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belikewater
Hello
After reading through the many posts, I still don't know where I stand regarding this so any help with this would be much appreciated!

What happened:

My father parked at the communal courtyard area of the development where I live since our parking space was occupied by an unknown car. The paved courtyard is owned by the same freeholder.

To get access to the communal courtyard, you press a buzzer and the concierge just let you in.

He parked next to my home. The whole courtyarded area is paved, with no road markings or designated parking bays.

A ticket was left on his car and weeks later he started getting letters from the parking company. He ignored the parking firms letters and a court letter arrived (attached below). Issued 18th July 2019.

Since this incident we have actually found out that if you obtain a visitor's permit from the concierge then you can park on this paved courtyard area, however, that information is not given on the signage.

What we have done so far:

We have acknowledged the claim online and now have around 2 weeks to word a defence.

If anyone can help by pointing me in the right direction, I'd be most grateful.
ManxRed
You must go online and acknowledge the claim, DO IT NOW! You are close to losing this, so please do this now.

Do not dispute jurisdiction (unless you live outside of England & Wales, in which case please say so). You are disputing the claim in full. Leave the defence blank, not even a full stop.

Then dig out the lease/tenancy agreement, and let us know in what capacity you have rights to the parking space. Let us know what the document(s) say about parking, the need to display a permit, the need to park in a specific space, the imposition of a charge should you not do this, your rights with regard to peaceful enjoyment.
belikewater
Hello
Many thanks for your advice.

I have logged in to dispute the claim but I'm not able to leave the defence box blank/empyt?

ManxRed
Are you sure? I think others have found out what this is caused by, I hope they can post suggestions on here. Wait for a bit.

Maybe try a different browser?
belikewater
The first page asks 'Do you dispute the claim because you have already paid it?'
I select 'No'

The next page is the 'Defence - Defence Particulars'
This is marked with an * and is a mandatory box to complete?

Thanks again
belikewater
OK. I've completed the AOS - Acknowledgment of Service

and now I need to respond to the claim by filing a Defence or Part Admission.
The Rookie
Read other threads, find a recent defence that is similar and edit it to suite your case and post for critique.

Your lease/tenancy agreement is paramount, get those NOW.
ManxRed
OK, by acknowledging the claim, you now have 33 days from the date of issue of the claim to submit the defence. Work out that date, and start researching your defence. It might be worth seeking out the Newbies thread on the MoneySavingExpert's parking forum.

By what virtue do you have access to your normal space? Leaseholder? Tenant? You need to dig out the relevant documents and see what rights to park you have been granted.

Do you still have any of the original paperwork you were sent? Either dig it out, or send a letter to the solicitors who issued the claim asking for copies of all the evidence they intend to rely on as part of the claim. Give them 7 days.

You COULD try a Subject Access Request to the parking company for all the information and documentation they hold that refers to you, but you probably won't get anything back prior to your defence deadline (you've already lost nearly two weeks of time).

The particulars of claim do not disclose any cause of action. It says you breached the terms (essentially a contract formed by the sign) but does not say what you breached. The sign is quite lightweight, the only two 'breaches' possible are parking on roadways, or parking outside of a bay, I assume the driver did one of those?
belikewater
Thanks for all the help guys.

Issue date of the county court claim is 18th July 2019

My partner is the leaseholder of the property. The property comes with a parking space which was occupied at the time.
We parked in a communal courtyard area near the property which is paved and has no marked parking bays, yellow lines etc...
The communal courtyard area is owned by the same freeholder and this is where the signage.
belikewater
QUOTE (ManxRed @ Tue, 30 Jul 2019 - 09:53) *
The particulars of claim do not disclose any cause of action. It says you breached the terms (essentially a contract formed by the sign) but does not say what you breached. The sign is quite lightweight, the only two 'breaches' possible are parking on roadways, or parking outside of a bay, I assume the driver did one of those?


Hi ManxRed
The area is a courtyard. Although has a street name 'Teal Street' it has a barrier at the entrance controlled by the concierge at the development.
The whole area is paved but as mentioned, there are no road markings, lines or parking bays to park in... It's a free-for-all once you are passed the barrier.


belikewater
I have found the property lease. The only mentions regarding parking are below:

Rights granted to the Tenant

For the purposes only of gaining access to and egress from the Block with or without vehicles over the estate roads within the estate as directed by the landlord and at such times as the landlord thinks fit.

The (exclusive) right to park one private motor vehicle in the parking areas in such parking space as the landlord may from time to time designate and notify to the tenant in writing.

The right of way with or without vehicles over and along and through the parking areas and the ramps and accessways leading to and from the parking areas and from and to the public highway in the exercise of the rights contained in paragraph 6 above subject to such regulations as the landlord may from time to time notify to the tenant or display in the parking areas and if the parking areas are not immediately adjacent to the public highway the right of way along such routes as the landlord may specify to and from the parking areas.



belikewater
Hello
After reading through the many posts, I still don't know where I stand regarding this so any help with this would be much appreciated!

What happened:

My father parked at the communal courtyard area of the development where I live since our parking space was occupied by an unknown car. The paved courtyard is owned by the same freeholder.

To get access to the communal courtyard, you press a buzzer and the concierge just let you in.

He parked next to my home. The whole courtyarded area is paved, with no road markings or designated parking bays.

A ticket was left on his car and weeks later he started getting letters from the parking company. He ignored the parking firms letters and a court letter arrived (attached below). Issued 18th July 2019.

Since this incident we have actually found out that if you obtain a visitor's permit from the concierge then you can park on this paved courtyard area, however, that information is not given on the signage.

What we have done so far:

We have acknowledged the claim online and now have around 2 weeks to word a defence.

If anyone can help by pointing me in the right direction, I'd be most grateful.

ostell
So have you got the original PCN through the post and windscreen ticket. Post them up suitably redacted but leave dates.

What are they actually claiming for? I can't see it in the Particulars of claim. So you don't know what gave rise to the claim

So one of the defence items will be that there are hidden conditions that are not given on the sign, ie get a visitor ticket that would have prevented this.

The additional £60 is not claimable from the keeper as POFA only allows the original PCN amount.
ManxRed
http://forums.pepipoo.com/index.php?showtopic=129314

We have a one case - one thread rule here. Its there to prevent confusion, and people asking for information that you've already given previously.

Hit the Report button and ask a Moderator to merge your threads.
belikewater
Hello
I have started cobbling together a defence and would be massively grateful for your opinions.
Should I add on the visitor permit hidden detail not listed on the sign?

________________________________________
DEFENCE STATEMENT
________________________________________

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

2. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

3. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They state that there should be ‘No parking on roadways at anytime’ but giving no definition of ‘roadway’. Continuing ’You must park wholly in a marked bay’, but there are no marked bays or markings of any kind. Stating further that ‘No parking on roadways / yellow lines / paved / hatched or landscaped areas. All of the area is paved, meaning parking is forbidden thus there is no offer to park and therefore no contract.

4. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

5. The Protection of Freedoms Act 2012, Schedule 4, at Section 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. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

6. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

"I believe the facts contained in this Defence Statement are true."
belikewater
Any help critiquing my defence would be much appreciated.
belikewater
Hi everyone
Thanks to those who have messaged me with advice.

I have updated my defence and wanted to get your opinions. Many thanks in advance.




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

2. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

3. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They state that there should be ‘No parking on roadways at anytime’, parking is forbidden thus there is no offer to park and therefore no contract. Continuing the signage states ‘No parking on roadways at anytime’ but giving no definition of ‘roadway’. Stating further that ‘No parking on roadways / yellow lines / paved / hatched or landscaped areas.’ All of the area is paved, thus there is no offer to park and therefore no contract at all.

4. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

5. The Protection of Freedoms Act 2012, Schedule 4 (POFA) makes it clear that the will of Parliament regarding parking on private land is that the only sum potentially able to be recovered is the sum in any compliant 'Notice to Keeper’, in this case £100. Furthermore the ceiling for a 'parking charge', as set by the Trade Bodies and the DVLA, is £100. However, the claim includes an additional £60, for which no calculation or explanation is given and which appears to be an attempt at double recovery. Judges have disallowed all added parking firm 'costs' in County courts up and down the Country. In Claim number F0DP201T on 10th June 2019, District Judge Taylor sitting at the County Court at Southampton, echoed an earlier General Judgment or Order of DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in ParkingEye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...''

6. Any purported 'legal costs' are wholly disproportionate and disingenuous.

- CPR 44.3 (2) states: ''Where the amount of costs is to be assessed on the standard basis, the court will –
(a) only allow costs which are proportionate to the matters in issue. Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred; and
(b) resolve any doubt which it may have as to whether costs were reasonably and proportionately incurred or were reasonable and proportionate in amount in favour of the paying party.

According to Ladak v DRC Locums UKEAT/0488/13/LA a Claimant can only recover the direct and provable costs of the time spent preparing the claim in a legal capacity, not any administration costs allegedly incurred by already remunerated administrative staff. Given the fact that robo-claim solicitors and parking firms process tens of thousands of claims handled by an admin team or paralegals, the Defendant avers that no solicitor is likely to have supervised this current batch of cut & paste claims. The court is invited to note that no named Solicitor has signed the Particulars, in breach of Practice Direction 22, and rendering the statement of truth a nullity. In fact it is averred that the Claimant has not paid or incurred such damages/costs or 'legal fees' at all.

7. Defendant's costs as are permissible under Civil Procedure Rule 27.14 on the indemnity basis, taking judicial note of the wholly unreasonable conduct of this Claimant, not least due to the abuse of process in repeatedly attempting to claim fanciful costs which they are not entitled to recover.

8. In summary, the Claimant's particulars disclose no legal basis for the sum claimed and it is the Defendant's position that the poorly pleaded claim discloses no cause of action and no liability in law for any sum at all. The Claimant's vexatious conduct from the outset has been intimidating, misleading and indeed mendacious in terms of the added costs alleged.

"I believe the facts contained in this Defence Statement are true."
belikewater
Do I need to send in pictures of the sign, parking area etc... with my defence?

Any help with this would be great
ostell
Pictures and anything come late in the process with the witness statement some 14 dyas or so before the hearing
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