Hi all,

I live in a rented flat with resident parking underground. Recently my space was taken so I parked in the communal spaces for visitors etc in the above ground courtyard for which we are supposed to get a day ticket from our consierge to prove we live there.

2 months later to the day, I receive a court claim form, with a bonus PCN from 2014 added on ( I have no idea where this one is from) the POC just says

Non payment of parking charge notice C####### dated 3/10/14,

C###### dated 16/5/17 issued pursuant to the protection of freedoms act 2012 at (my building), the defendant (registered keeper) bring in breach of contract by parking contrary to the parking regulations set out within oursignage on site, costs pursuant to the beavis v parking eye Supreme Court ruling 2015.


At night there are small signs, unlit, with the penalty charges,the amount claimed in the letter is £260 plus £25.

Im putting together a defence from various forums with the generic stuff about signage etc, what I can't find is

1. somewhere to say that cpms haven't sent me any letters e.g. notice to keeper which I assume is necessary in order to jump to a court case.

2. The 2014 penalty notice I have no idea where it is from, don't they have to elaborate more in their POC? How would I fit that into defence if its valid?

As I don't get all my post sent directly to me I have only 24 hours left to submit a defence, (I've already used the full 28 days) and I had no idea so much help was out there for this sort of thing!

Any help would be awesome, thanks

Dan

What does your lease/tenancy agreement say about parking?

Read this - plus there are a number of others there too.

http://parking-prankster.blogspot.co.uk/20...group-lose.html

I don't actually have a lease agreement as a friend owns the flat and I unofficially rent off him, however I imagine it says that the parking outside is private parking and you can't park there unless you have a day ticket which I didn't.

What is date on claim form?

Did you acknowledge service within 14 days of the claim form being served?

You need to get your post organised properly! What address is on your V5C?

Yes I know I do! Most of my post gets sent to my family home in London, also where my car is registered etc. However I spend most of my time in Manchester as I work there but move around a lot so find it easier to keep my post etc going to an address that isn't going to change every year.

Issue date was 14/7/17, and yes I acknowledged the claim within 14 days.

So post up the draft defence you've prepared so far since receiving the claim form.

Yes, meaning you have had a further 14 days. Not 24 hours.

You have 28 days PLUS 5 days from date of issue

In this time you didnt think to get your mates lease out and see what it says? Imagine all you like

My guess is, given how woeful you are at taking thsi seriously, you shoudl pay up. I dont rate your chances.

I am taking this very seriously thank you. It was issued on the 14th July, plus 5 days plus further 28 is tomorrow, therefore, I have 24 hours from now to complete my defence.

Ive quite specifically asked about 2 points in my defence which I'm struggling to work out if they are relevant or not and how to include them if they are. As I rent the room for cash, and haven't actually signed a contract I was under the impression it was irrelevant what the lease would say as I have not actually sighed anything. Correct me if I'm wrong and ill gladly go through the parking particulars in the lease.

Why don't you copy & adapt the brilliantly succinct yet detailed, 'own space' defence written by (solicitor) Johnersh on MSE?

http://forums.moneysavingexpert.com/showthread.php?t=4816822

In post #2 there, linked & explained. I've given you the entire thread as you may need to refer back to it at each stage for how to fill each form in, and how to prepare a Witness Statement in readiness for your hearing in a couple of months.

Thanks for that link, that defence is much better than what I've got prepared so far. Definitely what I was looked for in terms of the vagueness of the POC.

Anything similarly useful anywhere in which someone has been taken to court without getting a single NtK/solicitor letter etc. Or am I wasting my time with something irrelevant there?

You are renting from the leaseholder with their permission so their lease terms apply equally to you. You will need a witness statement from them confirming you have their permission included with your witness statement.



If its because they did not send them then yes its a line of defence, but you postal arrangements could also be the cause. You can include in your defence that you have not received them and then see what appears from the PPC in their submission. They do not like paying for post so use bulk postal houses not first class so they are on a stick wicket trying to prove these documents have been served correctly as they will have no proof of post.

Ok, ill see if I can get hold of the lease.

I definitely did not get any previous letters from then. Sometimes theres a delay in my post reaching me but it never goes missing, and I've been through every piece I've gotten in the last 3 months and definitely the first thing that arrived was the county court letter.

Not sure how you can swear on oath the letters were not delivered since you were not at the address to receive them.

You can only say for sure they have never been forwarded to you.

I wasn't expecting my personal organisation skills and the reliability of my post collection system to come under such scrutiny on this forum!!

Thanks for all the tips guys, coming together nicely, however, when I try to enter it onto the online form it only lets me have 120 lines, most of the examples on the forums are way over this. Are the 'defence particulars' not where I put my full defence?

Best to know in advance what the judge is going to pick up on so you are ready to respond.

You submit the defence by email or post.

Print it out, sign it under the statement of truth, date it, then scan it and attach it to an email to the CCBC email address like everyone else does, all explained in post #2 of the link I gave you earlier. Do that in the morning.



The linked thread tells you clearly, NOT to use MCOL for the defence.

OP...Are you Nikkip02 posting here . http://forums.pepipoo.com/index.php?showtopic=115243&hl=