3. 3 Private parking tickets - being pursued for all 3 and had a CCJ claim made
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Re: 3 Private parking tickets - being pursued for all 3 and had a CCJ claim made
« Reply #45 on: »
I'll take a more thorough look when I've more time but my initial thoughts from a skim:

  • If it were me, I'd probably lead with the primacy of contract point
  • I'd be tempted to change the wording on the point around them putting an incorrect address. At the moment the wording implies that there is confusion as to where the alleged parking events took place. Then immediately after, you state that you live there, which suggests no such confusion exists.
  • Where you mention other cases that support your argument, it would be wise to find and include transcripts of these where possible. Don't assume the judge will be familiar with them.
  • For your point around prohibitive signage, a brief outline of why there is no offer communicated would be helpful
  • I'm not sure an online address finder tool counts as proof of what is an 'official' address. As you have a tenancy (part of which you have already shown), this presumably lists the actual address and would seem to be decent evidence
  • On that point, including a full copy of your lease as an exhibit might be sensible, so that there can be no doubt that it is a lease for the property in question
  • You make a point about PoFA, then move onto signage, then go back to PoFA. It would seem to flow better to keep all related points together.
  • Your point around the 'period of parking' could be two points. You've already made the point re PoFA, but more fundamentally, you can argue that they have failed to demonstrate that the vehicle remained parked for longer a sufficient period of time for a contract to be formed (i.e. for the driver to get out, read the terms, and decide whether to park).
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Re: 3 Private parking tickets - being pursued for all 3 and had a CCJ claim made
« Reply #46 on: »
I would definitely lead with the 'primacy of contract' point.

You can destroy their claim in a few minutes once you get into the hearing.

Your defence in that respect is very very simple, namely; that I do not need to enter a contract with a third party private parking contractor since I already have the required rights to park.

There is no way that the claimant can rebut your evidence - BOOM.



I would also add a paragraph which rebuts the claimants assertion that you have formed any contract with them.

In order to form a contract the law requires 'an intention on the part of both parties to form a legal relationship' - you can demonstrate that you had no intention of forming such a contract - why would someone form a contract with the claimant when they already had an established and existing right to park - a very technical point of contract law but, again, very hard for the claimant to rebut.
« Last Edit: Today at 09:06:09 am by InterCity125 »
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Re: 3 Private parking tickets - being pursued for all 3 and had a CCJ claim made
« Reply #47 on: »
It's not capitalised, which would suggest not, but is "the property" defined anywhere in the lease?

My guess here is that the lease is poorly drafted, and the landlord didn't intend to create any rights to just park anywhere on the land, but has ended up creating an ambiguously worded contract
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Re: 3 Private parking tickets - being pursued for all 3 and had a CCJ claim made
« Reply #48 on: »
The property is just defined as the address of the property.
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  3. 3 Private parking tickets - being pursued for all 3 and had a CCJ claim made