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My Witness Statement is due

13468911

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  • ElParque
    ElParque Posts: 74
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    I know this issue IS discussed in lots of threads but I'm trying to narrow down the meaning and possible use of questioning the RoA of the person who turns up in court next week at my hearing.

    Am I right in thinking that if the person who turns up in court isn't

    1) the named solicitor conducting the case
    2) a solicitor who works as an employee or partner of the firm of solicitors involved in the case
    3) an employee of the parking company, ie the claimant

    then they would have no right of attendance unless they are

    a) a barrister

    and/or unless

    1) the case is being held in private
    2) they are being supervised on the day by one of those persons above, in person

    Any clarification with this would be useful!

    Cheers

    (Apols for earlier posting this in a new thread but it's now here!)
  • DoaM
    DoaM Posts: 11,863
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    OP - I've responded in your other thread, to agree that this topic deserves its own thread. That would make it easier for NEWBIES to read and understand in future.
  • ElParque
    ElParque Posts: 74
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    In the email which accompanied the WS from BW Legal, Leigh Schlevis wrote "We confirm that the Claimant will not be in attendance at the hearing, but will be represented by an instructed advocate"

    Is this relevant?

    No mention of CPR27.9 from them.
  • DoaM
    DoaM Posts: 11,863
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    To my knowledge ... this is OK if the advocate is from BWL. If they are from Elms Legal or similar then no RoA may apply as they are not employed by the solicitor having conduct of the case. (They may be engaged and instructed, but they're not employed).
  • ElParque
    ElParque Posts: 74
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    Amongst the claimant's WS was this signed contract supposedly between a representative of the landlord and Excel.

    It is here...

    https://1drv.ms/b/s!AmEbXcoBUcVYgQ9lfre5rr8ofoFa

    The document is dated in 2015 and refers to a contract dated in 2009. The events in my case occurred in 2012.

    I intend to challenge this document (if it comes to it) by asking to see a copy of the 2009 contract the document refers to.

    Any other ways to challenge it?
  • Coupon-mad
    Coupon-mad Posts: 130,603
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    Signature looks altered?

    And there is no such ATA as the Independent blah blah...
    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 THREAD
  • ElParque
    ElParque Posts: 74
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    What does ATA stand for?

    Actually, you've just helped me here by highlighting this line. At the time of the event in question, Excel weren't in the IPC, They were members of the BPA!!! So, this document shows nothing!

    HA HA HA
  • ElParque
    ElParque Posts: 74
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    Coupon-mad wrote: »
    Signature looks altered?

    And there is no such ATA as the Independent blah blah...

    Do you mean they aren't Independent? This ATA did exist in 2015 though it's now called something else.
  • Umkomaas
    Umkomaas Posts: 41,255
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    Have you carried out a search on 'RPI Pension Fund'? I can't find anything and I'm 4 pages in on Google search results.

    I admit it gets clogged up with 'Retail Price Index' references, but other than that, I can't find anything called 'RPI Pension Fund'. But please do your own search to check, for certainty.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • It would be interesting (and critical) to see the contract.

    A companies house search reveals that Mr Leonard Daniel Seitler is a director of Retail Property Investments Ltd. That is a commercial entity. It is unclear how or why a pension fund (which is not a registered company) could contract for parking.

    Bear in mind that even old contracts can be valid if they proceed on a 'rolling basis. ' however changes in entity (eg change of managing agent or incorporations) could well terminate the contract.

    Hope that helps :)
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