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  • FIRST POST
    • Bilbo1995
    • By Bilbo1995 15th Apr 19, 1:01 PM
    • 3Posts
    • 0Thanks
    Bilbo1995
    County court claim received from Gladstones on behalf of UKCPM
    • #1
    • 15th Apr 19, 1:01 PM
    County court claim received from Gladstones on behalf of UKCPM 15th Apr 19 at 1:01 PM
    So I received a county court claim with issue date 8th April 2019. I have already acknowledged the service online.

    With regards to the case I received a PCN in march last year for parking in an unallocated space in the apartment complex that I live in. On this particular day my permit had fallen into the footwell and was not visible.

    In terms of my defence I plan to base it on inadequate signage as there are 3 different types of spaces in the complex operated by two different companies (UKCPM and Parking and Property Management). There are also 2 different signs for the 3 different types of space. None of these signs are particularly easy to read and this creates a lot of confusion.

    I was also planning on referring to primacy of contract but after checking my tenancy agreement it doesn't actually state that I have a right to park regardless of the rules.

    My defence is as follows:


    1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

    2. The facts of the matter are that the Defendant is a resident at the address, and has continued to hold a valid parking permit for car parking for the entire tenancy. The ‘land’ which forms the basis of the current claim consists of 3 different types of poorly marked parking spaces located in a large apartment complex with 2 different types of inadequate signage, neither of which state that they do not cover parking for the entire property. Given this lack of clarity regarding how or where a resident with a parking permit is, or is not, allowed to park in this car park, no contract can be construed from the Claimant's signage, under the contra proferentem principle.

    3. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

    4. The IPC guidelines state that signage at the entrance to the site should ‘Make it clear that the motorist is entering onto private land’. The signage at the entrance to the site in question does not display this information

    5. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

    6. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

    7. The Defendant has the reasonable belief that the Claimant has not incurred 60 costs to pursue an alleged 100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case 100.

    8. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

    Statement of Truth:

    I believe that the facts stated in this Defence are true.

    Name
    Signature
    Date


    Is this a good enough defence, is there anything else I should add?

    A lot of the other defenses/cases I looked at refer to other previous cases to support theirs, is this something I should add?

    Also I was relatively new to the complex at the time of the PCN, only lived there 3 weeks, should I add this in to say that as a new tenant the signage and rules as to where I can and cannot park were very unclear.

    Thanks in advance for any help
Page 1
    • KeithP
    • By KeithP 15th Apr 19, 2:15 PM
    • 14,317 Posts
    • 16,303 Thanks
    KeithP
    • #2
    • 15th Apr 19, 2:15 PM
    • #2
    • 15th Apr 19, 2:15 PM
    I received a county court claim with issue date 8th April 2019. I have already acknowledged the service online.
    Originally posted by Bilbo1995
    With a Claim Issue Date of 8th April, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 13th May 2019 to file your Defence.

    That's four weeks away. Loads of time to produce a perfect Defence and it is good to see that you are not leaving it to the last minute.


    When you are happy with the content, your Defence should be filed via email as suggested 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 "defence received". If not chase the CCBC until it is.
    7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
    .
    • Coupon-mad
    • By Coupon-mad 15th Apr 19, 5:08 PM
    • 70,385 Posts
    • 82,950 Thanks
    Coupon-mad
    • #3
    • 15th Apr 19, 5:08 PM
    • #3
    • 15th Apr 19, 5:08 PM
    In terms of my defence I plan to base it on inadequate signage as there are 3 different types of spaces in the complex operated by two different companies (UKCPM and Parking and Property Management). There are also 2 different signs for the 3 different types of space. None of these signs are particularly easy to read and this creates a lot of confusion.
    That is all true, to paint a picture of unclear terms even for residents, but isn't the PCN for not displaying a permit?

    I was also planning on referring to primacy of contract but after checking my tenancy agreement it doesn't actually state that I have a right to park regardless of the rules.
    Of course it doesn't. How does that matter?

    Of course YOU MUST include your primacy of contract as a huge issue!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Bilbo1995
    • By Bilbo1995 16th Apr 19, 12:49 PM
    • 3 Posts
    • 0 Thanks
    Bilbo1995
    • #4
    • 16th Apr 19, 12:49 PM
    • #4
    • 16th Apr 19, 12:49 PM
    Of course it doesn't. How does that matter?

    Of course YOU MUST include your primacy of contract as a huge issue!
    Sorry I may not have made it clear in the original post but I don't think I have primacy of contract, my contract doesn't include an allocated space and I don't think the wording gives me the unfettered right to park.

    This is the exact wording so correct me if I'm wrong

    15. Cars and Parking
    15.1. To park a private vehicle only at the Property.
    15.2. To park in the car parking space, garage or driveway allocated to the Property, if applicable.
    15.3. To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of
    any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
    15.4. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
    15.5. Not to park any vehicle at the Property that is not in road worthy condition and fully taxed.

    That is all true, to paint a picture of unclear terms even for residents, but isn't the PCN for not displaying a permit
    Yes, the PCN is for not displaying a permit but I thought given that I was unsure on the primacy of contract and after reading other defences that this approach was the best defence. Should I include something else or use something else as my main defence?

    Thanks for the help
    Last edited by Bilbo1995; 16-04-2019 at 2:16 PM.
    • Bilbo1995
    • By Bilbo1995 18th Apr 19, 5:04 PM
    • 3 Posts
    • 0 Thanks
    Bilbo1995
    • #5
    • 18th Apr 19, 5:04 PM
    • #5
    • 18th Apr 19, 5:04 PM
    Bump. Would I be able to get a bit more information on this. I want to do some more research and try and improve my defence but I'm not sure after what Coupon mad said if I'm barking up the wrong tree. Is what I've done the best approach to take or should I base my defence on something else?
    • Coupon-mad
    • By Coupon-mad 18th Apr 19, 6:08 PM
    • 70,385 Posts
    • 82,950 Thanks
    Coupon-mad
    • #6
    • 18th Apr 19, 6:08 PM
    • #6
    • 18th Apr 19, 6:08 PM
    In terms of my defence I plan to base it on inadequate signage as there are 3 different types of spaces in the complex operated by two different companies (UKCPM and Parking and Property Management). There are also 2 different signs for the 3 different types of space. None of these signs are particularly easy to read and this creates a lot of confusion.
    The above wording in your post to us, is much clearer than your defence, which doesn't mention two companies by name (I hope you've taken photos already, in case they remove the old PPM signs!):
    2. The facts of the matter are that the Defendant is a resident at the address, and has continued to hold a valid parking permit for car parking for the entire tenancy. The ‘land’ which forms the basis of the current claim consists of 3 different types of poorly marked parking spaces located in a large apartment complex with 2 different types of inadequate signage,

    I was relatively new to the complex at the time of the PCN, only lived there 3 weeks, should I add this in to say that as a new tenant the signage and rules as to where I can and cannot park were very unclear.
    Yes and say that, whilst a permit had been provided, no agreement was signed that create any 'relevant obligation' to display it and you were simply following what you were told to do and had no idea about ant 100 penalty for not doing something the Defendant had no idea was such an onerous obligation.

    And this:
    I was also planning on referring to primacy of contract
    Yes, you are relying on your contract with the landlord or Housing Association which was silent about needing to display a permit to avoid a huge charge.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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