UKPC 2x windscreen PNC's claimform - - forgot permit - appealed - res parking my own space - East Croft House, 86 Northolt Road, South Harrow, HA2 0ES - *** Claim Dismissed ***

[FTMDave]

I don't quite know how they've made the balance out to be £599, but anyway ...

Ho!  Ho!  Ho!  If their case for £600 is so good, why are they prepared to accept £200?  I think we can work that one out.

[dbuk2000]

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. 

[jk2054]

Morning, it's a floating case because its a parking claim if i'm being honest and the courts don't really like them.

The judge should have read your WS by the time you get in, but even if they havent, when you get the opportunity to speak you can go through your WS yourself.

You can expect that the Judge will likely ask questions of the claimant's counsel but he may ask some questions for you.

Theres nothing else you need to do prepare and I wish you the best.

If you have any questions between now and 2pm feel free to post them here.

The only thing I'd say - Small claims are relaxed, your a LIP. 

The Claimant will likely end up being represented by an LPC advocate so nothing to worry about there - they're very nice people

[dbuk2000]

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.

[anotheruser0000]

Good Luck! .... Rooting for you!

[dbuk2000]

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. 

[jk2054]

10 minutes.

New record?

Did you get costs for your attendance?

[anotheruser0000]

Well done! .... I hope DCB Legal send the same bloke to my court case

[honeybee13]

Well done!   And thank you for letting us know.

Thank you also for the donation which is much appreciated. Thanks to people like you we can continue to help people with the same problem as you. Good luck with the new role, I hope it goes well.

I'll amend your thread title to show the result.

HB

[FTMDave]

Well done on your victory! 

I also have to say well done to the other side's advocate for being honest with the court.

[Nicky Boy]

Congrats.

Same sentiments as Dave ^^^^^

[lookinforinfo]

Really pleased that you won. UKPC know that you have supremacy of contract but still they persist because so many motorists blindly pay them. 

 Muppets.

[FTMDave]

LFI is spot on.

In fact you could sue UKPC for breach of GDPR, as UKPC knew full well right from the start that their case was hopeless.  They should never have asked for your details from the DVLA.

Take some time to think if that is a road you want to go down.