UKCPS County court claim form received

[HKG11]

Hi Ericsbrother..... I have acknowledged the service of the claim online....getting scary now...will post my letter to the solicitors today...keep your fingers crossed for me...

[dx100uk]

You did select defend all?

 

Dx

[ericsbrother]

It doesnt matter that you rented,

as the occupier you have a right to "quiet enjoyment" of the property and that includes the curtillages,

which is pssh words for rights over the land that is not necessarily yours.

So, yes, let the parking co lawyers know that you bite back!

 

 

There is a case that was posted up in this section of the forum about a year ago where someone sucessfully sued a parking co for harassment

and they had to promise never to go near his parking spot again or get done for contempt of court a

s well as having to pay a wedge for the harassment in the first place.

 

 

Wouldnt have happened if they had seen sense and just stopped ticketing his car

but they thought they had a god (or estate management company) given right to mistreat people and they found they didnt.

 

 

Trawl the past threads and find it and quote the case (ie: Bloggs v VCS at the xxx county court 2014) and you may find that their attitude will be self-adjusting.

 

Whislt you are waiting for the paperwok to be processed it would be worth letting us know what paperwork you actually received

and when and also do a bit of research to help your defence.

 

 

Ask the council planning dept that whether UKPCS applied for and was granted planning permission for their signage at the site

as per the requirements of the advertising display hoardings regs of the Planning Act.

 

 

If they dont have express planning permission then the signs are there illegally and no contract can ever be formed that is based upon a criminal act.

Get your response in writing and they are sunk if they havent got the PP without having to consider anything else at all.

 

 

If applicable this should be your second defence point after supremacy of contract.

You may need to have a gander at the lease for the flat where it lays out other covenants for parking, washing lines, lawn mowing etc

but this will be obtainable from the Land Registry for £3 if you cant get hold of it from elsewhere.

 

 

You have about amonth to get all of this but get cracking as soon as possible and if you find the killer lack of PP

then let their solicitors know that you will be making a complaint of their criminal activity to all and sundry, esp the judge at your county court.

[honeybee13]

You did select defend all?

 

Dx

 

HKG, could you answer this please? It's important.

 

HB

[HKG11]

Yes, I replied defend all

 

Hi everyone who is helping me..

... I have just spoken to the council regarding planning permission for the signage.

 

 

They are informing me that planning permission would not be needed....

 

So would that mean my first line of defence is going to be 'Supremacy of Contract' (as suggested by ericsbrother)

 

 

Forgive me for being ignorant; but in laymans terms; what does that actually mean?

 

Also, one last question for today.

 

 

If I have got 28 days to plan my defence, when that time is up,

do I contact the courts or will they contact me?

 

 

Sorry to ask so many questions,

 

 

this is all alien to me. Thank you all in advance again for your assistance

[ericsbrother]

To answer the last question first,

no, you have to send in your defence or at least an outline of what it is.

 

Supremacy of contract is where, for example, you own a piece of land and rent it out to someone. that person decides to put up a "no parking" sign and when you park on your own land they say that you owe them money for breaching the no parking.

 

 

Well, the no parking would apply to people who would otherwise commit trespass but as you own the land it cannot apply to you as your rights are superior to the person you have rented the land to

 

 

No manager can tell you what you can and cant do if your own purpose is lawful.

 

The leaseholder of the flat you rented would have those rights and has passed them on to you (unless they stipulate that they havent, in which case they will be uing the car park and not you)

 

 

and therefore the contract signed between the estate management co and the parking co does not apply to owners or occupiers of the flats unless the lease at the time of sale specifically gives that right away.

 

 

This means that when the managing agents say you must have a parking permit that is for their administrative convenience and does not take away the rights to park, just make it easier to identify who should and shouldnt be there.

 

 

the parking co's are supposed to cancel the tickets of those who are properly there but they are mostly stupid and arrogant so they dont.

 

 

This has landed a couple in court with big compensation orders and asbo's for repeatedly ticketing cars that are parked properly but not having permits because they arent required.

 

So, in your case, if there is a parking place that goes with the flat you can use it as you wish as long as that doesnt break the lease or interfere with other leasholders right to "quiet enjoyment".

 

It is for the parking company to make their claim, not for you to disprove it so make them work and make them suffer.

 

Phone the planning dept and ask about planning permission for the signs.

If there is none then as said, they are criminals and so no contract can EVER be formed with them.

 

 

Make the solicitors answer the points as they have probably agreed to take this on for £50 thinking it to be a walkover.

 

 

By making them squirm and constantly refer back to their client they and the parking co are burning money.

 

 

If they cannot answer even ONE of your points they are lost so they may well advise their client to discontinue upon thinking about what you demand of them.

 

 

They are expecting you to roll over and pay up because you have an official claim signed off by a solicitor.

It doesnt matter that they are solicitors, they still ahve to follow procedures.

 

On this last point, when did you get their "letter before action" and did it mention the Civil Procedure Regs?

If not that is another one to ask about and beat them with in court. they should know better.

 

 

If you did receive such a letter when did you get it?

We are still waiting for the full timeline for the 10 claims and how they became lumped togehter. You must tell us otherwise you will be losing out on a lot of help with the small things.

 

Planning permission would be needed.

It is not something they would have to pay for but they would still need to apply

so the person you spoke to is wrong.

 

 

Deemed consent applies to various street furniture like bus stops, sefety signs,etc, estate agents signs and the like but not a sign big enough to be considered legible for a contract with the public.

 

 

I could read this as no PP has been granted so again, when the solicitors try and fob you off you can respond and say that you know their client doesnt have PP and is thus breaking the law..

 

 

For the moment ask them about whetehr they have it or not,

I bet they say it isnt needed or is deemed consent.

 

 

We know this is wrong so let them put it isn writing first and then hit them with their own stick.

[HKG11]

Hi Eircsbrother,

yes the letter from the solicitors does mention the Civil Proicedure Rules (copy of letter is uploaded on my post #20)

 

 

with regards to the ten charges.

I ignored them all, haven't kept any of them so can't confirm a time line other than to say I moved into the said property in Sptember 2011 and moved out in February 2014.

 

 

they only ever mention one ticket number and say that the charge of £1175 is inclusive of said ticket number (again the letter is uploaded on my post #20)

 

 

this is the only letter from the solicitors that I have received in all of this time regardless of tickets issued.

 

 

The letter states that the ticket number refers to friday 28th february 2014 which would have been the date I moved out of the property so why did they not write to me via the solicitors before this?

And as you say, why have they not all been treated separately.

 

 

One other thing, and I think very important, the parking is underground and I had to have a fob to activate the gate for entry.

 

 

How could I have parked illegally when I had access to the car park.

How can anyone who lives there be issued with a ticket.

 

 

I know someone who lives there presently who has also been issued with parking tickets.

I do hope I haven't blown my chances by throwing away the letters,

[f16]

Are you saying you only got windscreen tickets ??? Did you get "NTKs" for each ticket ?????????

 

You will need a copy of your tenancy agreement

[ericsbrother]

Right, you still need to make the solicitors provide the evidence that 10 separate tickets were issued individually,

along with the other bits I said.

 

 

As it is key fob then that almost seals the deal for showing supremacy of contract,

you were given a key to access your parking space and therefore the managing of the parking isnt done by anyone

so how can a contract be formed?

What is there to consider and accept?

 

That aside, when you get to see the contract between the parking co and the landowner

it wont be the landowner but the managing agents of the block,

who dont have the rights or powers to sign away your rights.

 

 

The parking co will knwo this and so will the solicitors so they will try and claim "commercial confidentiality" for the contract.

 

 

Dont let them get away with that, a complaint to the judge is in order if you dont get the contract

within 14 days of asking for it as a CPR 31.14

 

 

Dont accept bull from them,

 

 

they either put up or shut up.

[dx100uk]

hows this going?

 

 

dx

[HKG11]

Hi Dx

 

 

I have registered my defence online, which has been acknowledged,

 

 

they then sent me a form to complete which has been duly completed and returned (and acknowledged)

 

 

The Miah solicitors never once responded to any of my requests which I made in writing.

 

 

I have heard nothing from them since.

 

 

I spoke to the MCOL helpline and they advised me to mention this in my defence which I did (along with Supremacy of contract)

 

 

I was asked on the form that came from the court to advise of any dates that I would be unavailable to attend a hearing.

 

 

I am not available now until after the 5th October, so now I am just waiting to see what happens...

 

 

...I will keep everyone updated as soon as I hear anything else.

 

 

.thanks for the support, it has been invaluable to me...

[dx100uk]

so that must have been the N180 I assume

[ericsbrother]

Then should Miah's represent the claimant in court you make sure that the court knows that you have sent the CPR 31.14 and they have failed to answer any of the requests. You request that their claim be struck out as having no cause and that UKPCS have no locus standi