County court judgment against the wife over a year old

Coupon-mad

Is there a way I can find out if the range lease the site? If so does that make them tenants, without the power of the landowner?

Land Registry for £3 - and yes that can be a point of defence.

mrelliott

Here's one for you, I've bought 3 things from land registry one detailing the freeholder (coif nominees ltd) and the lease holder (cds superstores ). So cds have proprietary ownership, so that's that argument stumped (sort of ). The thing is in the charges register it specifically highlights the car park as having certain restrictions from buildings fencing shrubbery etc.. but one restriction of interest to me is " as aforesaid shall not at any time be used for the purpose of any shop trade or business except the business of a school "
So in lay man's terms does that mean in the space refered to on the plan, cannot be used to run a business , I. E a parking enforcement company?
Appreciate your thoughts !

hoohoo

You can certainly argue that to a judge.

And also inform the council that a planning contravention needs to be investigated.

parkingEye issue about 0.4 parking charges per parking space per week, according to PE v Somerfield.

peter_the_piper

I suspect they would say they are not running a parking enforcement company but a parking management company. Not that any ever do manage a car park, no money in it.

mrelliott

I'm in the process of printing out editing and personalising my defence (skeleton defence from prankster) ,it requires a lot of printing out of exhibits and case references and I mean a lot , my question have i got to make 3 copies of all off this? It's going to be nearly a whole pack of a4 paper per whole copy !
thanks

hoohoo

You wont need the exhibits for the set-aside, or even really the defence, but as you have done this, it won't harm things to bring it.

In the set aside you just have to show you have a good case, not actually win the case.

PE wont be there so you can get away with 2 copies. Or one copy if you give it to the judge.

You would be best to list your legal points as bullet points right at the beginning. then the judge can skim-read these and realise that you have a potential case. They wont then need to read further.

mrelliott

Ok so if I was to print everything off once and take it to both hearings, but also make bullet points about every bit of case and exhibit I'm presenting this would be enough? I'll print 3 copies of my defence to take to the court . Thanks hoohoo.

mrelliott

Sorry about the two posts !

hoohoo

This will be more than enough and good luck!

mrelliott

Ok just a few more questions then ill leave it for a bit .
So the situation with the wife , she has a ccj over a year old,were going to fight it all the way through.
So my questions are 1. If we're aloud to get the case set aside, are we still able to ask the judge to get popla to makes judgment on the case? And if so, if we win how would we claim back costs? Last question. As my wife did not receive any notification that ParkingEye were pursuing her and consequently issued a ccj against her for well over a year , she cannot honestly say that she waited in the car park before the store opened, or that she decided to go home and return, maybe double dip scenario? we are worried about how we present that to the judge. I.e either my wife parked before the store opened and did not see the signs (or confused by the signs) and so she allowed herself to risk a parking charge. Or as I say a victim of double dip. Obviously a sane person would not sit in the car park knowingly they will be charged £65 , so she must of not seen the signs or she was filmed twice. Obviously we would be honest, but will the judge want a definitive " I parked " or " I can't rember" ?