Claim form-county court business centre

MrsG2711

The tenant who signed a witness statement for me is not here either, I read that this is ok. She’s at work

pappa_golf

has the court been informed that your witness will not be present

MrsG2711

No I didn’t know I had to

pappa_golf

ok , make sure you attack before they do ,

good luck

MrsG2711

The fact that she is working and I have had to take time off is this good enough reason

nosferatu1001

Yes, but youre suppsoed to tell the court IN ADVANCE - and the claimant.
However your witness is secondary I would suggest, compared to the claimants lack of ANY WITNESS AT ALL.....

claxtome

How did it go today?
(Dare I ask)

Umkomaas

claxtome wrote: »

How did it go today?
(Dare I ask)

The lack of an update 24 hours on is a bit ominous. Bumped back to page 1.

MrsG2711

So sorry for lack of update.

As you may have guessed the case was lost due to the tenancy agreement. The judge did say the tenant had a valid grievance case against the housing due to the ambiguous wording of the new t&cs that she signed. He also agreed that they had breached their CoP but obviously it want enough.

It’s shocking how parking companies can behave how they do and get away with it. In this case anyway.

I challenged right of audience of which the judge took note of as the agent was trying to defend the fact that Gladstone’s were late with their WS due to the holiday season. He did not allow their costs or interest for this reason and they definitely did not win due to their work.

I am surprised he added cost for the elms agent though!

I must thank everyone for their input.

Coupon-mad

Shame (good that no costs were awarded!). Not unexpected due to what we discussed here, unfortunately:

Originally Posted by Lisamrie
3 months after the SAR, the housing have now provided signed t&cs from the tenant. The tenant did not recall signing these and they were not on her file. This obviously changes how I go about my case and I now have a chance to add to it as I emailed the court.

The letter/circular from the PC sent to tenants regarding enforcement and issuing of PCNs was nearly a year after the signed T&Cs which were quite generic saying that the tenant had to comply with any parking company rules if in place. The rules at the time of the new T&Cs did not include enforcement and Ticket to be issued. Am I right is assuming the PC cannot make such changes without a process.
You can argue that no contract was formed to pay £100 for parking, because the tenants already enjoyed that right and no adequate notice of same was provided that the tenant signed, so there was no variation of contract.

To which I replied:

''The difficulty might be the bit in bold above...personally I would avoid putting that page of the original tenancy agreement into evidence and use other ways of proving the tenancy started on xx/xx/xx, then show the circular, which you should describe as no more than a newsletter and not something that the tenant recalls being delivered to all residents''.

How did an Elms Legal agent escape your preliminary evidence about Rights of Audience?

Elms Legal don't have RoA.