Parking Control Mgt Court Claim

[ochmode]

Hello R0b and all.
Outcome today: the Judge agreed to set aside the CCJ on a condition that I file with the court in 14 days, and serve the claimant my defence and a witness statement which includes a statement of truth setting out facts given to the court. This relates to changing my VRN and notifying the office of the change. He asked for the following documents
1. tenancy agreement (which I didn't include previously)
2. terms of parking (also did not include)
3. copy of reissued parking permit of the vehicle
4. any other documentary evidence.
These must be filed before the 28th of November.
Costs was declined as he said it was my fault for not filing my defence on time, when I mentioned they didn't respond to the SAR and CPR31.14 he stated they weren't required to. I even cited unreasonableness, to no avail.
Nonetheless I'd say it's a one small step in the right direction, I have items 1 - 3 ready but not 4, will have to contact the accommodation office to see if they have anything.
In terms of the defence and WS in particular, would I have to restate all I told the judge in this (seems like that's what he is asking) and the weave it into the draft defence?
Thanks for your help once again. It's much appreciated.

[R0b]

Well done on getting it set aside, that's the main thing as you won't have a CCJ against your name but a lesson learnt to make sure you are on top of deadlines as it could have quite easily gone the other way - judges in County Court are a lottery and you never know which way they will go.

Anyway, if you have an opportunity to file a new defence then I think you should do that. Personally I wouldn't both using the one you submitted for the application as it should be tailored explicitly to your circumstances and you should also take into account whether or not the witness statement and evidence supplied by the claimant, defeats any of your previous defence points. If they do, don't mention them again in your new defence.

Strange that the judge requested the witness statement so far in advance, was there any reason to this as you are normally required to do that within 14 days and would seem quite unfair if the other side doesn't have to submit their WS now, unless they are relying on the used for the set aside. Anyway, yes you are effectively re-submitting everything but use it as an opportunity to polish both documents up and make your defence more robust.

Would suggest you focus on your defence first, I have a working parking ticket example lying around will try to dig it out later today if you want to use as a base template. We can only help you as far as the information you give so if you need any defence pointers then it would be sensible to upload the documents you've received to date from the claimant that supports their case - make sure all personal info is redacted as parking companies do lurk these forums time to time.

Witness statement should be more detailed and more importantly in your own words. It's hard to tell you what to include in the WS because each one is specific to the facts, but as a general rule, you should set out the facts in a chronological order. Here is a link to some example witness statements to get you started EXAMPLE Witness Statement - LegalBeagles Forum. I'm a fan of sub-headings for signposting the judge to understand what relevant parts you are discussing but it's not a requirement.

Time is of the essence here and if you screw this one up, I would be surprised if you get another chance from the court.

[ochmode]

Well done on getting it set aside, that's the main thing as you won't have a CCJ against your name but a lesson learnt to make sure you are on top of deadlines as it could have quite easily gone the other way - judges in County Court are a lottery and you never know which way they will go. .

Thank you! really chuffed with this.

Anyway, if you have an opportunity to file a new defence then I think you should do that. Personally I wouldn't both using the one you submitted for the application as it should be tailored explicitly to your circumstances and you should also take into account whether or not the witness statement and evidence supplied by the claimant, defeats any of your previous defence points. If they do, don't mention them again in your new defence.

Do you mean I should redo the defence completely? obviously tailoring it to the points I am making re no legal contract between I and them?

Strange that the judge requested the witness statement so far in advance, was there any reason to this as you are normally required to do that within 14 days and would seem quite unfair if the other side doesn't have to submit their WS now, unless they are relying on the used for the set aside. Anyway, yes you are effectively re-submitting everything but use it as an opportunity to polish both documents up and make your defence more robust.

Not sure, he just stated he wants a defence, witness statement, and the facts given in court, with copies of tenancy agreement and any doc evidence I applied before charge notice. He also said (reading the the judgement order) both parties shall file at court a completed small claims track directions questionnaire by 4pm 12 Dec.

Witness statement should be more detailed and more importantly in your own words. It's hard to tell you what to include in the WS because each one is specific to the facts, but as a general rule, you should set out the facts in a chronological order. Here is a link to some example witness statements to get you started EXAMPLE Witness Statement - LegalBeagles Forum. I'm a fan of sub-headings for signposting the judge to understand what relevant parts you are discussing but it's not a requirement.

I have attached a draft one here below, do let me know what you think, and also if you found the example you referred to before that would be helpful for the defence. I will redact and upload the claimant WS.


I, xxxxx, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. I learnt of the existence of this claim on the 19/01/2022 when I received a letter from the Northampton Court Business Centre.
2. I filed an acknowledgment of service on 19/01/2022 with an intention to defend this claim and sent a sent a subject access request and CPR 31.14 on 05/02/2022 to the claimant and legal representatives requesting particulars of the claim. Till date both requests have not been responded to. [EXHIBIT B] The claimant mentioned in their witness statement that they received and have responded to the CPR 31.14 but did not receive the SAR request. Which was sent in the same request.
3. I have lived at my current address since Jan 2011, and pay my rent and parking fees directly to the landlord. A copy of my tenancy agreement, and parking terms and conditions are included as Exhibit B and C.
4. Sometime in February 2021 I purchased a new private vehicle registration number and affixed this to my vehicle.
5. I contacted the accommodation office to notify them of the number plate change and provided them with a copy of the new V5C, proving the vehicle was registered in my name.
6. On 26 of May 2021, I got an email from the accommodation office stating I had not supplied a copy of my insurance documentation which I promptly responded to. The accommodation office then responded asking me to contact a third party to pay a £15 administration fee for a new permit to be issued. I contacted the third party and was given a reference to affix to my vehicle pending when the permit arrived. [EXHIBIT D and E - Old and new permits]
7. The vehicle in question has been registered under my name since purchase in September 2020.
8. Particulars of the vehicle’s ownership was provided to the accommodation office including change of VRM.
9. The rent and parking fees have always been duly paid and on time.
10. The rent and parking terms and conditions, serve as contract between the landowner and I and there has not been any variation to contract from the landlord.
11. Therefore, I believe the claimant has no legal justification or basis for this case.

Statement of Truth

[ochmode]

R0b hi mate, I have attached a redacted copy of their WS. Do let me know what you think. PCM WS.pdf

[R0b]

Haven't got time to read the WS just now but to answer some points in your previous post, see below.

Do you mean I should redo the defence completely? obviously tailoring it to the points I am making re no legal contract between I and them?

Yes, I think if you have a chance to polish it up then now is your chance as there's things missing. Referring to your tenancy contract and that there is nothing which stipulated that you are required to comply with any parking terms or obligations.

Re your witness statement, looks a bit short and could be expanded on a little bit. I prefer to signpost by using headings in my witness statement, you don't have to do that but helps when reading and drafting it so you know what to talk about. For example:

1. Introduction
Here you just need to give some relevant information such as setting out the property in question, you being a tenant subject to an AST (I assume) agreement. Also make reference to the fact you are entitled to park at the property and are allocated a parking space.

2. Relevant facts / background
Short, to the point sentences setting out the facts. This is where you talk about events leading up to the PCN and subsequently the claim form.

3. The claim against you
This is where you might talk about the claim or belief that the claimant has no right to pursue you for the parking ticket, cross referencing to your tenancy agreement and any other relevant evidence you have to back up your defence.

Be aware, I do have to caution you that it is possible a court might find that there is an implied contract subject to the parking terms because you have a parking permit, despite your tenancy contract not explicitly subjecting you to parking terms. You may want to have a prepared answer to this if it is raised by the other side or the judge. I might be inclined to say that the permit itself it irrelevant because you have been allocated a parking space as part of your tenancy agreement without restriction and you simply use the permit purely for convenience and to avoid being harassed by the claimant alleging breach of contract/parking terms each time you park your car. The fact that you are here now defending these proceedings is evidence that the claimant's intention will be to pursue legal action against anyone without a permit.

Another argument might be said that the permit itself may be a variation to the terms of your tenancy. My simply answer to that is the Claimant has assumed the right to manage the car park but they have no authority to alter or otherwise vary the terms of your tenancy agreement. Any variation must be agreed between you and your landlord. You could probably use this line of argument about the above point too, that it would be a variation to your contract but the claimant has not authority.

Can't really think of anything else that might crop up at this stage.

[ochmode]

R0b Thanks for this as always. See attached below my redone Witness Statement -redacted.docx and DefencePCM(uk)ltd-redacted.docx please let me know your comments on these.

Yes, I think if you have a chance to polish it up then now is your chance as there's things missing. Referring to your tenancy contract and that there is nothing which stipulated that you are required to comply with any parking terms or obligations.

done

Re your witness statement, looks a bit short and could be expanded on a little bit. I prefer to signpost by using headings in my witness statement, you don't have to do that but helps when reading and drafting it so you know what to talk about. For example:

done.

I am presuming the following points.
1. I can attach my exhibits to the WS but not to the defence as I referred to it there?
2. I can send the defence to the court via email as well as to the claimant solicitor as done for the N244.
3. I include as part of the pack, the directions questionnaire.
4. must send during working hours on Monday 28th Nov by 4pm.

[ochmode]

Hi all, bit of great news this sunny Tuesday afternoon. So I had my day in court today actually and suffice to say, I WON. Summary of it was that the judge was not satisfied there was contract between I and these time wasters. Their documentary evidence was their undoing, so he dismissed the claim. Although I argued for costs - time taken to attend court and spent on prepping, even for the N244 he told me to "beat it" in no uncertain terms. Nonetheless a win is a win, so I am grateful.

Just wanted to shout out to R0b and all who have helped with words of advice, reviewing docs and those who took their time to even create those docs so we can consume and reuse them. You all are the MVPs.

Now I can thrash all the correspondence and move on with my life. Thanks once again all you all.

Ps: happy to give a donation to the forum as a token of my appreciation if that's a thing.

[R0b]

Good news, thanks for updating us.

Shame about the costs, some judges can be quite anal about costs even though the rules explicitly state you should be entitled to some limited costs. Sometimes you just have to push back a little with the judge and I have found whether the judge is not willing to budge or give reasons, they tend to listen to you when you ask that you would like permission to appeal that point (even if you don't intend to) and then proceed to re-explain why their refusal on costs is unreasonable.

All depends on your confidence, however and the worst case is the judge still says no! Nevertheless, you got the outcome you wanted so that is the main thing.

[charitynjw]

Good news, thanks for updating us.

Shame about the costs, some judges can be quite anal about costs even though the rules explicitly state you should be entitled to some limited costs. Sometimes you just have to push back a little with the judge and I have found whether the judge is not willing to budge or give reasons, they tend to listen to you when you ask that you would like permission to appeal that point (even if you don't intend to) and then proceed to re-explain why their refusal on costs is unreasonable.

All depends on your confidence, however and the worst case is the judge still says no! Nevertheless, you got the outcome you wanted so that is the main thing.

Well played all.