Lost UKPC Residential Parking and County Court Claim

**Kati** · 19th September 2016, 14:14:PM

Re: UKPC Residential Parking and County Court Claim

tagging [MENTION=5354]mystery1[/MENTION] xx

**mystery1** · 19th September 2016, 18:25:PM

Re: UKPC Residential Parking and County Court Claim

Can you scan the claim form and sanitise it ?

There appear to be marked spaces under the roof but that's not a great argument.

The lease could prove interesting. What does that say about parking ? Can the people you lease from help ?

http://www.miltonkeynes.co.uk/news/m...#comments-area Sadly no transcript ,

Also High Wycombe Three Approved Judgment.pdf

M1

**theymademedoit** · 20th September 2016, 14:53:PM

Re: UKPC Residential Parking and County Court Claim

I'll scan the form tonight for you. My quote on the first post is all is says and i copied it word for word.
There are three spaces under the open roof but there are no markings what so ever.
I'll have to look again at the lease but i did find an addendum showing where parking is allowed. I'll scan this also

**theymademedoit** · 20th September 2016, 15:03:PM

Re: UKPC Residential Parking and County Court Claim

I've no idea if it makes any difference but I've also just realised that the UKPC signage states 'No unauthorised parking' yet I own a property there and have never had to register my vehicle for authorisation

**theymademedoit** · 20th September 2016, 18:30:PM

Re: UKPC Residential Parking and County Court Claim

Here is a link to the requested paperwork
https://www.dropbox.com/sh/m2hyanysh...wGaTVWE_a?dl=0

**mystery1** · 20th September 2016, 21:16:PM

Re: UKPC Residential Parking and County Court Claim

Do you have the actual lease (looks like para 14 we need) ?

File acknowledgement of service

Also a cheeky wee enquiry to http://www.parrottandcoalesllp.co.uk...james-couzens/ and http://www.brickcourt.co.uk/people/p...ahra-al-rikabi to see if they have a copy of the judgement ( http://www.miltonkeynes.co.uk/news/m...#comments-area )you could have as it would potentially be very useful.

Also the map, where is the area shown marked edged mauve ? (see number 1 line 4 )

M1

**theymademedoit** · 22nd September 2016, 20:37:PM

Re: UKPC Residential Parking and County Court Claim

Paragraph 14 says... 'To comply with all or any regulations which the Landlord of the Company from time to time may reasonably make in respect of the Estate and not to do or omit anything which would or might be a nuisance or inconvenience to any other person therein'.

I can't seem to find any other maps with parking areas marked in mauve

**mystery1** · 22nd September 2016, 21:34:PM

Re: UKPC Residential Parking and County Court Claim

I'm working until Saturday so should get back to you Sunday/Monday. If not bump your thread to remind me.

M1

**theymademedoit** · 25th September 2016, 14:51:PM

Re: UKPC Residential Parking and County Court Claim

bump

**mystery1** · 26th September 2016, 11:01:AM

Re: UKPC Residential Parking and County Court Claim

I would reply to the claimant as follows :-

Dear Mr White,

I am in receipt of particulars of claim, court claim xxxxxx that you have signed as a paralegal who works for the claimant.

I would ask that the claimant re-pleads their case as it does not meet the civil procedure rules and in particular CPR 16.4 and practice direction 16.

They don't specify whether it is an individual or company, driver or registered keeper, whether it is one vehicle or multiple vehicles or which term has been breached. The written contracts were never supplied either.

CPR 16 requires particulars of claim to include

16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
(e) such other matters as may be set out in a practice direction.

(2) If the claimant is seeking interest he must –
(a) state whether he is doing so –
(i) under the terms of a contract;
(ii) under an enactment and if so which; or
(iii) on some other basis and if so what that basis is; and
(b) if the claim is for a specified amount of money, state –
(i) the percentage rate at which interest is claimed;
(ii) the date from which it is claimed;
(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;
(iv) the total amount of interest claimed to the date of calculation; and
(v) the daily rate at which interest accrues after that date.

Practice direction 16 requires

7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

It is arguable if the POCs actually contain a cause of action.

In addition to the failures of the POCs content they are not signed by anyone who is allowed to do so. The statement of truth is signed by yourself, Anita Dile, and you have stated that you are a paralegal. CPR 22 requires a statement of case to be verified by a statement of truth.

22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph (2).

Practice direction 22 gives information as to who cansign and in what capacity they do so.

Who may sign the statement of truth
3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by:
(1) the party or his litigation friend, or
(2) the legal representative of the party or litigation friend.

3.5 Each of the following persons is a person holding a senior position:
(1) in respect of a registered company or corporation, a director, the treasurer, secretary, chief executive, manager or other officer of the company or corporation, and
(2) in respect of a corporation which is not a registered company, in addition to those persons set out in (1), the mayor, chairman, president or town clerk or other similar officer of the corporation.

3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.
3.8 Where a legal representative has signed a statement of truth, his signature will be taken by the court as his statement:
(1) that the client on whose behalf he has signed had authorised him to do so,
(2) that before signing he had explained to the client that in signing the statement of truth he would be confirming the client’s belief that the facts stated in the document were true, and
(3) that before signing he had informed the client of the possible consequences to the client if it should subsequently appear that the client did not have an honest belief in the truth of those facts (see rule 32.14).

Companies
Paragraphs 3.4 and 3.5 apply. The word manager will be construed in the context of the phrase ‘a person holding a senior position’ which it is used to define. The court will consider the size of the company and the size and nature of the claim. It would expect the manager signing the statement of truth to have personal knowledge of the content of the document or to be responsible for managing those who have that knowledge of the content. A small company may not have a manager, apart from the directors, who holds a senior position. A large company will have many such managers. In a larger company with specialist claims, insurance or legal departments the statement may be signed by the manager of such a department if he or she is responsible for handling the claim or managing the staff handling it.

In-house legal representatives
Legal representative is defined in rule 2.3(1). A legal representative employed by a party may sign a statement of truth. However a person who is not a solicitor, barrister or other authorised litigator, but who is employed by the company and is managed by such a person, is not employed by that person and so cannot sign a statement of truth. (This is unlike the employee of a solicitor in private practice who would come within the definition of legal representative.) However such a person may be a manager and able to sign the statement on behalf of the company in that capacity.

As can be seen a paralegal has no right to sign a statement of truth as claimant for a firm or a legal representative. It is also clear that if the claim form and statement of case are not corrected that i should apply to the court to have them struck out with costs. I believe in being reasonable so i am giving you the opportunity to correct these errors without the need to bother the courts and run up unnecessary costs.

I would also urge you to read the legal services act 2007 as it may constitute a criminal offence to conduct reserved legal activities which might be the case.

Further

Practice direction 7E

5.2 Detailed particulars of claim must either be –
(1) included in the online claim form but must be limited in size to not more than 1080 characters (including spaces); or
(2) served and filed by the claimant separately from the claim form in accordance with paragraph 6 but the claimant must –
(a) state that detailed particulars of claim will follow; and
(b) include a brief summary of the claim,
in the online claim form in the section headed ‘particulars of claim’.

5.2A The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

Practice direction 16

7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing

If i do not hear back by 03/10/16 i will have to reassess my position and proceed with an application for strike out.

Yours sincerely

Edit to suit and add reference numbers etc

Do not forget to file Acknowledgement of Service in the mean time.

M1

**theymademedoit** · 26th September 2016, 11:16:AM

Re: UKPC Residential Parking and County Court Claim

Thankyou very much. I have filed Acknowledgement already.

Would it be possible to give me a brief overview of what the defence means in layman terms?

**mystery1** · 26th September 2016, 11:20:AM

Re: UKPC Residential Parking and County Court Claim

It's not a defence.

It's a complaint that they haven't followed the rules and we are asking them to alter their shit so it does comply with the rules.

The defence will follow but it is better to get the facts correct so we have the information to attack in the best way possible rather than ignore the vagueness and just try and counter everything.

I meant to ask, the say vehicle(s) is this just another part of their template that's vague ? or are their more than 1 vehicle involved ?

M1

**theymademedoit** · 26th September 2016, 11:22:AM

Re: UKPC Residential Parking and County Court Claim

Ahhhhh ok that makes sense.
Just the one vehicle involved at this point.

Thanks again

**mystery1** · 26th September 2016, 11:24:AM

Re: UKPC Residential Parking and County Court Claim

Ok i'll do a quick edit. :- done.

M1

Lost UKPC Residential Parking and County Court Claim