Impending CPMS court date, defence review please

nikko9999

Ok, I could explore that a bit more then. What would I need to prove I was actually visiting or that I knew someone who owns a flat in the complex?

KeithP

nikko9999 wrote: »

Ok, I could explore that a bit more then. What would I need to prove I was actually visiting or that I knew someone who owns a flat in the complex?

You were actually visiting, weren't you?

You were visiting the flat of (for want of a better description) your 'informal landlord'.

Coupon-mad

nikko9999 wrote: »

Ok, I could explore that a bit more then. What would I need to prove I was actually visiting or that I knew someone who owns a flat in the complex?

Are you at 'Witness Statement and evidence' stage, with a court date allocated?

Could you ask the person whose flat it is for a Witness Statement (dated & signed) confirming that he owns the flat and you were a legitimate overnight, invited visitor (on xxx date and xxxx date - matching the parking event dates) and the rights of way that his lease provides were conferred by him to you on both occasions (copy attached ONLY if it's helpful), and that the car arrived at 3am and was fully authorised but no permit was available until office hours*

*in one of the PCNs events? what about the other? Both 3am?

Also write something in your skeleton argument, about any contract regarding a permit at 3am when the estate office is closed is void for impossibility.

See the NEWBIES thread post #2 for the difference between WS and Skeleton arguments.

nikko9999

Ha, no I actually live there and have for a year now, we I've just never signed a contract as its with a good friend. Theres a 24hour concierge so technically it is possible to get a permit out of hours but it takes forever to find them in the complex so I couldn't be bothered at 3am after a 12hr shift at work.

Could easily get a witness statement saying I was staying/visiting/living there from my flatmate, he is however away for a week so can't get my hands on the actual lease until after the defence needs submitting!

Are there any better worded sample defence statements on here relevant to communal residential parking? The one I've used doesn't seem to have gone down well and I can't find any other examples that dont refer to people parking in their own spaces.

If I can't get a copy of the lease agreement I suppose its inadvisable to include a defence points passed on assumptions about whats in there isn't it? If I have to remove this argument completely then is my defence without that useable?

The stage I'm at is they have allocated me a court and judge but no date, the claimant has submitted amended POC and I have 14 days to respond, (but need to have this written in the next couple of days)

Thanks again for all the help

System

Theres a 24hour concierge so technically it is possible to get a permit out of hours but it takes forever to find them in the complex so I couldn't be bothered at 3am after a 12hr shift at work.

You have a habit of doing almost everything to lose this case by posting comments like this on a public forum - after identifying yourself earlier.

Suggest you pay up and move on - something which is rarely recommended.