IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Do I have a case or shall I just pay it? Galdstone letter
Options
Comments
-
here it is:9. Lord Justice Lewison commented in VCS v HM Revenue & Customs [2013] EWCA Civ 186
1. “The Upper Tribunal’s reasoning on this part of the case was that since VCS did not have
the right under its contract with the car park owner to grant a licence to park, it could not
have contracted with the motorist to grant such a right. In my judgment there is a serious
flaw in this reasoning.
2. The flaw in the reasoning is that it confuses the making of a contract with the power to
perform it. There is no legal impediment to my contracting to sell you Buckingham Palace.
If (inevitably) I fail to honour my contract then I can be sued for damages. On the stock
market it is commonplace for traders to sell short; in other words to sell shares that they
do not own in the hope of buying them later at a lower price. In order to perform the
contract the trader will have to acquire the required number of shares after the contract of
sale is made. Moreover, in some cases a contracting party may not only be able to
contract to confer rights over property that he does not own, but may also be able to
perform the contract without acquiring any such right. Thus in Bruton v London and
Quadrant Housing Trust [2000] 1 AC 406 a housing trust with no interest in land was held
to have validly granted a tenancy of the land to a residential occupier. The tenancy would
not have been binding on the landowner, but bound the two contracting parties in
precisely the same way as it would have done if the grantor had had an interest in the
land.
Thus in my judgment the Upper Tribunal were wrong to reverse the decision of the FTT on
the question whether VCS had the power to enter into a contract. Having the power to
enter into a contract does not, of course, mean that VCS necessarily did enter into a
contract with the motorist to permit parking”0 -
so I got my case end of this week.
My panic mode just kicked in ....
0 -
here it is:
Oh it was that pile of trash. Not worthy of comment!
Have you submitted your skeleton argument and any exhibits/evidence to support it? Never mind anything complicated, this is your main argument I would say:The sign also doesn’t make any offer to those not able to ‘pay in advance’ caused by a glitch in paying system.
The Claimant would like to point out that a ticket was purchased via the “Pay by Phone” App for the day in question but for some reason the payment on that day did not go through which appears to have been a fault in the system. In any event, this has not at any point been evidenced to be any fault of the driver. When the driver, who was by then off-site, realised the App had not worked (as no confirmation email was received) the driver used the App again and paid for the whole day (12hrs) parking again straight away, the same day, whilst the car was parked.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I do agree and believe its the strongest point! The driver tried to pay via the app (in good faith).
Shall I add this as a main statement to my skeleton argument?
I have not submitted skeleton argument. Can i just take it with me on the day? or shall I post it now? do i also need to send copy to Claimant?0 -
How can you show that about the driver when you are not admitting you were the driver and saying you don't have to identify the driver.
Doesn't knowing that imply you were the driver?
Not criticising, just preparing you for a question the other side are bound to ask, or even the judge.
Any ideas from Coupon Mad or the other regulars as to how the OP deals with this, as it's the lynch pin of his/her case?Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Re service of the Skeleton:
There is no express provision in the small claims for filing/service of Skeletons. In the other court divisions, there is usually provision for them to be filed and exchanged 2/3 working days prior to the hearing.
So yes, serve it and I'd say to do that 3 days before the hearing. And file it at court - can you email it to the court as it may take more than 3 days to get to the court file. Or deliver it in person and tell the person behind the counter that it's needed for a hearing on x date.
On the day, take extra copies with you in case the judge hasn't had it, or if the other side deny having it. Also take copies of your authorities (cases) - one for you, one for the judge, one for the other side.
Have you got a paginated bundle from the other side? If so, add in page references (cross referring to your own defence, witness statement and the particulars of claim and their witness statement and exhbits) to make it as easy as possible for the judge to use it and follow it.
The Skeleton is a useful document, especially for a litigant in person - it effectively presents your case and you can either read it through for the judge, or simply ask the judge if he/she has read it and if you can help them with anything else. It helps you to be less nervous. Barristers never go to court without a "Case Summary/Skeleton Argument", so take the lead from them!Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
I think you should add in that you want costs, and make a costs schedule - one was posted on the forum last night. Say that they've behaved unreasonably and so the rules do allow a costs order to be made. You can recover travel expenses, day off work etc, but also £19 per hour as a litigant in person. You need to schedule these costs and the man hours it's taken you to draft the documents and consider theirs - divide this up between the different activities so it's as detailed as possible.
i'll look up the rules and tell you which ones they are in a minute.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Thanks for the comments,How can you show that about the driver when you are not admitting you were the driver and saying you don't have to identify the driver.
Doesn't knowing that imply you were the driver?
Not criticising, just preparing you for a question the other side are bound to ask, or even the judge.
Any ideas from Coupon Mad or the other regulars as to how the OP deals with this, as it's the lynch pin of his/her case?
I am not the only driver on the insurance therefore it could be my partner. The pay by the phone App is registered to my card - does not mean that on the day I was the driver.
But I do agree - what do I say if judge asks me who was the driver? can i still stand by my POFA? saying i refuse to reveal the driver?0 -
CPR rule 27.14 (I've removed the irrelevant parts - parts struck out are amendments to the rules so I've left those in to avoid confusion). Paragraph 2(g) is the important part:
27.14
(1) This rule applies to any case which has been allocated to the small claims track unless paragraph (5) applies.
(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –
(a) the fixed costs attributable to issuing the claim which –
(i) are payable under Part 45; or
(ii) would be payable under Part 45 if that Part applied to the claim;
(b) [irrelevant];
(c) any court fees paid by that other party;
(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;
(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;
(f) [irrelevant];
(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;
For the purpose of costs orders, litigants in person are allowed to claim an hourly rate of £19, this is set out in:
Practice Direction 46 (paragraph 3.4) and CPR Rules 45.39(5)(b) and 46(4)(b)).Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Thanks for the comments,
I am not the only driver on the insurance therefore it could be my partner. The pay by the phone App is registered to my card - does not mean that on the day I was the driver.
But I do agree - what do I say if judge asks me who was the driver? can i still stand by my POFA? saying i refuse to reveal the driver?
You say that an occupant of the car paid for parking as it is the truth.
Nobody can force you to name the driver, not even a judge. You simply quote the relevant part of the POFA and make sure you have a copy f all of it with you. Also use the Henry Greenslade quote that it cannot be assumed that the keeper was the driver. He was a barrister and former senior PoPLA assessor I believe.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0
This discussion has been closed.
Categories
- All Categories
- 343.6K Banking & Borrowing
- 250.2K Reduce Debt & Boost Income
- 449.9K Spending & Discounts
- 235.8K Work, Benefits & Business
- 608.8K Mortgages, Homes & Bills
- 173.3K Life & Family
- 248.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards