County Court Business Centre

[FarrMo]

Hi All,

Firstly, thank you in advance for any and all help/advice.

Background:
I moved into a new build apartment complex in May 2019, we had been sold this apartment with the understanding that some homes would have a parking bay and others wouldn't. From May 2019 until about June 2019 there were no signs and no private company managing the parking. I, like many others, parked carefree. From July 2019 "one parking solution Ltd" began managing the parking, they put up signs (i don't have any pictures of this original sign) and wardens started attending the site to issue parking fines. Around December 2019 (rough estimate of date) these signs were removed and new ones put up. Both signs from a distance look the exact same so what was actually changed is impossible to know and as I don't have a picture of the original I guess we'll never know.
I parked throughout 2019 and received many tickets, most of these tickets were given whilst I was parked in 1 of 2 unassigned bays. I will also have some tickets which were issued to me when I was parked in assigned bays for flats which were unoccupied. I ignored the letters for demand for payment as I know how these private parking companies work, they extort people out of their money, as most people don't know the rules, myself included.

Currently:
I have just received 2 county court claims, 1 for each of my cars. 9 charges for 1 car totalling £1798.61 and 3 charges for the other totalling £669.53. I don't currently own the car with 9 charges as it was written off.


There was a lot of confusion at the time as this is a new build complex. The exact parking restrictions were not clear especially in regards to the unassigned bays and other locations where a car can be parked without causing obstruction to other vehicles.

Do I have a case here? Is there anything I can do to defend against these claims?

EDIT: I have 14 days to file acknowledgement of service.

[pt2537]

Hi there

Do you have copies of the notice to keeper that you were sent, and do you have the parking tickets? if you do then we may need to see redacted copies to be able to advise whether the protection of freedoms act has been complied with,

Secondly, i presume that you have a lease which gives you rights to park, i think we would need to see the lease to be honest to know what your rights are etc. Rights in a lease normally will trump private parking companies

Ive been up against One Parking solutions, theri notices to keeper often fail to comply with the law, so can often be challenged

[FarrMo]

Hi there

Do you have copies of the notice to keeper that you were sent, and do you have the parking tickets? if you do then we may need to see redacted copies to be able to advise whether the protection of freedoms act has been complied with,

Secondly, i presume that you have a lease which gives you rights to park, i think we would need to see the lease to be honest to know what your rights are etc. Rights in a lease normally will trump private parking companies

Ive been up against One Parking solutions, theri notices to keeper often fail to comply with the law, so can often be challenged

I was a bit silly and didn't keep any of the tickets or notices that came thereafter. Is there a way to get copies of these as well as the PCN's? Is it worth reviewing the signage to assess for any areas/aspects which would permit me to park?
Do I upload the parts of the lease that refer to parking here?

[ostell]

Yes upload the lease here or on a hosting site such as imgur and post link on here.

CPR 31.14 request to the solicitor requesting PCNs, images of the signs that allegedly created the contract taken at the time, copy of the contract the claimant has operate on the site, with authority to charge and take legal action

SAR to claimants.

Post up a readable photo of the current signs

[FarrMo]

I am awaiting the lease which I can then share. I have taken a picture of the sign. How do I ask for the PCN's and notices and any evidence? Do I just send an email to OPS Ltd?


Link to signs on site currently.
https://imgur.com/gallery/s4IiulF

[FarrMo]

Apartment lease images:
https://imgur.com/gallery/iQ8XETG

Hi please find pics of my lease in all areas pertaining to the car park. I have emailed DCB legal for "request to the solicitor requesting PCNs, images of the signs that allegedly created the contract taken at the time, copy of the contract the claimant has operate on the site, with authority to charge and take legal action"
I await their response.

[FarrMo]

So DCB Legal have said

"in respect of your request for evidence, as a claim has been issued, we are not obliged to provide evidence at this time unless we are instructed to do so by the court."

I have no access to any evidence they have as I discarded the PCN's and any letters.

What do I do going forward from here?

[ostell]

So you write back to them and ask them what makes them exempt from complying with the Civil Procedure Rules. You will, of course, make sure that the court will be notified of their non compliance which has prevented you from presenting a full defence and you will be looking to the court to allow you to modify your defence when the documents are ordered and the cost being met by the claimant.

[FarrMo]

Can someone please help me with my defence? I have uploaded the signs on parking site and the lease where it pertains to the car park onto the Imgur website links as follows:

https://imgur.com/gallery/s4IiulF
https://imgur.com/gallery/iQ8XETG

My issue date was 10th of February so I guess I have 28 days from then to file a defence. I understand without the PCN's and other evidence of infraction as well as their terms of contract on the site, this will be difficult but DCB legal have refused to disclose these. Should I defend in whole or defend in part?

[FarrMo]

These are the PoC of both Claims: (the second claim has 9 PCN's instead of 3 but essentially worded the exact same way)

1. The defendant (D) is indebted to the claimant (C) for a parking charge(s) issued to vehicle XXXX at XXXX(address).
2. The PCN details are 26/8/19 OPS186464, 9/7/19 OPS182548, 8/7/19 OPS182537.
3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on C's signs (the contract), thus incurring the PCN(s).
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £480 being total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum persuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.11 until judgment or sooner payment.
3. Costs and court fees.

[ostell]

The signs are prohibiting

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. To state that a contract to park was created when it is specifically forbidden is perverse. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

Is there anything in the lease that specifies a parking spot?

[FarrMo]

There is nothing in the lease that specifies a parking spot. I purchased my flat with the knowledge I wouldn't have a parking space but there were some blank (unassigned) bays and thats where I parked or in an area between buildings where there were no bays but enough room to park without obstructing others.
Should I instruct a solicitor to help me with writing out a defence and filing the papers correctly etc? The online forms seem fairly straightforward but I have no experience with law etc and worry about filling things out incorrectly. Any advice would be greatly appreciated.


I still need to do my acknowledgment of service. The papers were served on 10/2/2021. Is this straightforward should I complete this asap or should I get advice on completing this part?

[FarrMo]

would i select defend in full or defend in part?

[ostell]

Defend in full. Nothing in defence. This gives you 33 days from date of issue to get your defence to court

[FarrMo]

I have to put my defence through soon as deadline approaches.
Is there any specific method I need to write this out in?
How do i defend my position? Do I literally just explain how the signs dont apply to a contract with me etc and do I need to defend each point of the claimants PoC?
I would be very grateful for any help and support in this. I am doing it online as its a much swifter method.