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tyson987
I have received 2 county court claims from BW Legal for PCNs issued by Armtrac on my own parking space. One of which a ticket was placed on the car windscreen, the other for which no ticket was received.

Their claim states that I had not displayed a valid permit. I had never been issued with any permit by the management company but displayed the permit that had been given to me by the previous owner of the property. As my car is a company car, they have already been notified of my details as the driver by myself for one PCN and my employer (via the lease company and DVLA) for the other.

I have done SARS request to Armtrac and received a stack of letters from them in return which are quite different to the ones that I have actually received from them.

I have already sent the acknowledgment and the below response to the initial court claim documentation with copies of all the letters that I have sent to both Armtrac and BW legal stating pretty much the same since thing since the first communication from Armtrac.

I deny all of the allegations in this claim as I do not believe that this parking charge is valid for the following reasons:

1. I am a shareholder of XXX Limited, the owner of the land (see appendix 1)
2. I am the leaseholder of XXX and the associated parking space (appendix 2)
3. The landlords covenants in the leaseholders agreement states “to permit the Tenant peaceably and quietly to hold and enjoy the premises without any interruption or disburbance from the landlord or those claiming under it.” (appendix 3).There also is no mention in the deeds of any type of parking permit to be displayed.

Despite my request to Armtrac Security Services and their representatives (letters appendix 6 and 8) for a copy of their contracts or agreements with the landholders (XXXXXX) to issue tickets or any other agreements that could unilaterally amend my leasehold agreement with the land owner (XXXXXX), none have been provided.

I have also notified Armtrac Security and their legal representatives (appendix 5f &6) of a body of case law which has established that, under primacy of contract, the leasehold agreement with the landlord will override any other agreements or contracts that have been made (details below).
Pace v Mr N [2016] C6GF14F0 [2016] where it was found that the parking company could not override the tenant's right to park by requiring a permit to park.
Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant's right to park by requiring a permit to park.

4. The correct parking permit (as issued by the Management company for XXXXXXX Ltd) was clearly displayed in the car window (evidence in appendix 4)
I have requested in writing (appendices 6 and 8) details and evidence as to why they consider the permit to be invalid and what would render it invalid along with evidence that they have issued me with, what they would consider, a valid parking permit. No satisfactory answer has been provided.

I believe that the facts stated in this claim form are true
(Signed)

I have now been sent a Directions questionnaire from the court so it looks like it is going ahead. I am just wondering what I need to do next? Do I have a reasonable case? Will I get the opportunity to submit a more detailed defence? If so what else should I include and when will this need to be done by? Will I get more detail of their claim before I submit it? Any help is much appreciated!

I have also issued a notice before action to Armtrac for what I believe to be a number of data protection breaches including changing my address and sending notice before action and court claim to the wrong address, despite being told on every piece of correspondence of the correct address. As I have received no response from them, I would now like to take further action through the county court. Can I also post this in this thread for advice?

TIA
ostell
Have you identified the driver ? The lease company nor your employer actually know who that was as they weren't there at the time. With a hire car they have to comply with 14 (2) (a) of POFA, the required additional docs. Without them they can't hold the hirer/keeper liable. Bear that in mind, as well as your other arguments
Lynnzer
Add a counter-claim
Make it for £750 each ticket for vexatious and unreasonable behaviour
tyson987
Thanks for the advice. Yes unfortunately I notified them that I was the driver for the first one recieved. Not sure about the second though, will check through the letters recieved.

Thanks for the advice Lynnzer. Is it still possible to do this as I have already sent back the acknowledgement?
Lynnzer
QUOTE (tyson987 @ Tue, 18 Jun 2019 - 21:42) *
Thanks for the advice. Yes unfortunately I notified them that I was the driver for the first one recieved. Not sure about the second though, will check through the letters recieved.

Thanks for the advice Lynnzer. Is it still possible to do this as I have already sent back the acknowledgement?

You could add counter-claims but it will cost you. CPR 20.4 explains

If you don't want to add them now, you could always put a costs claim for damages for their unreasonable behaviour.
See my case and you'll get the drift of it. I got lucky with a damn good Judge and had £2000 added to my costs award
Sheffield Dave
You only get one chance to submit a defence - you can't (easily) expand or modify it later. You will however be asked to submit a witness statement, where you state what you personally saw, did, received etc, and where you attach any relevant evidence (letters, photos, leases etc). Then a few days before the hearing you can submit a Skeleton Argument, which is a written summary of what you intend to argue on the day. That argument is basically linking up your witness statement and evidence, together with relevant law an case law, to demonstrate that the points in your defence are true and logically mean you don't owe them any money.
tyson987
Thanks all (Sheffield Dave, Lynnzer& Ostell) for the advice. Going to get started on the witness statement, skeleton arguement and counterclaim now!
tyson987
I am currently preparing a counter claim for one of a number of PCNs recieved from Armtrac for parking tickets issued in my own space (detailed in leasehold) for parking without a permit. I have prepared what I think and hope is a robust defence based on primacy of contract amongst other things. I wanted to prove that they have behaved unreasonably in issuing this claim in order to claim damages for DPA breach and costs from them.

Does anyone know of or know where I can find examples of previous cases where Armtrac have been unsuccessful in claiming against leaseholders for parking in their own space without a permit? I believe this would help to prove that they know that the claims they are making are unreasonable.

TIA
Jlc
Did you 'appeal' to them first?
tyson987
Yes have sent 3 letters so far in response to their letters. In each letter I have explained exactly why they have no right to issue ticket and asked for evidence or legal agreement which could overide my leashold agreement 'right to peaceful enjoyment'. These letters have so far been ignored
Jlc
Does the lease make specific reference to parking? It will be a much stronger case over a catch all 'peaceful enjoyment'.
tyson987
Our space is marked as ours on plans at land registry
tyson987
Sorry I didn't mention it does also mention use of our marked parking space in the lease.
Jlc
QUOTE (tyson987 @ Mon, 5 Aug 2019 - 20:30) *
Sorry I didn't mention it does also mention use of our marked parking space in the lease.

Rejoice! Magic...
Hexx
PM sent....
tyson987
I have now had a court date for 1 of the 3 parking tickets that were issued to me by Armtrac on my own parking space. After lots of research and advice from here and various forums, I have put together a defence, witness statement and skeleton arguement, that i am happy with, based on the details of the leasehold .

Unfortunately at the time I responded to the claim initially, I did not add a counter claim but due to the massive amount of time, money and stress it has caused me dealing with this I would like include 'unreasonable behaviour' in my defence. I have shared the section of my skeleton arguement that refers to their unreasonable behaviour below.

3. Unreasonable Behaviour

The claimant has acted unreasonably in bringing this claim for the following reasons:

1. The particulars of the claim were vague. Reasonable information and and justification for the claim has not been provided. The Defendant has therefore had to cover all possible defences, causing significant distress and denying a fair chance to defend the claim. The Claimant's solicitor is known to be a serial issuer of particulars of claim which arise from an automated template, with no due diligence.
2. Letters from the defendant to the claimant have been ignored. The claimant has not taken information provided by defendant into consideration when pursuing claim.
3. Both claimant and their solicors / legal representatives have extensive experience of such court cases (detail provided on their websites shown in appendices 11 &12) and so have no justification for them not understanding that the parking charge that they have issued to the defendant are invalid.
4. The claimant has shown disregard for accurate record keeping and data storage in their dealings with the defendant by using an incorrect address (point 10 of witness statement) and keeping an inaccurate records of the correspondence sent (appendix 13).
5. The claimant has breached the data protection act in sharing the defendants details with third parties despite the defendant informing them of how the ticket was invalid and explicitly informing them not to share their details with third parties.
6. The claimant has breached the Protection of Freedoms Act 2012 in obtaining the defendants data from the DVLA, and issuing of a notice to keeper. This requires that to be valid (where no notice to driver has been served) the notice to keeper is delivered not later than 14 days after the vehicle was parked.
7. The claimant is in breach of the IPC (International Parking Community) code of conduct, the regulatory body, of which they are a member, states that:
“You must not use predatory or misleading tactics to lure drivers into incurring parking charge” ( The claimant insists that a parking permit is invalid but does not provide evidence of what a valid permit is and has not issued a permit to defendant)
“If parking enforcement takes place outside of daylight hours you should ensure that signs are illuminated or there is sufficient other lighting. (ticket was issued outside daylight hours when carpark lights were not working)
It also states that
"In particular, operators should have a sound working knowledge of the following areas: The Protection of Freedoms Act 2012 (for operations in England and Wales), Contract - with particular reference to unfair contract terms, Tort – In relation to trespass., Occupiers Liability – both in statute and tort, Data Protection, Consumer Protection and Disability Discrimination."
8. The defendant believes that the claimant and its legal representatives may be misusing the court system to intimidate him into paying invalid parking charges or to gain a judgement against him by default (point 10 of witness statement).
9. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no diligence, no scrutiny of details nor even checking for a true cause of action. This view is supported by references that have been made to BW legal in parliament quoted below.

“Just to convey the scale of this, another firm that I mentioned, called BW Legal, regularly issues 10,000 county court judgments a month, and is known to have issued 28,000 in one month. A significant proportionate of them relate to parking. They are jamming up our court system, and are often totally unjustified.” Stephen Doughty (Cardiff South and Penarth)(La/Co-op) Parking (code of practice) Bill debated in parliament 19th July 2018

The defendant invites the Court to dismiss this claim in its entirety and consider awarding the costs incurred by the defendant in defending this claim and compensation for the distress that has been caused.



My question is ... will the judge take this into consideration or do I need to bring a separate claim against them after this has been settled? Should I state an amount of compensation that I am claiming or just leave it open for the judge to decide?

I will also include a schedule of costs including cost of travel to collect post when despite my repeated requests to them in writing to use my correct corrrespondance address they issued the court papers to the wrong address. What should I use as an hourly rate for my time to prepare the case? can I use the amount I am paid per hour at work, with a payslip to prove this?

Thanks in advance for your help!
The Rookie
EDIT - A Mod' has now merged your threads.

You don't include unreasonable behaviour in your defence, anything that occurred after the invoices were issued doesn't change whether they were owed at the time or not.

You include a costs schedule for full costs based on their unreasonable behaviour, that you present to the Judge (separate to your normal costs claim) after you win.
tyson987
great thanks The Rookie!
nosferatu1001
You present your Costs Schedule *alongside* your Witness Statement. You do NOT leave it until the day of the hearing
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