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VCS - regarding a residential parking spot
OneSaidFred
post Wed, 1 Aug 2018 - 18:26
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Dear forum users,

I thought I would share my experience so far, as well as look for some pre-emptive guidance at certain stages which I am not sure about/hesitant. I have spent a lot of time on the MSE website, taking down notes on each stage up to a request to go to court. Here are the key points so far:

1) I am a private tenant in a block of flats in which a lettings agency manages the property on behalf of the landlord.
2) I am allocated one designated parking spot as per my AST (tenancy agreement) - the AST makes no reference to me having to display a parking permit.
3) I was issued with a parking permit from the property management company (who i assume own or manage the lease) a month after moving into the property several months ago.
4) I supplied my reg number to the management company as they said they would not issue a visitors permit (for a handful of bays) without it. I provided it and they supplied it accordingly.
5) I have since been displaying a "permit" in my car for the last few months.
6) The plastic sticky wallet holding the permit to my windscreen fell off (I can only assume due to the hot weather) and landed in the footwell. As I did not attend to my car for the 2 days following this, I arrived to my horror at my car (in my designated spot) with 2 Red/Black cards attached saying "this is not a parking charge notice" from Vehicle Control Services Ltd.
7) Following advice on the MSE forums, I waited for the NTK (x2) to show up.
8) In the last few days I have submitted their appeal template via myparkingcharge website making no mention of any driver and only myself as the keeper and now await for the inevitable rejection.

My questions and concerns are as follows:

A) My tenancy agreement makes no reference to the property management company, VCS or that I have to display any kind of permit.
B) I have never seen, or been made to see, a copy of any lease that the landlord may be subject to, therefore have no knowledge of whether this lease states anything about a permit. Does this matter? Am I protected via the AST?
C) I don't really want to start harassing my Lettings Agent on the grounds that they are in charge of nearly 2 months worth of rent as a deposit, and they could easily start harassing me when I come to leave the property by making minor claims on my deposit etc... Is there any way to leave them out of this or would you say this isn't possible?
D) MSE makes the point of not appealing, when asked to, to the IPC on the grounds of it being a waste of time and a "kangaroo court" - is the court going to look unfavourably if I don't do this?
E) What am I likely to expect from this point onwards and on what timescales?
F) What am I ignoring, and what am I responding to if received? I am aware not to ignore a letter about attending court, but how is this received?

Any help and guidance would be greatly appreciated. The work you people do here, alongside other websites, makes me feel like there is hope for humanity yet...
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OneSaidFred
post Sat, 27 Oct 2018 - 18:02
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Ok - here is the title:

A: Property Register
This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.
[redacted]
1: (01.08.2005) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being [Address redacted]
NOTE: As to the part tinted blue on the title plan only the Fifth Floor Apartment is included.
2: (01.08.2005) Short particulars of the lease(s) (or under-lease(s)) under which the land is held:
Date : [redacted]
Term : 125 years from [date redacted]
Parties : (1) [redacted], (2) [redacted], (3) [landlord]
3: (01.08.2005) There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease.
4: (01.08.2005) The land has the benefit of the rights granted by a Deed dated [redacted] made between (1) [redacted] and (2) [Landlord] for a term of 125 years from [redacted].
¬NOTE: Copy filed.
5: (01.08.2005) The lessor's title is registered.
6: Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.


Going by this, it indicates the copy filed - as for the OC2 form - I'm struggling to work out what I am to put into section 7 of the OC2 form - is the nature of the document just "Lease" and the date of the document what I have redacted above in bold?

This post has been edited by OneSaidFred: Sat, 27 Oct 2018 - 18:04
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Eljayjay
post Sat, 27 Oct 2018 - 19:25
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I think it is almost certainly "lease" and the redacted date which you need to enter on the form OC2.

If you are in any date, however, the Land Registry would be the best place to ask.
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OneSaidFred
post Sat, 27 Oct 2018 - 20:32
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Great, I'll call them on Monday and then report back once I get the lease.

In the meantime, would quite like to make a start on the reply to the LBC. I have until the 20th November to respond fyi. (I noticed they decided to send me this 2nd class this time as they say "30 days from the date of this letter" - funny that?)
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OneSaidFred
post Thu, 8 Nov 2018 - 18:10
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Ok, I have the lease now. Please can you take a look in the link? (relevant info redacted)

https://imgur.com/a/qrLfDoA

Is this the lease I am after? Page 1/2 seem to mention another lease?
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OneSaidFred
post Thu, 8 Nov 2018 - 18:59
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With regards writing a response to the LBC (not long left now), do I need to mention the lease (see above post #24)/tenancy agreement at all or is this only for building a defence once it gets to court?

If anyone has any up to date letter templates or things I should/must/must not mention in my response, please let me know. Your ongoing help with this has and continues to be immensely helpful and educational.

Thanks
Fred
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Eljayjay
post Thu, 8 Nov 2018 - 20:27
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Generally, one lease covers everything.

In your case, however, it appears that there is a head lease covering most of the obligations and rights of the parties thereto but also the lease which you have posted dealing with parking.

Get the head lease too.

What was the date of the letter of/before claim/action?
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nosferatu1001
post Thu, 8 Nov 2018 - 20:51
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You would of course include excerpts from the lease; you have a duty to narrow the points of disagreement and this does So!

Rights to use the parking space and a right to peaceful enjoyment.
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OneSaidFred
post Fri, 9 Nov 2018 - 17:35
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QUOTE (Eljayjay @ Thu, 8 Nov 2018 - 20:27) *
What was the date of the letter of/before claim/action?


19th October
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SchoolRunMum
post Sat, 10 Nov 2018 - 16:11
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QUOTE
With regards writing a response to the LBC (not long left now), do I need to mention the lease (see above post #24)/tenancy agreement at all or is this only for building a defence once it gets to court?
Yes. And send a SAR to VCS asking for all info held, all data stored, case updates, shared data and all photos taken on the material dates.

You can find where to send a SAR in any firm's Privacy Page and I'm sure VCS have one on their website. Use email if a Data Protection Officer (DPO) email addy is given.

QUOTE
The plastic sticky wallet holding the permit to my windscreen fell off (I can only assume due to the hot weather) and landed in the footwell. As I did not attend to my car for the 2 days following this, I arrived to my horror at my car (in my designated spot) with 2 Red/Black cards attached saying "this is not a parking charge notice" from Vehicle Control Services Ltd.

OK, those are defendable and as you say, were not a PCN anyway. And you have primacy of contract as a defence argument, because your AST requires no permit to be displayed.

QUOTE
If anyone has any up to date letter templates


Please do NOT be steered into using some misconceived template to a LBC or to rely on just one poster who tells you what to do and when without anyone else's input. You will see too many residential cases on here are currently being steered one way with no eye for detail, no bespoke consideration of the case. Not a good way to respond and it's a serious rash blighting this forum at the moment, IMHO.

Just send the SAR to their DPO and reply to the LBC separately to the litigation team (email should be at the bottom of their letters) showing them your AST and asking them to restrict data processing whilst the SAR is replied to and to freeze and restart the 30 day reply period once the SAR reply reaches you, to give you time to read the data they hold, and indeed for them to reconsider their position, given your tenancy agreement that does not require a permit to be displayed.

You really need to tell your MA (and get your landlord to support this) that you opt OUT of any permit scheme as it is purely being used to target residents and is a private nuisance impacting on your peaceful enjoyment of the property.
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OneSaidFred
post Sun, 11 Nov 2018 - 15:06
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Thanks for your reply SRM, and I agree with what you're saying. My response might imply laziness but I am a sucker for detail so just wanted to make sure I have researched enough for me to feel comfortable in my response.

I have started my response to the LBC, but thought I would share some images which I don't think were initially shared on this forum:

Initial notice on the car:
https://imgur.com/a/dPgSSgN
https://imgur.com/a/WIUZX61

6 days later I receive an amalgamated "PCN / NTK" and have clearly requested my details from the DVLA:
https://imgur.com/a/bBlxU0u

I have mentioned Primacy of Contract and that my AST makes no mention of any parking scheme or need to display a permit. I am supposed to be providing them with a copy of this contract, is that correct? I have also provided copies of Land Registry documents showing the space in question is clearly mine. I have mentioned that any display of a so called "permit" is purely for convenience to maintain quite enjoyment of the property, as set out in the agreement, and is by no means any acceptance of any "contract" or requirement.

I feel like this is enough, but should I be mentioning anything else? I don't intend to make any counter claim at this point, and unlikely to in the future.
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OneSaidFred
post Sun, 11 Nov 2018 - 16:38
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This is my response to the LBC so far:

Dear Sirs,
RE: XXXX
I am writing, as keeper of the vehicle in question, in reply to your Letter Before Claims dated XXXX for the above “outstanding liabilities”. You may also wish to refer back to your previous letters.
Your so called “debts” are disputed for the following reason:
1) Authority to Park and Primacy of Contract
I am bound to an Assured Shorthold Tenancy agreement at the premises of XXXX and so this has primacy of contract over any restrictions you, or any other third-party, place on the land, namely the parking bay in question. I have enclosed a copy of this agreement for your reference. The contract contains no clauses requiring a permit to park, nor any clause requiring me to make payments to any third party who is a stranger to that contract. I have also enclosed appropriate excerpts from The Land Registry for the property which shows that I have full access and right of use of this parking bay.
I have, under no circumstances, been offered any “contract” to opt-in to any “permit scheme” for the area of land in question, nor do I intend to do so. Any display of a so called “permit” is purely for convenience and is absolutely no acceptance of any “contract” or requirement.
The issuing “liabilities” are therefore unlawful and thus void.

Next Steps
I request that you cease all proceedings against me and consider these two “outstanding liabilities” withdrawn and thus this dispute fully resolved. I require this in writing within the next 30 calendar days from the date at the top of this letter. If you wish to pursue me further, I will also require this in writing within the next 30 calendar days from the date at the top of this letter and will also require that you provide me with the following information:
a) Whether you are pursuing me as driver or keeper
b) Whether you are relying on the provisions of Schedule 4 of POFA 2012
c) An explanation of the cause of action
d) What the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
e) A copy of the contract with the landowner under which they assert authority to bring the claim
f) A copy of any alleged contract with the driver
g) A plan showing where any signs were displayed
h) Details of the signs displayed (size of sign, size of font, height at which displayed)
i) If you have added anything on to the original charge, what that represents and how it has been calculated
I am clearly entitled to this information under paragraphs 6(a) and 6© of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

Yours Faithfully,
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SchoolRunMum
post Sun, 11 Nov 2018 - 21:31
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Yes that's fine. Attach your proof of primacy of contract over the parking space.

And always send a SAR online to the DPO of the parking firm, too, which is not the same as replying to the LBC.


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OneSaidFred
post Mon, 12 Nov 2018 - 22:08
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QUOTE (SchoolRunMum @ Sun, 11 Nov 2018 - 21:31) *
Yes that's fine. Attach your proof of primacy of contract over the parking space.

And always send a SAR online to the DPO of the parking firm, too, which is not the same as replying to the LBC.


Great thanks, and absolutely I will!
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OneSaidFred
post Tue, 20 Nov 2018 - 21:15
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QUOTE (Eljayjay @ Thu, 8 Nov 2018 - 20:27) *
Generally, one lease covers everything.

In your case, however, it appears that there is a head lease covering most of the obligations and rights of the parties thereto but also the lease which you have posted dealing with parking.

Get the head lease too.


Managed to get hold of the other two leases (suitably redacted at work). Hopefully these links work ok and you can make sense of what these mean? The fact that there appears to be three leases for the one property is crazy to me...

http://www.filedropper.com/lred
http://www.filedropper.com/l2mco

Let me know if there are any problems.

I look forward to your responses as always.
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OneSaidFred
post Sun, 6 Jan 2019 - 19:45
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Good evening everyone, I hope you are all well:

Update regarding this thread - I have had County Court Claim Forms through (x2) for the cases.

Today I have spent the majority of the afternoon making sure I have all my paperwork/evidence in order. I have read the claim forms fully and understanding what I need to do, both via the forms received and also the internet. I have now submitted 2x Acknowledgement of service forms online through government gateway stating that I wish to fully dispute the claims. The issue date was 28th December, so I believe I have until the 30th January 2019 to submit my defence in full (with the intention of submitting at least a few days before this). I have set alarms for the day, day before, 2 days before, 3 days before and 1 week before so that everything runs smoothly.

1) I have a list of cases which could be referenced in my favour including the following:
    Jopson v Home Guard [2016] B96F0A9E
    PACE v Mr N. [2016] C6GF14F0
    Link Parking v Ms P [2016] C7GF50J7


2) I have a list of defence templates (similar to my case) which I intend to study but by no means copy and paste:


If anyone has anything of note that I should add or consider, please let me know!

I requested copies of the lease from my lettings agency (see post #34). I have re-posted these again below:
http://www.filedropper.com/leaseredacted
http://www.filedropper.com/leasetomancoredacted

They have provided me with unsigned versions of the lease, so does this mean they are not valid as evidence in the court? The only signed copy I have is the one (see post #24) from the Land Registry which refers to these leases.

I received no response from VCS to my LBC response letter requests. Does this mean they have breached pre-court proceeding protocol by not providing me with what I requested within the 30 days I specifically stated? Please advise on this please and whether this can be input in my defence?

Also, can anyone point me in the right direction to obtain case files for the cases listed above? Is there a website which allows me to obtain these?

I look forward to reading your responses and guidance.

Regards
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SchoolRunMum
post Sun, 6 Jan 2019 - 23:00
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QUOTE
I have read the claim forms fully and understanding what I need to do, both via the forms received and also the internet. I have now submitted 2x Acknowledgement of service forms online through government gateway stating that I wish to fully dispute the claims. The issue date was 28th December, so I believe I have until the 30th January 2019 to submit my defence in full (with the intention of submitting at least a few days before this). I have set alarms for the day, day before, 2 days before, 3 days before and 1 week before so that everything runs smoothly.

Good stuff.

You appear to have your head around this very well.

Just don't base your defence on one of the lengthy ones forum-bombed all over MSE and pepipoo by Eljayjay in 2018, on every residential thread.

Avoid those and show us yours!

P.S. I see your only pepipoo link is to an Eljayjay'defence'.

Just no...
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OneSaidFred
post Fri, 25 Jan 2019 - 00:09
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Here is my draft defence. I am uncertain about points 7.1, 9., 13. and 13.1 - please advise. Many thanks:


IN THE COUNTY COURT BUSINESS CENTRE
Claim No.: XXXXX
Between
Vehicle Control Services Limited
(Claimant)

-and-

[NAME OF DEFENDANT]
(Defendant)


DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. It is admitted that, at all material times, the Defendant was the registered keeper of the XXX with vehicle registration number XXX which is the subject of these proceedings.

3. It is admitted that, at all material times, the Defendant's vehicle was parked at [location] in the correct parking space allocated to his apartment XXX.

4. The Defendant has held an Assured Shorthold Tenancy agreement at XXX (the “Premises”) between himself and XXX (the “Landlord”) where the Landlord has let to the Defendant (i.e. the “Tenant”) the Premises for a period of 24 months, with the tenancy starting on and including the XXX and shall end on and include the XXX. This agreement was brokered and administered via XXX (the “Agent”). A copy of the tenancy agreement will be provided to the Court.

5. Under the terms of the Defendant’s tenancy agreement, a number of references are made to conditions of parking motor vehicles:
“SCHEDULE 1
OBLIGATIONS OF THE TENANT
Cars and Parking
15.1. To park a private vehicle only at the Premises.
15.2. To park in the car parking space, garage or driveway allocated to the Premises, 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 Premises that is not in road worthy condition and fully taxed.
SCHEDULE 6
SPECIAL CONDITIONS
Special clauses individually negotiated between Landlord and Tenant
1. Including one allocated parking and use of bike shed.”

6. There are no terms within the tenancy agreement requiring the Tenant to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of the same.

7. It is noted that within the terms of the tenancy, references are made to a head lease:
“THE MAIN TERMS OF THE TENANCY
6. Definitions and Interpretation
In this Agreement the following definitions and interpretation apply:
o) "Head Lease" or "Superior Lease" means the document which sets out the promises the Landlord
has made to the Superior Landlord. The promises contained in this Head Lease will bind the Tenant
if he has prior knowledge of those promises.
SCHEDULE 1
OBLIGATIONS OF THE TENANT
21. Head Lease
21.1. To comply with the obligations of the Head Lease provided a copy of the obligations is attached to
this Agreement.”

7.1. The Defendant received no such copy of the Head Lease with the agreement and therefore had no prior knowledge of any promises, should any exist, made to the Superior Landlord by the Landlord and therefore, as per the tenancy agreement, the Defendant cannot be bound to such promises until such promises present themselves to actually exist. The Defendant therefore has no contract with and thus any direct obligation to the Superior Landlord.

7.2. Relevant leases have been provided to the Defendant by the Agent, after the alleged contravention took place, upon his own request. Copies of these leases which were provided to the Defendant will be provided to the Court, along with the correspondence between the Defendant and the Agent.

7.3. A current title number and current title plan were requested from HM Land Registry by the Defendant, after the alleged contravention took place, upon his own request. A copy of these documents will be provided to the Court.

7.4. A further relevant lease was requested from HM Land Registry by the Defendant, after the alleged contravention took place, upon his own request. A copy of this lease will be provided to the Court.

7.4.1. A party to the lease is a management company known as “the Company”. The Company is not the owner or the occupier of the allocated parking space and, in consequence, is not endowed with the powers usually exercised by an owner or occupier.

7.4.2. The relationship between the Defendant’s Landlord and the Company is governed directly by the lease, not via any contract with the Claimant.

7.4.3. If the Company has imposed any such regulations in accordance with any specific clause, should it exist, the Defendant has never been presented with a copy of those regulations.

7.4.4. The Defendant has no contract with the Company and does not, therefore, have any direct obligation to the Company.

7.5. If the Defendant had breached any term or condition of his tenancy agreement, which is denied, that would be a matter for the Defendant and his Landlord to resolve.

7.6. It may be that any breach of the tenancy agreement by the Defendant may result in his Landlord being in breach of his lease. However, in that event, the Lessor’s remedy would be to seek damages, not a parking charge, from the Defendant’s Landlord and/or to seek an injunction ordering the Defendant’s Landlord.

7.7. Consequently, neither the Company nor its agents, if any, have any standing in relation to the claim.

8. The Defendant, at all material times, parked in accordance with the terms granted by the tenancy agreement. 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 tenancy agreement. Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct.

9. In this case the Claimant has taken over the location and runs a business as if the site were a public car park, offering terms with £100 penalty on the same basis to residents, as is on offer to the general public and trespassers. However, residents are granted a right to park/rights of way and to peaceful enjoyment, and parking terms under a new and onerous 'permit/licence' cannot be re-offered as a contract by a third party. This interferes with the terms of leases and tenancy agreements, none of which is this parking firm a party to, and neither have they bothered to check for any rights or easements that their regime will interfere with (the Claimant is put to strict proof). This causes a substantial and unreasonable interference with the Defendant's property, or his use or enjoyment of that property.

10. It is denied that the Claimant has standing to bring any claim in the absence of a contract that expressly permits the Claimant to do so, in addition to merely undertaking parking management. The Claimant has provided no proof of any such entitlement.

11. The Claimant may rely on the case of ParkingEye v Beavis [2015] UKSC 67 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.

12. The Claimant has added an additional sum of £60 to the original £100 parking charge, for which no explanation or justification has been provided. Schedule 4 of the Protection Of Freedoms Act, at 4(5), states that the maximum sum which can be recovered is that specified in the Notice to Keeper, which is £100 in this instance. It is submitted that this is an attempt at double recovery by the Claimant, which the Court should not uphold, even in the event that Judgment for Claimant is awarded.

13. In the tenancy agreement, it states the following:
“SCHEDULE 2
CONDITIONS TO BE KEPT BY THE LANDLORD
1. Quiet Enjoyment
1.1. To allow the Tenant to quietly hold and enjoy the Premises during the Tenancy without any unlawful
interruption by the Landlord or any person rightfully claiming under, through or in trust for the
Landlord.”

13.1 The Defendant is confident that he has met and will continue to meet the obligations and conditions he has to his Landlord through his tenancy agreement. The Defendant being harassed to the point of being taken to Court over non-payment of a parking charge, which the Defendant regards as being not only invalid but also exorbitant and disproportionate, is hardly likely to smooth the way to quiet enjoyment of the property by the Landlord.

13. For all or any of the reasons stated above, the Court is invited to dismiss the Claim in its entirety, and to award the Defendant such costs as are allowable on the small claims track, pursuant to Civil Procedure Rule 27.14. Given that the claim is based on an alleged contractual parking charge of £100 - already significantly inflated and mostly representing profit, as was found in Beavis - but the amount claimed on the claim form is inexplicably £160.00, the Defendant avers that this inflation of the considered amount is a gross abuse of process.

13.1. It is admitted that interest may be applicable, subject to the discretion of the Court on any sum (if awarded), but it is denied that interest is applicable on the total sums claimed by the Claimant.

14. Given that it appears that this Claimant's conduct provides for no cause of action, and this is intentional and contumelious, the Claimant's claim must fail and the court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4..

14.1. In the alternative, the Court is invited, under the Judge's own discretionary case management powers, to set a preliminary hearing to examine the question of this Claimant's substantial interference with easements, rights and 'primacy of contract' of residents at this site, to put an end to not only this litigation but to send a clear message to the Claimant to case wasting the court's time by bringing beleaguered residents to court under excuse of a contractual breach that cannot lawfully exist.

STATEMENT OF TRUTH
The defendant believes that the facts stated in the defence are true.
Signed:
Date:
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nosferatu1001
post Fri, 25 Jan 2019 - 10:12
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Its very long, partly with the quotes from the lease included


I would cut them down, so for example 15.3 and 15.4

For 5 and 6, dont have them seperately. THink of a defence as Argument: Explanation

SO you could reformulate as:

5: The Defendant has the right to park a vehicle granted by the Tenancy Agreement, whcih does not require the display of a permit. The claimant has no consideration to offer the defendant that the defendant does not already possess. The relevant paragraphs of the agreement are... and the documetn will be exhibited in the documents bundle

Then include the short excerpt abotu parking ONLY - not removing the car etc.

You can then have a new 6:
6: even if the claimant claims the vehicle was in breach of any of the enumerated requirements, which they do not, as a third party they have no rights to enforce any of the terms of my lease, or of the head lease.

7) Your defence is the LEGAL ARGUMENt, it doesnot contain the proof, and there is no link here that I can see. In fact ALL of 7 is really fodder for a witness statement!
You can shorten it: state that while a HEad Lease is part of the agreement, your copy of the head lease contains no requirement to display a permit, does not override your right to park granted by the agreement, and therefore the claiant is still without any possible consideration they can offer that the Defendant does nto already posess.

Maybe swap the new 6 and 7 around - so you talk about the lease, then head lease, then the fact that the claimant has no standing to enforce the terms of either lease anyway.

8) ... as no contract was entered into, by intention or by conduct.

9) is a bit repetitious

12) If you are defending as a DRIVER, which your 8) states, then you cannot use the protection of freedoms act maximum amount. What you can do is state that the £60 has not been paid by the claiant, no such costs are incurred as the "debt collection" firm used offers no collection, no fee.

13) Again, rememebr you need LEGAL ARGUMENT FIRST. You do not just add a random sentence

Also, where is this a defence? It is groudns for a counterclaim, but not, I would argue, a defence.

You then have ANOTHER 13!
In tjhe second 13 you ask the court to strike out, and you do the same in 14. Dont.


the key is that your defence must be concise, based on argumetns first and dsicussion second, and not try to add a narrative
Remember that you will be able to exaplin the sequence of events in your witness statement, so the long para about the head lease can go there if you need to. It is also the place where you will exhibit your documents, such as the lease and head lease.
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OneSaidFred
post Sat, 26 Jan 2019 - 11:28
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QUOTE (nosferatu1001 @ Fri, 25 Jan 2019 - 10:12) *
12) If you are defending as a DRIVER, which your 8) states, then you cannot use the protection of freedoms act maximum amount. What you can do is state that the £60 has not been paid by the claiant, no such costs are incurred as the "debt collection" firm used offers no collection, no fee.

Brilliant - many thanks for your analysis and taking time to give a response.

With regards your point here - If I change the wording in my point 8) to say something like "The Defendant, at all material times, kept a vehicle in the designated allocated parking bay in accordance with the terms granted by the Tenancy Agreement" - can I continue to use point 12 to mention the POFA maximum amount or would you just recommend dropping the keeper argument at this point?
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Eljayjay
post Sat, 26 Jan 2019 - 22:30
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You may wish to have a read of posts #6 and #69 in lucere’s thread.
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