Jump to content

dbuk2000

Registered Users

Change your profile picture
  • Posts

    40
  • Joined

  • Last visited

Reputation

1 Neutral

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. But the form asks for a signature, so you are saying to completely leave the signature out?
  2. Thanks for the advice. Ok as this is a claim for a ticket in my own parking spot that I own then I will put No to mediation. what does (omit phone/sig/email) mean? Thanks
  3. So I did get an email from the lawyers a couple of weeks ago with their version of the form filled out and presume I can just respond directly back to the person who email with my scanned copy of the form? Ok understood regarding Section A for Mediation, I will put No for that. Thanks
  4. Hi All I received the attached Notice of Proposed Allocation to the Small Claims Track form attached. Unfortunately I was away for 2 weeks on my wedding and honeymoon so just saw this today and thankfully have a few days late to file but not much time considering the 9th of May is Monday. It seems quite straightforward to fill. Where on the front page it says to serve copies to all other parties can I do this via email or does it have to be posted? Regarding sections A to D in the form is there anything I need to be wary of? Thanks in advance for your help. N180.pdf
  5. I know I am literally about to submit it now. Just have the question about the counterclaim?
  6. Thanks for the responses. I am going to the defence my initial deadline data for defence as someone pointed out is in fact the 27th Feb, but with the courts being closed I've been informed I need to file by 5pm on the 25th Feb (later today). One question I have is there is a checkbox on if I want to counterclaim. I presume I would select no as ultimately I just want the charge dropped?
  7. Ok understood. I've now just taken the standard template. Obviously will replace the square bracket with my number plate. I added point 3 which I saw in another defence letter. Is there anything else worth adding to the defence below? It does seem strange to not mention at all about be being a leasehold owner of the parking spot, but I do understand you are saying this will come later at the witness statement and to not play all my cards now. Also in terms of the fees I have to pay like the hearing fee, if I win then is this a recoverable cost I can get the claimant to pay? 1. The Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Defendant entered into a contract with the Claimant. 3. It is denied that the defendant breached any terms and conditions set on private land. 4. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 5. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 6. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.
  8. Based on the advice given I have now taken out points 5 and 6 that existed completely and amended point 3 so that it just states I own the leasehold to the spot as well as the lease not mentioning the need of a permit. Is this fine to submit as the defence? Thanks for the advice as always START OF DEFENCE [MY NAME] [ADDRESS] [DATE] IN THE COUNTY COURT Claim number: XXXXXXXX BETWEEN: Claimant: UK Parking Control Limited -and- Defendant: [MY NAME] Preliminary 1. The Particulars of Claim lack specificity. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant amend their Particulars in any way at a later stage of these proceedings and/or to limit the Claimant only to the allegations in the Particulars. 2. The claimant admits that he was the driver of the vehicle (Reg: XXXX XXX) in which the PCN was issued, detailed in the Particulars of the Claim document. Primacy of contract 3. By virtue of the Lease, the defendant purchased the leasehold title to the property, including the parking space that this claim relates to, The lease does not reference to any parking scheme or a permit that needs displaying. 4. The defendant believes that the purpose of residential management companies employing parking control companies at residential sites is to stop non-residents from parking in parking spaces owned by residents. The PCN issued in this case is to a genuine leaseholder, with a valid leasehold arrangement which grants “exclusive right to use” the vehicle parking space. A full copy of the lease will be provided to the presiding judge. 5. Accordingly it is denied that: 5.1. There was any agreement as between the Defendant or driver of the vehicle and the Claimant 5.2. There was any obligation (at all) to display a permit; and 5.3. The Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss. In summary The PCN was issued in a private parking space owned by the defendant, which his leasehold agreement grants him “an exclusive right to use”. Any PCNs issued in this instance are unlawful. In summary, it is the Defendant's position that the entire claim 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.
  9. Can anyone give me advice on the defense letter? I've have looked at a lot of other threads and put together the below. START OF DEFENCE [MY NAME] [ADDRESS] [DATE] IN THE COUNTY COURT Claim number: XXXXXXXX BETWEEN: Claimant: UK Parking Control Limited -and- Defendant: [MY NAME] Preliminary 1. The Particulars of Claim lack specificity. The Defendant reserves the right to seek from the Court permission to serve an Amended Defence should the Claimant amend their Particulars in any way at a later stage of these proceedings and/or to limit the Claimant only to the allegations in the Particulars. 2. The claimant admits that he was the driver of the vehicle (Reg: XXXX XXX) in which the PCN was issued, detailed in the Particulars of the Claim document. Primacy of contract 3. By virtue of the Lease, the defendant purchased the leasehold title to the property. The property boundaries were defined in the lease, as was the highlighted parking space, which is number XX. The Defendant is granted an "exclusive right to use" his vehicle parking space by his leasehold contract. A copy of the leasehold contract will be provided to the court. 4. In Pace v Mr N [2016] C6GF14F0 [2016] it was found that the parking company could not override the tenant's right to park by requiring a permit to park because the leasehold contract does not specify that a permit is required to park in the space owned by the leaseholder. The defendant maintains that the same scenario is occurring in this case A leasehold contract is currently in place in place and the defendant maintains that the claimant has no legal grounds to issue PCNs to the defendant for parking in his own designated space. The defendant maintains that any attempt by the claimant to charge the defendant for parking in his own designated space would be a breach of his leasehold agreement. The Defendant will also rely upon the judgments on appeal of HHJ Harris QC in Jopson v Homeguard Services Ltd (2016) and of Sir Christopher Slade in K-Sultana Saeed v Plustrade Ltd [2001] EWCA Civ 2011. The Court will be referred to further similar fact cases in the event that this matter proceeds to trial. 5. The defendant believes that the purpose of residential management companies employing parking control companies at residential sites is to stop non-residents from parking in parking spaces owned by residents. The PCN issued in this case is to a genuine leaseholder, with a valid leasehold arrangement which grants “exclusive right to use” the vehicle parking space. A full copy of the lease will be provided to the presiding judge. 6. The Defendant maintains that the Claimant should have checked with the property management company before pitching up on site and issuing charges. They should have employed due diligence to check they were not ticketing people who should not be receiving them. They should have done this up front by asking their "employers" (the property management company), especially because this was at a residential site. The defendant maintains that it would be unreasonable for them not to know they shouldn't be ticketing genuine residents and should have checked the residents' lease before they agreed to attempt to manage the site. 7. Accordingly it is denied that: 7.1. There was any agreement as between the Defendant or driver of the vehicle and the Claimant 7.2. There was any obligation (at all) to display a permit; and 7.3. The Claimant has suffered loss or damage or that there is a lawful basis to pursue a claim for loss. In summary The PCN was issued in a private parking space owned by the defendant, which his leasehold agreement grants him “an exclusive right to use”. Any PCNs issued in this instance are unlawful. In summary, it is the Defendant's position that the entire claim 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. If the claim is dropped, the Defendant will not ask for damages. If this claim makes it to court, the Defendant will ask the Claimant for damages and compensation for loss of earnings. The Defendant will seek damages of £20 per hour from time spent forming this defence to the time spent in court. The defendant invites the presiding judge’s opinion on what a fair amount would be for bringing such a needlessly complex, meritless claim to court and wasting so much time for all involved.
  10. Hi I've use the template for the CPR 31.14 form and created the attached. Could you please have a quick review before i send off? One question I have is that I haven't mentioned anywhere on it that I own the parking spot through my lease, is this the right place to mention. I also removed the point about asking for documentation for any planning permission as it doesn't seem relevant. Thanks and much appreciated as always CPR 31.14 Edited.pdf
  11. Apologies I do read but clearly not properly enough. wow thats interesting I would have thought email is there electronic track record, but with letter they can "claim" they never received it. I will send the CPR off tomorrow to the address given on the claim form for the claimant. Regarding the defence just checking that its fine for me to use the moneyclaim.co.uk site?
  12. HI HB Thanks for the spot. You are right the 27th Feb is the deadline for the defence.
  13. Ok thanks I've done the AOS. Regarding sending the CPS I do have a phone number on the claim form for the but not an email address. Is there any particular contact method you recommend? Thanks
  14. Which Court have you received the claim from ? County Court Business Center Name of the Claimant ? UK Parking Control Limited Date of issue – 26/01/2022 date to acknowledge) - 16/03/2022 date to submit defence - 02/03/2022 Particulars of Claim What is the claim for – . 1. The Defendant (D) is indebted to the Claimant (C) for Parking Charge(s) issued to vehicle PF09HYR at East Croft House, 86 Northolt Road, South Harrow, HA2 0ES. 2. The PCM details are 23/07/2019, leaving the PCN number out for privacy. 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parking in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s) 4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. 5. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment. 3. Costs and court fees What is the total value of the claim? £295.16 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I have received some threatening letters from companies but no notifcation of a claim that I can recollect, Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No When did you enter into the original agreement before or after April 2007 ? N/A Do you recall how you entered into the agreement...On line /In branch/By post ? N/A Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? N/A Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. N/A Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A Did you receive a Default Notice from the original creditor? N/A Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? N/A Why did you cease payments? N/A What was the date of your last payment? N/A Was there a dispute with the original creditor that remains unresolved? N/A Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A Claim Form.pdf
×
×
  • Create New...