County Court Business Centre Claim Form received for parking in own space

[monkeymum9]

Please help! Received a County court claim letter for parking in own space from 3 years ago. I failed to show the permit as had a temp car at the time. As soon as got first PCN - reminded me to put permit in but had a few PCNs by this point.

[ostell]

So what does your lease say about the space and what do the signs say

[monkeymum9]

I was a tenant at that time. The tenancy says as follows re: parking:
15. Cars and Parking

15.1. To park a private vehicle only at the Premises.

15.2. To park in the car parking space, garage or driveway allocated to the Premises, if applicable.

15.3. To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.

15.4. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.

15.5. Not to park any vehicle at the Premises that is not in road worthy condition and fully taxed.

Sign read:
“Parking is permitted for: vehicles fully and clearly displaying a valid permit in the front windscreen and fully park within the confines of a marked bay and/or preauthorised vehicles parked wholly within their allocated parking space. “
*

[ostell]

So there is nothing in the lease requiring you to display a permit. Can you still get in touch with the landlord to ask what his lease says about parking. If it is the same then the company are trying to operate on a premises they do not have a right to.*

How do you know it is the correct space allocated to you?

Acknowledge the claim after 5 days from date of issue using the details and the password on the form. Nothing in the defence. This gives you 33 days from the date of issue to get your defence to the court.

[monkeymum9]

Great! Thankyou.

The lettings agent told us which number it was when we moved in.

I can definitely try and contact the landlord.

[ostell]

If the land for the parking space was owned by the landlord then the parking company are wrongly working on land that is not theirs

[monkeymum9]

The landlord is currently unable to get to the paperwork due to self-isolation but the space is owned by the landlord.
In the letter from the parking company* following my initial appeal
"Landowner Authority: Every site with active parking enforcement by 'Parking Company' holds

a current valid contract with the landowner, managing agent or other authorised persons.

*

[ostell]

So you ask them, as they cannot tell you who the contract is with, for a copy of the contract that shows they have the right to operate on your land as the landholder.

[monkeymum9]

Would I ask this in my defence statement?
Thanks again

[ostell]

You aver that they do not have a contract to operate in that area

[monkeymum9]

Should I post a copy of my defence in this forum?