Parking charge - permit on show but not in bay

Laura_Higgs_76

Here is the claimant's witness statement;
page 1 - http://i64.tinypic.com/if3ecw.jpg
page 2 - http://i67.tinypic.com/24e841l.jpg
page 3 - http://i63.tinypic.com/1icx01.jpg
page 4 - http://i63.tinypic.com/258117l.jpg
page 5 - http://i68.tinypic.com/10z64wi.jpg

Evidence they can act on behalf of landowner - I thought "Bellway" who were the builders, or "Hyde" the housing association owned the car park? Barrats told me over the phone that Hyde owned the land? - hxxp://i65.tinypic.com/2hnbdhh.jpg

Evidence of car park - this is not my car park! I do not live off a roundabout and I cannot work it out at all - hxxp://i68.tinypic.com/o8fjh3.jpg

Here is my car park plan if anyone can work it out? I think they have it wrong - hxxp://i64.tinypic.com/dy8yme.jpg

Can I ask Gladstones for a word copy or do I need to just retype it for my skeleton?

claxtome

You should be able to post http links yourself. Please Try re-editing your post to replace hxxp to http and save the post.

System

Have a go at the contract as this is a micky mouse one - self made.

Firstly it appears to be a contract chain and does not identify who the parties are and if there is a contract between Gem and Phoenix. In addition as was pointed out this week, it is not a "contract" as it is not ostensibly signed by someone in authority.

Section 44 of the Companies Act explains what is required

A document is validly executed by a company if it is signed on behalf of the company—

(a)by two authorised signatories, or

(b)by a director of the company in the presence of a witness who attests the signature.";

There is not even a signature never mind a witness to it.

Add in the wrong car park and the attempt to mislead the court and your home and dry.

Laura_Higgs_76

Thank you IanEmanresu! I didn't know it was essentially a fake contract. Where can I find arguments against this - would it be in the Code of Practice?

Would the judge definitely know it is self made too?

As for the car park - is this usual for them to not even use the right image. It isn't even clear where the visitor bays vs resident bays are let alone me working out if im anywhere on the plan!

Should I still write to the court as it was 3 working days, 5 normal days, late?

All their evidence is, is the contract, parking plan, sign, letters to me and images of my car - they refer to previous cases but these aren't included?

System

would it be in the Code of Practice?

You don't need the code. You just quote s44 from the 2006 Companies Act as above. Primary legislation such as the Companies Act is superior to any Code and any court transcript.

Should I still write to the court as it was 3 working days, 5 normal days, late?

If you do write to the court, you do it as a Skeleton Argument which what you intend to say on the legal from a legal viewpoint. Personally I wouldn't write as you have enough there to sink them but it would help to draft up your thoughts on each element so you don't get confused on the day.

Just have a list of bullet points and the supporting legislation such as the Protection of Freedoms Act if you are usuing it plus the Companies Act here (https://www.legislation.gov.uk/ukpga/2006/46/section/44)

Laura_Higgs_76

Amazing thank you!

I am going to start drafting my Skeleton argument this week to be prepared.

Very nervous but this forum has been amazing.

A lot of the transcripts of how the court day went that I have read, the defendant doesn't say much as the judge is prepared by the witness statements.

Is there any set layout of the day? Would they ever ask me what my main defence points are?

Laura_Higgs_76

Hi all, how can I find out who own the land? I really believe that Hyde own the land, as Barratt mentioned on one of my phone calls, but the contract here mentions "PHOENIX QUARTER ESTATE MANAGEMENT COMPANY LIMITED".

I am trying to find out to put it in my skeleton argument.

KeithP

For £3.00 the Land Registry will tell you who owns the land.

claxtome

Hi all, how can I find out who own the land?

Land registry for £3 but will take a couple of weeks or longer.
From the council - who pays the domestic rates (I think something like that).

Is there any set layout of the day? Would they ever ask me what my main defence points are?

Usually Claimant goes first, then defendant.
Your skeleton argument should mean that you want need to say much as the judge should just ask you do you want to add anything on top of it. All you would probably end up saying is to refute what the Claimant has said on the day.

HTH

Laura_Higgs_76

Thanks both - my court date is next week otherwise I would have paid the £3.00!

So could I ring up the council and ask them who pays?