Hi All Just an update that the case was heard today and thankfully the case was dismissed. As many had told me, DCB legal sent an advocate who like myself was also there 30 mins beforehand. He wanted to double check a few things with me beforehand that I had put in my witness statement and then told me that he agrees that my lease forms the supremacy of contract and that he will let the judge also know this once we enter. He stuck to his word and led with this and the judge asked if I had anything to add and I just reiterated the supremacy of contract points from my witness statement. The judge then dismissed the case and the whole thing was over in 10 mins. I just want to end by thanking everyone that has helped. I owe more than thanks and this forum and the main contributers are incredible. I will make a donation once I have secured a new role which is my main focus at the moment. Not having to find nearly £600 to pay for this claim is also a massive relief. Thank you all.

Thanks for the message jk2054 I have just been drafting what I want to say and I think its best to focus purely on the supremacy of contract. The reason being that I dont want the judge to start focusing on other parts of my witness statement when surely just the supremacy of contract section alone should be enough to get this dismissed. The crux of my defense revolves around the principle of Supremacy of Contract. When I purchased my flat in December 2016, the contract explicitly included ownership of parking spot 112, as delineated in the lease documentation provided in Exhibit 1. This documentation unequivocally establishes my right to use and occupy this parking space. Furthermore, the subsequent exhibits, particularly Exhibit 3, clearly depict the marked boundaries of parking spot 112, corroborating my ownership as stated in the lease agreement. Additionally, the official register of title, presented in Exhibit 4, reinforces this ownership claim. Moreover, I draw the court's attention to relevant legal precedents, such as Pace v Mr N and Link Parking v Ms P, which demonstrate that parking companies cannot override a tenant's right to park on designated property. These cases serve as persuasive authorities supporting my argument regarding the Supremacy of Contract in residential parking disputes. It is my contention that the absence of any contractual obligation to display a permit for parking spot 112 absolves me of any liability in this matter. The claimant's failure to acknowledge my ownership rights in their witness statement further underscores the weakness of their case.

Just a quick message that I have my small claims court case later today at 2pm. Although the court has already emailed to say it will be a "floating case" so who knows at what time they will see me. I know one of my friends who went last year and he said that the judge hadn't even read his witness statement and he subsequently lost his case so that worries me a little. Not sure what else I can really do to prepare asides from quote the supremacy of contract from my witness statement.

Hi All I received the attached from the claimants solicitors today. I presume best course of action is to ignore? Thanks Claimant Response to WS.pdf

Thanks everyone for all their help. I am going to send the WS over tomorrow. Will let you know if/when I hear anything back. I presume for the court I just send it to their general email [email protected] and then for the counterparty I am sending it just the solicitors and not to the claimant themselves?

I don't mind that approach. The only question I have is that UKPC would only get their version 11/12 days before if I send via second class post and could that not get used against me by the judge where UKPC's solicitors state that I didn't follow the timelines to send them the WS?

Amazing work. Just a couple of questions? For Exhibit F do I need to include every page for the Excel vs Wilkinson claim. Similarly should I also include every page from my lease as Exhibit A rather than just extracts that I have currently put.

So I had a look at the signs today and they clearly state that a valid permit is needed. Hence I am going to remove point 14 from the WS. Also on the signage their is a £100 sticker put over the previous sign that stated £90. You can see on the attached from the pic I took. This of course is what the PCN is based on but not what they have put in their WS. UKPC Eastcroft Sign.pdf

Hi Dave Thank you so much for this. I am going to head to the block of flats in a couple of hours and check all the signage to myself to have clarity on if a permit is needed or not. Will report back after this. Regarding the paragraphing you can try the below steps Go to File > Options > Proofing. Select AutoCorrect Options, and then select the AutoFormat As You Type tab. Select Automatic bulleted lists or Automatic numbered lists. Select OK.

They have my email anyway as that's how I received the claimants WS

I have taken the No Locus Standi from LFI's previous post. Its very direct and really calls out the claimant, I presume this is fine? I can't see any mention of Eastcroft House on the PCN's provided in their WS. Latest version of the WS attached. Thank you for all the help so far. It may look like I don't care with the long gaps in responding but nothing is further from the truth. I will do what is needed throughout tomorrow to tidy it up. My plan is to shoot off emails to the claimant and Willesden County Court on Monday(14 days before the court date). DBUK2000 WS Redacted 06042024.compressed.pdf

Hi and thank you so much for your help so far. Are your points above for the No Locus Standi section of the WS? Sorry if I ask basic questions but its just a little daunting having never had to put one of these together before.

So I have given the witness statement a start and have the following points/questions to note 1) Completed sequence of events and supremacy of contract. For supremacy of contract I have added in as exhibits extracts from the lease and the official copy of register of the title. Am I missing anything? 2) Prohibition I have added in the one line as per your post Dave, is anything else needed. 3) No Locus Standi - Need help with this 4) No Keeper Liability - Is there a reason this is needed? I did initially appeal one of the tickets so at this point I would have admitted that it was my vehicle. I am just struggling on what to put here. 5) Double Recovery - I have checked the signage from the claimants witness statement and it does state on the signage that £60 will be added if this gets passed onto the debt collectors. That totals £160 per ticket and the claim is for two tickets so I can see where they have got the £320 for as part of their claim. Again I am struggling on how I can turn this into a strong point as in Mystic Berties WS the whole point was that it wasnt stated on any signage that they could add anything onto the original PCN 6) Dave although you didnt have it in your layout, I have added in a section for the breach of code of practise. Point I am making here is that when I initially appealed, they could have told me that I could have gone through my management company to cancel the ticket rather than saying they will reduce it to £15. Again not sure if its relevant. Looking forward to hearing your thoughts and appreciate all the help so far. DBUK2000 WS Redacted.pdf

Which Court have you received the claim from ? County Court Business Center Name of the Claimant : UKPC Claimants Solicitors: DCB Legal Date of issue – 14/09/2022 Date for AOS - Completed 21/06/2022 Date to submit Defence - Submitted 21/06/2022 What is the claim for – 1. The Defendant is indebted to the Claimant for Parking Charges issued to vehicle (redacted) at East Croft House, 86 Northolt Road, South Harrow, HA2 0ES. 2. The PCN was issued on private land owned or managed by Claimant. 3. The vehicle was parked in breach of the Terms on Claimant's signs (the contract), thus incurring the PCNS. 4. The driver agreed to pay within 28 days but did not. Driver is liable as the driver or keeper. 5. Despite requests, the PCNs is outstanding. The contract entitles C to damages. And the Claimant Claims. 1. £320 Being the total of the PCN(s) and Damages 2. interest at a rate of 8% per annum pursuant to s69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment. 3. costs and court fees. What is the value of the claim? Amount Claimed £440 court fees £50 legal rep fees £50 Total Amount £540 Have you moved since the issuance of the PCN? (y/N - if Y state Date too) Yes 11/07/2023 Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Unsure on I&E?, however did not receive any sort of reply pack before the claim form

Hi Apologies for the delay. I will be checking and posting here as regularly as possible. I have just spent the last couple of hours combining PDF, is there anyway to send larger file sizes on here as the attachment is 17mb? Regarding this earlier PCN I a few weeks prior to the court date they issued a notice of discontinuance. I had a few other tickets as well which I settled with DCB. I didn't want to settle but unfortunately my mother had an operation for a large brain tumour last summer which has severe complications and I am currently her full time carer. My priorities hence then change and with everything going on I had let the court claim I have been posting about today slip through the cracks. I want to try and fight this one with there being a resolution either way on the 22nd of April. Ignore my previous post I have managed to compress the PDF up to page 21 is everything I have received and then from page 22 onwards in the witness statement I received from DCB Legal today. Claimants WS .pdf