PACE v Mr N Transcript

Jonas_264

New here so please be nice.

I am being taken to Court for not displaying a parking permit in my own parking space in a block of flats.

I have located the lease to the property which gives me the unconditional right to park.  There is no mention of any parking management or need to display a permit.

With this in mind I am running the primacy of contract argument that signs in the car park cannot alter or amend the lease.

Does anyone have a copy of the transcript for PACE v Mr N?  I have seem this case referenced a lot but all links the transcript seem to be broken.

Any help much appreciated.

KeithP

Hello and welcome.

Here's a working link to that transcript...
Pace v Mr N C6GF14F0 [2016]

What is the Issue Date on your Claim Form?
Who is the Claimant?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Can you please show us the Particulars of Claim?

Jonas_264

Thank you.  The PoC were just that I was parked without displaying a permit on 4 separate occasions and the details of the dates and times.  I do not dispute this. I sometimes forgot to display it.

The Court date is soon and I've done my witness statement referencing the lease, the fact it allowed unconditional parking and also that the signs displayed by the parking company cannot override the lease.

I've basically followed all advice on here and other websites regarding primacy of contract.

My understanding is this argument has been repeatedly accepted by the Courts so I'm reasonably hopeful that the case will be discontinued and that if we go ahead the Judge will find in my favour.

Umkomaas

I'm reasonably hopeful that the case will be discontinued

Which parking firm?  Who are the solicitors representing them?

Coupon-mad

Jopson v Homeguard is also important because it was on appeal.

Have you done your WS and evidence bundle in time?  See the 5 username links to examplar WS in the NEWBIES thread & the a-f list of recommended exhibits.

Jonas_264

Thank you - Witness Statement is done with all relevant documents and legal authorities exhibited including the lease.  I raised all of these issues in my Defence back in 2022.  Lease has primacy, no notification of intent to vary or alter it, etc...

This has taken some 2 years to get to Court from the initial Letter of Claim and we are now 6 years on from when it all happened.  I have long since moved out of the flat.

Why is this being pursued?  Whole thing seems like a big waste of everyone's time. 

Coupon-mad

Indeed.      

Fruitcake

Jonas_264 said:

Thank you - Witness Statement is done with all relevant documents and legal authorities exhibited including the lease.  I raised all of these issues in my Defence back in 2022.  Lease has primacy, no notification of intent to vary or alter it, etc...

This has taken some 2 years to get to Court from the initial Letter of Claim and we are now 6 years on from when it all happened.  I have long since moved out of the flat.

Why is this being pursued?  Whole thing seems like a big waste of everyone's time. 

Pure greed.

Coupon-mad

Jonas_264 said:

Thank you - Witness Statement is done with all relevant documents and legal authorities exhibited including the lease.  I raised all of these issues in my Defence back in 2022.  Lease has primacy, no notification of intent to vary or alter it, etc...

This has taken some 2 years to get to Court from the initial Letter of Claim and we are now 6 years on from when it all happened.  I have long since moved out of the flat.

Why is this being pursued?  Whole thing seems like a big waste of everyone's time. 

And you were right.  Congrats!

ANOTHER ONE BITES THE DUST!

As you posted on another thread:

Jonas_264 said:

This has concluded - 2 years since the original letter of claim and 6 years since events took place.  I parked in my own space without displaying a permit on 3 occasions.l at my own flat.

Case was heard this morning and thrown out in 15 minutes by the Judge.  

I didn't even get to recite the primacy of contract arguments I had made in my Defence and Witness Statement - the Judge decided the parking company had never actually defined the area that they purported to exercise jurisdiction over - essentially the authority to operate document between the management agent and the parking company was defective as it didn't identify the spaces in question.  

What a waste of time - and their offer to go away on the door if I paid them £650 was laughable.