.

On Tuesday morning when my wife (Jyoti) took the car for office she saw that we had 2 tickets were on the car 1 ticket was on the floor. Total 3 tickets

On the same day I appealed for the 1st ticket via their website as its written on the ticket that they don't accept appeals over the phone so I didn't call them.

They replied to my appeal which they rejected in and mentioned the same telephone number (PAYMENT LINE) to inquire about parking permits. Why can't they just write this on the parking charge notice itself.

I called them on the same day and informed them that I haven't received my PERMIT so I am not liable to pay for these fines. But the insisted that permits were issued and if I need a new permit I would have to pay £ 10.00, which I did as I wanted to park the car in my own bay.
Till I got a reply on my 1st appeal I had already got 6 tickets.

I didn't call them cause the PCN clearly stated that all appeals had to be done via their website.

Yes I would definitely like to opt out of this useless scheme as they are charging me to park in my OWN PROPERTY. “

All email correspondence with Ms. Liz Voss – Section E
2. On the same day i.e.15th Sept, I contacted Mr. XXX of XXX Property Management Ltd as they have been appointed to manage the property and expressed my disappointment of being issued a parking charge notice in my own allocated bay and informed the fact that at that point I had not received the permit. After exchanging a few emails, on the 19th September he replied stating the following:
“I wish it were that easy, however, I am not able to have any of the tickets cancelled as they have been issued correctly and in line with the contractors terms and conditions.
Perhaps if you had contacted us after the 1st ticket rather than the 6th or 7th we could have done more, but we really are unable to challenge the validity and have to leave the issue to you to resolve with the contractor.”
I don’t understand how the situation would have been different if I had contacted after the 1st ticket as the same rules applied should be the same for 1 or 6 PCN’s.

In his last email he mentioned that “The parking contractor was put in by XXX, and therefore not under our control”. As per my lease (Clause 10 of Schedule 7) It only permits the Management Company to introduce new "Estate Regulations", not XXX. Hence the appointment of the claimant’s services is not as per the terms of my lease and they don’t have my permission to monitor my allocated bay.

All email correspondence with Mr. XXX attached – See Section F

Later on 22nd March 2018, we had a meeting with our estate management company XXX to discuss issues about their charges and management of the estate. In that meeting I raised the point about leaseholders getting PCN’s for parking in their own allocated bay to which the management company responded that they have now been passed the control of the XXX’s contract i.e. the claimant and now they can contact them directly regarding any issues with the PCN’s and asked me the email the details of the PCN’s.

I emailed Ms. XXX all the details of the PCN’s the very next day and on 27th March her reply was “The supplier has confirmed that this is at debt control stage now, and they cannot reverse the tickets I’m afraid, despite us asking on behalf of the Client.” – See Section G

On 28th March 2018 I sent a letter before Claim to Ms. XXX XXX of XXXX mentioning that I had received a LBC from the claimant’s solicitors and pointed out how XXX have breached the T&Cs of the lease and I also pointed out clauses from the lease which related to parking but Bellway didn’t provide any of the documents requested showing proof that the PERMIT was delivered to my address before the PCN’s were issued and didn’t give any clarification on the breach of the clauses. See Section H

I never received a response or an acknowledgement from Ms. XXX, However, on 23rd April 2018 I received a reply from Mr. XXX XX who is the head of customer care in XXX. I replied to all his points and questioned about the clauses in the lease and how XXXX have not honoured them to which he chose not to give any clarification. Email correspondence with Mr. XXx of XXX attached - See Section I

Based on the fact that my lease doesn’t mention the need to display any permit for parking neither it allows the developer i.e. XXXX to introduce new regulations which they have and it is confirmed by the developer itself and the management company in various emails, the Court is invited to dismiss the claim and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

I believe that the facts stated in this Witness Statement are true.


Signature of Defendant:


Name:
Date: