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    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, 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. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the £60 fine was unlawful, the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
    • don't forget we have a custom google search box here   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=pcn disabled bay&oq=pcn disabled bay&gs_l=partner-generic.12...89905.96346.0.98117.5.5.0.0.0.0.132.411.4j1.5.0.gsnos%2Cn%3D13...0.6527j13191631j6j2...1.34.partner-generic..5.0.0.NzHqsz5KVoY
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tizzywizz

Statutory Law and County Court - reroute of easement

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Am going bonkers?

Do I need a new Solicitor for legal advice?

 

Our Neighbour has got a Court Order to reroute the easement.

Fine it needed to be done to sell the property that is not the problem.

The Order will help sale as it clarifies the issue.

 

He is saying Planning is not needed to remove our Summer House or cut back trees.

Our advice is Planning is needed we are in a Conservation Area or we face criminal offences so we need planning permission to cut back trees and the Summer House has Planning Permission and it needs Planning Consents for removal as it over 115 cubic meters.

 

If we fail to apply for Planning Permission for the trees we face £20,000 fine and a criminal record.

Demolition of the Summer House without Permission is up to 2 years in prison and an unlimited fine.

 

Am I losing the plot do I need new advice?

Is there anyway a District Judge Decision in a County Court could get around Statutory requirements of Planning Permissions and remove the possibility of criminal offences.

 

Okay Planning may well be a tick box but it is not the point really especially as we selling the cottage and to protect ourselves.

There is no mention of Planning Permission in The Order the Judge completely failed to take into Planning Law which is staggering in competent.

Edited by dx100uk
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Update

I spoke to an old friend who is Solicitor who cannot think why he saying he does not need Planning Permission for the trees and Summer House.

He cannot circumvent Planning Law.

I have had the right advice.

 

I shall make a complaint to the Court too re lack of due diligence as both ourselves and the Claimant may at risk of criminal offences if we carry out the Order.

 

Quite shocking that the Court has left both the Claimant and Defendant at risk of Planning Breaches and criminal offences and fails to do due diligine Statutory Law that may give rise to criminal offences being committed if the Court Order is carried out.

 

Okay this may be a tick box exercise but Planning is not a given.

 

Apparently it is 2 trees that are most likely to cause problems.

One huge established 60 foot Elm tree rests on the Summer House.

It is gorgeous so do need Planning to come to assess the trees.

 

If anyone else has any comments I would most grateful.

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Is there a Tree Preservation Order in place for either tree?

What does Council Planning say about you needing PP?

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You need planning permission to carry out works to trees in conservation areas regardless of whether there is a tpo or not.

It is free to apply for through the council and if you advise that it is to re-route the easement, that may be taken into Consideration, however they may still decline if they think the tree is too valuable to the area.

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I have had an email from LPA Council today they are taking it up as enforcement issue.

 

What sent me into a panic was have missed something as obviously I do not want to obstruct a Court Order.

 

There is long saga to this.

He appears to have being complaints to various bodies about me for a number of years all came to nothing.

He invited Environment Health on to our garden without consent numerous to look at imaginary poo.

 

The Council had to admit they had been on our garden without consent.

Equally he has taken photos without consent and sent them to the Council.

 

He included a photo he had taken in his Court bundle so we know this actually happened.

He also invited the Council onto our garden without consent.

I have it in writing from the Council he actually did this.

 

We have been told (and are trying to get that confirmed with the Court) that he took over immediate next door neighbour to Court and obtained a Court Order. He apparently did this with photos from inside our garden.

 

The problem with this Complaints we struggled with the DPA to get access to them.

I am requesting Photos taken on our property under GDRP and doing from a slightly perspective this time

 

There is an interest case Jefferies versus Robb CA 28 th June 2012.

The outcome is you must use the easement for its intended purpose not for spying, snooping harassment or taking photos.

He must not prevent the enjoyment of our land.

 

Initially issue is to sort out the Planning issue then further legal advice re the rest of the issues.

 

If anyone has any thoughts please do comment as I can see this affecting people too in relation to Jefferies versus Robb and the statuatory planning issues.

 

There may be one trees that will need a TPO a huge Ash tree that is absolutely gorgeous particularly in summer and so very pretty.

It is very dominant and dominants the gardens of the neighbours behind.

 

Jefferies v Robb CA 28 June 2018 is fascinating and incredibly helpful to anyone who has an easement on their land.

Edited by dx100uk
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Just to update everyone the Council has swiftly obtained a Barristers opinion they agree with my legal advice Planning Permission is needed and they will swiftly bring enforcement action if he tries to remove/trim the trees or demolish the the Summer House. I will keep updating this thread as I can see other people may be similarly affected in conservation areas.

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