UKPC 06/04/2018 windscreen PNC claimform- residential parking in my own space - forget permit ***Claim Discontinued***

[dx100uk]

just type no need to keep hitting quote.

 

that is what MCOL is there for...

 

with regards to email, you don't want later on it the process for the fleecers to file a whole bunch of fake documents 1 min before any deadline removing your right to counter them, thats why you NEVER use email ... they cannot be trusted.

 

100's of 'PCN claimform' threads here to read up on

use our enhanced google searchbox.

 

the more you read the stronger we become....

 

it teaches you whats next, whats to come how and when to react.

but you never do anything without checking here 1st.

 

 

 

 

[dbuk2000]

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

Edited February 19, 2022 by dx100uk
Template removed

[dx100uk]

No.

what does it say in red at the top?

 

 

you dont need to adapt anything bar entering yours/their details.

 

please read things carefully.

 

DX

[lookinforinfo]

if you need to include a Witness Statement later on remember that tin the new CoP the ruling there is that if you can produce a valid permit later, then the case should be dropped. The new Act does not come into force yet and I have no faith in the current bunch of bandits that they will acknowledge the new legislation. 

Judges however are a different kettle of fish and if you quote the new Act they may well take it into consideration when throwing out your case.

I have not found it again on the CoP but it is there  somewhere and worth a look yourself as everyone here with a possible Court case should be learning.

 

Private Parking Code of Practice - GOV.UK

WWW.GOV.UK

However there is one snippet below that could help you . Relationship with Landowner Section 14 [4]

4. Particular care is needed to establish appropriate contractual terms, including the application of parking restrictions, in respect of controlled land where leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a requirement on the resident of an apartment block to display a permit to park in contravention of their rights under their lease, or to ensure that free parking periods do not breach planning consents.

[brassnecked]

Yes 4 above relating to, Supremacy of Contract.

[dbuk2000]

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.

[lookinforinfo]

Keep many of those points for your Witness Statement. You need this to be pretty generic and not too specific. Look up on the Search button for snotty letters. From them you can be as rude as you want [well almost] to show that you are not scared of their puerile attempts and you will see them off in court.

[brassnecked]

Yes lookedinforinfo is correct less is more at this stage, so maybe on Supremacy of Contract, just put that the lease you hold has no reference to any parking scheme or permits needing display

as it grants you exclusive unrestricted use of your designated space.

[dbuk2000]

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.

[dx100uk]

nope that an embarrassed defence.

 

use our std 3-5 line one.

 

dont play ANY cards.

 

dx

 

 

[FTMDave]

Click on  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/

 

Scroll down to  Q2) How should I defend?

 

There you will find a standard generic template defence which, as dx says, makes sure your cards aren't played too early.

 

[brassnecked]

As we say less is more at the moment, Witness Statement is when you give him the 4 barrels of the paralyser from Wrath of Aeons.

[dbuk2000]

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.

[dx100uk]

25 minutes ago, dbuk2000 said:

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?

you dont have to pay any fees the claimant does.

 

now your costs are another matter, that comes at the witness statement time IF things ever go that far.

 

get reading up.

 

dx

 

[FTMDave]

I know where you're coming from.  I had the same questions when I first joined the site.

 

Then for example a few months ago we had a motorist who had filed an extremely-detailed well-researched defence full of convincing legal arguments ...

 

... and in their Witness Statement the corrupt solicitors representing the fleecers made up lies & lies to counter those arguments as they had found out about them in advance.

 

dx is right to not play your cards now.  Everything you've researched can go in your Witness Statement further down the line.

 

The defence is good to go.  File it on Monday say, not at the last moment but not too early.

[dbuk2000]

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?

[dx100uk]

On 10/02/2022 at 00:39, dbuk2000 said:

Date of issue –  26/01/2022

date  to acknowledge) - 16/03/2022

date to submit defence - 02/03/2022

is wrong 

due 4pm today

 

you've had a month to do this.!!

 

 

[dbuk2000]

I know I am literally about to submit it now. Just have the question about the counterclaim?

[FTMDave]

You never counterclaim.

 

File the defence!

[dbuk2000]

Ok filed. Thank you for all your help so far.

[dbuk2000]

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

[honeybee13]

I expect others will be along to comment, but I have a couple of points. If the PPC don't have your email address use normal post for their copies. They've been known to email important  information at 23.59 the night before a hearing, which puts you at a serious disadvantage.

 

And say no to mediation, it doesn't work with parking cases.

 

HB

[dbuk2000]

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

[dx100uk]

no you email stating email is NOT to be used for anything to do with our mutual court claim.

 

try and put all pdf's in one multipage pdf in the future 

rather than people having to download masses of single page files

read upload and use the online websites in it.

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

 

3 copies

 

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx