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Own Apartment Parking Fine
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Yes, typed, printed and in an envelope to drop into post box on my way home after I finished work tonight. Thanks again for the brief template.0
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Yes, typed, printed and in an envelope to drop into post box on my way home after I finished work tonight. Thanks again for the brief template.
NO, NO and thrice NO!
Hand deliver to the court. Or post it via a Post Office and get a certificate of posting! Never leave important things like this to the vagaries of the post box.0 -
NO, NO and thrice NO!
Hand deliver to the court. Or post it via a Post Office and get a certificate of posting! Never leave important things like this to the vagaries of the post box.
Noted - i'll hand deliver an additional copy to the court tomorrow morning before work. I'm working on my witness statement as we speak. Sorry law, and court processes are not my strong point, I've luckily never had to go to court so this is all a bit new to me. Thank you for the advice.0 -
Managed to write my first draft of the witness statement below.
With the following exhibits
Exhibit A: Land Registry
Exhibit B: Lease
Exhibit C: In Pace v Mr N [2016] C6GF14F0 [2016]
Exhibit ParkingEye v Beavis [2015] UKSC 67
Exhibit E: Schedule of Cost
Exhibit F: Jopson v Homeguard [2016] B9GF0A9E
Any feedback is greatly appreciated, i scrolled through the newbies post and tried to add a combination of the templates and exhibits used - mostly from parking prankster for case link in (thanks coupon mad for guiding me).
Is this a strong enough witness statement and evidence to have a good chance of winning?
Please let me know if anyone can recommend to take anything out or add anything in that i may have missed.
Off to bed for an early morning trip to drop off my letter for the Judge to merge the court dates.
Thanks
---- WITNESS STATEMENT ----
I, xxxx, of xxxx, am the Defendant in this matter, and will say as follows.
1. The facts in this statement come from my personal knowledge. Where they are not within my personal knowledge, they are true to the best of my information and belief.
2. I was the Registered Keeper of the vehicle in question on the 26/03/17 (the material date).
3. The claim relates to parking charges that were allegedly posted to the current address of the Defendant from which the Defendant has owned full ownership since 23.01.2017 to present date (Exhibit A – land registry).
4. The Particulars refer to the material location as Pulse – Lingard Ave. The Defendant has, since 16th November 2016, held legal title under the terms of a lease, to Flat X, XXX Court at that location. At some point, the managing agents contracted with the Claimant company to enforce parking conditions at the estate.
5. The outside car parking area contains allocated parking spaces demised to some residents, and a general area for residents who do not have an allocated space. Under the terms of the Defendant's lease (Exhibit , one reference is made about parking motor vehicles. The reference is simply in the header of the lease stating that the overall lease arrangement is for the apartment and an allocated parking space with the right to use a parking space.
5.1. There are no terms within the lease requiring lessees to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same. Therefore, the Defendant relies on Primacy of Contract. The Defendant refer to previous cases such as Pace v Mr N [2016] C6GF14F0 [2016] (Exhibit C), where it was found that the parking company could not override the tenant's right to park by requiring a permit to park.
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.
7. The Defendant's vehicle clearly was 'authorised' as per the lease 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. In this case the Claimant continues to cause a substantial and unreasonable interference with the Defendant's land/property, or his/her use or enjoyment of that land/property.
8. The Claimant, or Managing Agent, in order to establish a right to impose unilateral terms which vary the terms of the lease, must have such variation approved by at least 75% of the leaseholders, pursuant to s37 of the Landlord & Tenant Act 1987, and the Defendant is unaware of any such vote having been passed by the residents.
9. The claimant may argue that the Defendant parked outside of the allocated bay for loading. The Defendant refers to the case of Jopson v Homeguard [2016] B9GF0A9E (Exhibit F), where on appeal it was found that the parking company could not override the tenant's right to temporarily stop near the building entrance for loading/unloading.
10. The Claimant may rely on the case of ParkingEye v Beavis [2015] UKSC 67 (Exhibit D) 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.
11. Finally, I encourage the court to strike out the claims against the Defendant as there are no sound level ground on, to compensate the defendant in accordance to the defendant cost of schedule (Exhibit E)
I believe that the facts stated in this witness statement are true.
Defendant
Signed0 -
Witness Statements should be written in the First Person, e.g. I have, since 16th November 2016..........0
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Below is the schedule of cost i drew up - too excessive??
I'm going to sit down again tonight to revise and do a second draft, adding in Coupon-mad's point about not abandoning your rights because they've issued a random third party permit.
"You don't 'abandon' your rights and remedies under a leasehold agreement just because a third party sends you an innocuous looking permit that they tell you to display, and they do not give you any choice to opt out."
Maybe some points addressing the pictures i've taken of the spot which has my apartment number written on it and the signage in the parking area.
Any feedback would be greatly appreciated, p.s. hand delivered the letter to the court to merge hearings this morning
DEFENDANT'S SCHEDULE OF COSTS
Ordinary Costs
Loss of earnings/leave, incurred through attendance at Court 18/02/2019 £250.00
Return tube fare from home address to Court £7.80
Sub-total £257.80
Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)
Research, preparation and drafting of documents (20 hours at Litigant in Person rate of £31.25 per hour) £625.00
Stationery, printing, photocopying and postage: £15.00
Sub-total £640
£ 897.80 TOTAL COSTS CLAIMED0 -
Witness Statements should be written in the First Person, e.g. I have, since 16th November 2016..........0
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If you have submitted your defence already, you don't need to submit it again. Your witness Statement should be submitted to the allocated court in line with the deadlines you were given by the court. I think a bit nearer your court date, you will be told when to submit your bundle. If you check the NEWBIE sticky post # 2, you will see a timeline of what to do and when. Search the forum to see how you submit your bundle for the court date, i.e. in a folder with defence, witness statement and evidence cross referred and colour coded.0
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Okay clear, I have actually read the newbies post in detail and this is the basis of all my progressive workings - I’m actually at the stage of submitting the bundle, I was just a bit confused as I’m comparing vs the bundle I received from the claimant which has witness statement, evidence, exhibits. I was just making sure that I should include this in the bundle - I probably didn’t explain we’ll enough in my comment. Just to be clear I am continually using the newbies thread on everything I submit, I’m just a bit worried that I have experience in this field so everything I do I’m double checking and asking for reassurance, or recommendations on how I could potentially tweak to make it better.0
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Can you evidence your day rate of £250? If not (or the judge disagrees) then you'll get about £95 (plus your tube fare).
LIP rate isn't £31.25 per hour - more like £19 per hour.0
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