Letter before claim

Loadsofchildren123

re what cm says - you need to cite cases in which the landowner contract WAS relevant and show how Beavis and the other case/the facts in this case are different

Kind_Of_Irritated

OK?
https://www.scribd.com/document/340223917/Link-MG-WS-Redacted-2-Pages-Only-24Feb-2016

Kind_Of_Irritated

Yes, I did that in my original Defence, which the court and Link/Gladstones had copies of. That's why Gardner replied to it so vehemently, imho.

Now that I'm on Scribd I can also upload my original Defence for those who haven't seen it. Many of those cases I was directed to by Coupon-mad.

Kind_Of_Irritated

Thanks Lamilad. Those seemed to be for pictures and I wanted to upload a document. Anyway, found Scribd and uploaded it there. :beer:

Lamilad

Kind_Of_Irritated wrote: »

Thanks Lamilad. Those seemed to be for pictures and I wanted to upload a document. Anyway, found Scribd and uploaded it there. :beer:

You can upload PDF's to photobucket and dropbox (never used tinypic) but at least you got it sorted

Kind_Of_Irritated

I realise I should have worked this out by now, but I'm still confused. Is this a Forbidding sign?

http://i1347.photobucket.com/albums/p714/Zinqua1/20160913_153413%202_zpsd8lftcds.jpg

Thank you.

Kind_Of_Irritated

And here is a link to my original Defence as sent to court and the other side a few months ago. Gardner seems to be largely responding to this in his WS.

This is a redacted version: https://www.scribd.com/document/340226270/My-Original-Defence-Redacted

Are there any other cases I should include in my Witness Statement which needs to be with the court by this Monday, 27th February? I only ask because some say if you don't mention things early you can't mention them on the day in court. That will be at the end of March, btw.

Loadsofchildren123

Well Jopson trumps what he says about the tenancy points. Have you produced evidence of what the tenancy says?
I think that sign is forbidding - there's an almost identical sign in a case that as on Prankster's blog, I can't remember the case though and it was only district judge level (which means it is "persuasive" rather than binding - ie another judge can disregard it, but is unlikely to). The contractual terms are extremely small.

Have you gone through IPC's code of practice and listed all the breaches?

VCS case:
I contract to sell you Buck Pal. But I don't own Buck Pal so can't actually sell it to you.
The contract is binding, in that you can sue me for damages - but you can't sue me for specific performance, ie to actually sell Buck Pal to you.
So if they are offering parking that they actually have no right to offer you, how can they sue you? That's like saying that the person who contracted to sell Buck Pal can force the other party to actually buy it (when that would be an utter nonsense). A service contract is a little different than a contract for sale of goods/property and the principle therefore doesn't quite apply IMO.

Loadsofchildren123

Perhaps the lesson to be learned from Kimmy's case earlier this week is to ditch unnecessary arguments when you already have a winning argument. If you keep it simple then your winning argument does not get lost in the chaff. In your case this would mean running solely with the Jopson/supremacy of the lease argument.

What do others think?

Loadsofchildren123

The witness statements aren't really the place for legal argument, they are meant to be factual.
A Skeleton Argument would contain these - there is no provision in small claims timetables for these but they are usual in other types of cases so the court is used to them. I'd file one of these at least 3 days prior to the final hearing and serve it too.
The Skeleton will summarise your case in response to the claim, will cross refer to the page numbers in the court bundle (which you will have by then) and will cross refer each point to a particular case.

You will need in your Skeleton to distinguish Beavis from your own case (retail park not residential, commercial interest in ensuring no overstays etc). You don't need to worry about the Skeleton yet - when's your hearing? The point is that you don't need to panic that this is your last chance to get in any legal points.

Your witness statements should really just deal with the facts.