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    • parkingissues
    • By parkingissues 5th Mar 18, 6:40 PM
    • 19Posts
    • 2Thanks
    parkingissues
    Newbie - HELP with defence letter
    • #1
    • 5th Mar 18, 6:40 PM
    Newbie - HELP with defence letter 5th Mar 18 at 6:40 PM
    hello, I've read the FAQ thread but need someone to look over my defence letter, it would be much appreciated! I have been charged with over 2000 and don't believe it to be fair

    DEFENCE STATEMENT
    __________________________________________________ _________________________


    I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:

    1. I am the registered keeper of the vehicle in question.


    2. I own a food business at the address where the alleged contraventions occurred, renting the shop at ___. I have been at these premises for two years. For the first year there were no issues with parking in the private carpark as it was incorporated within the lease.

    3. I was parking there without knowledge of contravening any parking laws as my landlord stated that I was safe to park there until the lease is renewed.


    4. There were no clear signs from NPM during the time of the contravention and these have only been placed since November 2017.

    5. I feel I am continued to be a victim of discrimination due to a previous criminal matter that resulted in a hearing held at _____Magistrates Court, where the defendant was an employer of National Parking Management who served me with 14 Penalty Notices. He was charged with harassment and hate crime. During this process he issued me with the notices due to revenge purposes.

    6. I was not parked on some of the dates the notices were issued and I was denied seeing any photographical evidence. Upon challenging this, the NPM employee would get aggressive towards me.

    7. All other tenants would park in the same carpark. None of them have to date been issued with penalty notices other than myself.

    8. I currently pay my landlord 25.00 per month for my parking permit, whilst two garages and two restaurants who use the same carpark are with permits that have been incorporated into their agreements for no extra charge.


    I believe the facts stated in this Defence Statement are true.
Page 2
    • Redx
    • By Redx 7th Mar 18, 5:08 PM
    • 18,119 Posts
    • 22,906 Thanks
    Redx
    AOS is covered in post #2 of the NEWBIES FAQ sticky thread, please read it , slowly

    also find out what AOS is by reading it and reading the forms you received

    the AOS can be done ONLINE on the MCOL website

    also read the BARGEPOLE timeline of events , until you get the process and timeline in your head

    acronyms are explained in that NEWBIES FAQ sticky thread too, so ignore it at your peril

    every time you ask something you are likely to be directed to that thread, it is your bible, your reference library, your FAQ answered

    and please keep to one thread only , per topic

    so if you have a completely different pcn that needs approaching differently , start a new thread, but all these need to be in one single thread only , which is this one

    http://forums.moneysavingexpert.com/showthread.php?t=5805402
    Last edited by Redx; 07-03-2018 at 5:11 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Redx
    • By Redx 7th Mar 18, 5:28 PM
    • 18,119 Posts
    • 22,906 Thanks
    Redx
    Is the National Parking Management part of AOS? I can't find any official list online which includes them but they seem to have accessed my details from DVLA
    Originally posted by parkingissues
    there are only 2 trade bodies , the BPA and the IPC

    you will find them under N on the IPC website of AOS members , where this AOS means Accredited Operator Scheme

    https://theipc.info/aos-members/n

    not to be confused with AOS for MCOL which means something different and something you MUST DO asap on the MCOL website

    ps:- you dont "send this off"

    you print it out , sign and date it , scan it back to your pc into a pdf file and email the CCBC in Northampton with it before your submission deadline looms

    I dont think you have fully understood this court process yet

    it is explained in that NEWBIES FAQ sticky thread, post #2
    Last edited by Redx; 07-03-2018 at 5:30 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • parkingissues
    • By parkingissues 7th Mar 18, 5:36 PM
    • 19 Posts
    • 2 Thanks
    parkingissues
    Has anyone taken pictures taken as evidence - e.g. of blocked carpark directly to court? Should attach pictures as part of my defence statement and explain them? Thank you for any help!
    • parkingissues
    • By parkingissues 7th Mar 18, 5:43 PM
    • 19 Posts
    • 2 Thanks
    parkingissues
    thank you, I have already acknowledged MCOL. My submission deadline is on the 9th, I am hoping to get the defence statement finished and sent off today.
    • twhitehousescat
    • By twhitehousescat 7th Mar 18, 5:47 PM
    • 1,287 Posts
    • 1,742 Thanks
    twhitehousescat
    on your thread at pepipoo I have stated date change of company , it very much looks like you have 14 tickets from a non existent company

    of rather 14 tickets where there was no signage
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Redx
    • By Redx 7th Mar 18, 5:51 PM
    • 18,119 Posts
    • 22,906 Thanks
    Redx
    Has anyone taken pictures taken as evidence - e.g. of blocked carpark directly to court? Should attach pictures as part of my defence statement and explain them? Thank you for any help!
    Originally posted by parkingissues
    yes you can take pictures for your evidence submissions later on, but not for this defence statement

    if you had read the NEWBIES FAQ properly you would know that the evidence , witness statements and skeleton argument etc all go to your local court later in the process , which means after it has been alloocated , a judge allocated and it is then that photos and other evidence etc is sent in a few weeks prior to the hearing

    stop rushing and hone your defence statement , ready to be emailed once it has been signed and dated

    I assume you now know that an MCOL AOS means Acknowledgement Of Service, which you say you have done , which extends your deadline by 2 weeks

    so are you sure that your deadline is the 9th march 2018 ?

    have you phoned the CCBC to check for example ?

    on reading your "defence statement" above, it looks to me like a witness statement that you would submit to your local court at or after the DQ stage. it does seem to be the good basis for your witness statement, but not your defence statement

    a defence statement should show the legal points and arguments you are relying on

    ps:- it mentions PENALTY notices, as this is private land there are no PENALTY notices , only Parking Charge Notices issued by NPM or some other private parking company, the common name for them is INVOICES, which I am sure you understand what an INVOICE is as a business owner#

    stick to calling them Private Parking Charge Notices, do NOT use the word PENALTY
    Last edited by Redx; 07-03-2018 at 6:00 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 5:59 PM
    • 57,473 Posts
    • 71,074 Thanks
    Coupon-mad
    The signs are by different companies - one sign at the carpark says Northfield Property Management, another says Northamptonshire Parking Management, the Parking Charge says National Parking Management. I am really confused by all this!!
    Sounds like a very sound defence point. You MUST add that to your defence and get photo proof, of these names on 3 signs, before they change them.

    Yes you have every prospect of succeeding, not least because I doubt the PPC want another Judge to hear about this:
    The Defendant feels that they continue to be victim of discrimination due to a previous criminal matter that resulted in a hearing held at ---- Magistrates Court, where the defendant was an employer of National Parking Management who served the Defendant with 14 Penalty Notices. He was charged with harassment and hate crime. During this process he issued me with the notices due to revenge purposes.
    If he was found guilty of harassment and a hate crime then you could claim damages, I think, because harassment is also a civil offence for which a victim might claim compensation for losses/distress.

    What do you mean 'blocked car park'?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • parkingissues
    • By parkingissues 7th Mar 18, 6:06 PM
    • 19 Posts
    • 2 Thanks
    parkingissues
    If he was found guilty of harassment and a hate crime then you could claim damages, I think, because harassment is also a civil offence for which a victim might claim compensation for losses/distress.
    He unfortunately wasn't found guilty (but there CCTV of him puncturing my tyres). He wasn't found guilty because I didn't give enough evidence and there were no witnesses.

    What do you mean 'blocked car park'?
    The carpark is extremely crowded, most of the time I cannot get in. Sometimes I'm already parked and have hot food to deliver and can't get in. There's no parking bays, the whole carpark is a mess and not worth paying 80 which my landlord is asking for.
    • parkingissues
    • By parkingissues 7th Mar 18, 6:10 PM
    • 19 Posts
    • 2 Thanks
    parkingissues
    so are you sure that your deadline is the 9th march 2018 ?

    have you phoned the CCBC to check for example ?
    Yes, I have called and confirmed that its the correct date.

    on reading your "defence statement" above, it looks to me like a witness statement that you would submit to your local court at or after the DQ stage. it does seem to be the good basis for your witness statement, but not your defence statement
    Do you know how I could improve this to make it a suitable defence statement? Its difficult to understand all these legal terms.
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 6:21 PM
    • 57,473 Posts
    • 71,074 Thanks
    Coupon-mad
    Please ask for your threads to be merged. We can't answer twice on here about the same PCNs.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 6:23 PM
    • 57,473 Posts
    • 71,074 Thanks
    Coupon-mad
    Case law to read here:

    http://forums.moneysavingexpert.com/showthread.php?p=73989301#post73989301

    Please ask for your 2 threads to be merged, as I for one won't be replying again until they are.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Redx
    • By Redx 7th Mar 18, 6:29 PM
    • 18,119 Posts
    • 22,906 Thanks
    Redx
    Do you know how I could improve this to make it a suitable defence statement?

    Its difficult to understand all these legal terms.
    Originally posted by parkingissues
    no because I have no legal training but having read dozens or hundreds of legal defence son this forum (and on pepipoo forums too) you get an idea of what is included at each stage and what the typical legal defence points usually are

    what YOU should be doing is finding and adapting an already written legal defence statement from other members who are further along than you are, and also adding suitable additional points that you have mentioned in this thread

    yes it is but that is the nature of this legal beast and is something you will have to learn about quickly - ignorance of the law or procedures is no defence

    read my signature below , and note that this forum is not about legal matters as such, but the issues around parking tickets, not court cases
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • parkingissues
    • By parkingissues 7th Mar 18, 6:33 PM
    • 19 Posts
    • 2 Thanks
    parkingissues
    Case law to read here:

    http://forums.moneysavingexpert.com/showthread.php?p=73989301#post73989301

    Please ask for your 2 threads to be merged, as I for one won't be replying again until they are.
    Who do I ask for it to be merged, sorry I am not sure how to use this forum still.
    • Redx
    • By Redx 7th Mar 18, 6:35 PM
    • 18,119 Posts
    • 22,906 Thanks
    Redx
    one of the board guides listed at the bottom right of your screen when you have this parking forum up (not your thread), try soolin or crabman
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • parkingissues
    • By parkingissues 7th Mar 18, 6:48 PM
    • 19 Posts
    • 2 Thanks
    parkingissues
    I was hoping to find to find someone with a similar case to me, however I can't seem to find any. Could anyone give me any help, I've been reading these boards for hours!
    • parkingissues
    • By parkingissues 7th Mar 18, 7:05 PM
    • 19 Posts
    • 2 Thanks
    parkingissues
    I have had an defence from someone at pepipoo who kindly edited my draft, please could someone read over it? It would be really appreciated!

    I assert that I am not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:

    1. The Defendant was the registered keeper of the vehicle in question.
    The Defendant denies that he was the actual keeper of the vehicle from February to May 2017 when most of the parking notices were issued
    The vehicle had been vandalised and was impractical to repair
    It had therefore been given to a homeless person as a shelter

    The Defendant's lease imposes no requirement to display a permit or to have regard to the Claimant's signs
    Although the Defendant normally displayed a permit, this was as a courtesy and did not signify any recognition of the Claimant's authority.

    3. The Defendant had been specifically told by his landlord that "it was safe to park there" until the lease was renewed, possibly to introduce new parking conditions

    4 The Defendant disputes that the Claimant has any capacity to take legal action.
    The Claimant's Code of Practice requires that, if it is not the land-owner, its contract provides specific authority to take legal action
    The Claimant has issued and pursued parking notices under three different names
    The Defendant therefore has the reasonable belief that the Claimant does not have the legal capacity or even a contract and puts it to proof of the fact

    5. Even if its contract with the land-holder includes such legal capacity, the Claimant has none in the present case.
    It cannot offer any contract to the Defendant who already had the right to park the vehicle
    Neither could any contract exist if a permit was not displayed
    It is impossible to make a contract to perform an action that is forbidden
    Notwithstanding that the Defendant was authorised to park, a driver that parked without authorisation would be trespassing
    The only party with a remedy for trespass is the land-holder, not the Claimant
    Damages for trespass are limited to actual loss to the land-holder or, if none, the benefit gained by the trespasser

    6 During the period when the parking notices were issued there were no clear signs displayed by Claimant, in breach of its trade association code of practice
    The Claimant did not display adequate and legible signs until November 2017.
    The Defendant asserts that they were installed because the Claimant knew that the original signage was inadequate

    7 The Defendant denies that the vehicle was in breach of the Claimant's terms and conditions
    The Defendant further asserts that on many occasions, the vehicle was not even present when the parking notice was issued and that the operative reacted aggressively when photographic evidence was requested

    8 It is a matter of public record that the Claimant's operative has been prosecuted for harassment and a hate crime regarding the issue of parking notices
    The Defendant asserts that that the operative has issued the parking notices maliciously and not for the reasons stated
    The Defendant also notes that no other vehicles, parked in an identical manner, have been issued with parking notices

    9 The Defendant asserts that the operative, on occasions, obstructed his vehicle and prevented it from leaving for the purpose of issuing parking notices
    Restricting the movement of a vehicle is an offence under the Protection of Freedoms Act 2012 Section 54
    The Defendant has the reasonable belief that the vandalism that permanently immobilised the vehicle was performed by the operative

    9 Even if the vehicle had been in breach of the terms and conditions, there was only one breach and therefore only the first parking notice for the immobilised vehicle could be valid

    10 The Claimant has not marked any parking bays in the car park. As a result, the parking is disorganised and overcrowded
    Entrances and exits are frequently blocked
    Neither are there any loading bays for the businesses and in fact painted double yellow lines have been painted where such activities are required
    It would be impossible to operate several of the businesses at the location if the Claimant's terms and conditions were exactly followed
    The Defendant has the reasonable belief that the Claimant has not operated the car park in the interest of the land- and lease-holders.
    The Claimant has instead operated it to maximise its own income at the expense of the lease-holders

    The Defendant also counter-claims the sum of **** from the Claimant that he holds vicariously liable for the actions of its operative or such higher sum as the court awards

    The Claimant has failed to address:

    Its operative's tortious interference with the Defendant's property and business
    Harassment
    Destruction of the Defendant's property


    I believe the facts in this statement are true
    • soolin
    • By soolin 7th Mar 18, 7:22 PM
    • 60,328 Posts
    • 42,988 Thanks
    soolin
    I have merged al the threads into this one to keep all the replies together.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
    New to Forum? Guide
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 7:32 PM
    • 57,473 Posts
    • 71,074 Thanks
    Coupon-mad
    Redivi on pepipoo is a respected poster:

    http://forums.pepipoo.com/index.php?showtopic=119122

    Do you understand what is actually needed if you do a counter-claim, though? You have to pay a 25 fee and state a lot more detail if you want to claim something (not for your costs).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • parkingissues
    • By parkingissues 7th Mar 18, 7:46 PM
    • 19 Posts
    • 2 Thanks
    parkingissues
    Redivi on pepipoo is a respected poster:

    http://forums.pepipoo.com/index.php?showtopic=119122

    Do you understand what is actually needed if you do a counter-claim, though? You have to pay a 25 fee and state a lot more detail if you want to claim something (not for your costs).
    Yes, it was Redivi who did the edit of my original draft. Could I do a counterclaim later? I am trying to focus on getting this defence letter done by tomorrow.
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 8:38 PM
    • 57,473 Posts
    • 71,074 Thanks
    Coupon-mad
    Could I do a counterclaim later?
    Nope.

    Obviously you can claim your costs anyway if you win, at the hearing, but you will know that from the NEWBIES thread.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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