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UK CPM v TBR1 - Residential permit 'own space' argument. Gladstones issued claim.
Comments
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Just be warned that a judge may cut through all of this on the day and simply ask you if you were driving......
Where you have a good driver's defence then we usually advocate admitting being the driver and then running that defence.
You are right about your exact status (beneficial owner or not) being irrelevant, it's enough to show you have been granted the leaseholder's rights by the leaseholder. Just make sure you get your facts right.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Loadsofchildren123 wrote: »Just be warned that a judge may cut through all of this on the day and simply ask you if you were driving......
Where you have a good driver's defence then we usually advocate admitting being the driver and then running that defence.
You are right about your exact status (beneficial owner or not) being irrelevant, it's enough to show you have been granted the leaseholder's rights by the leaseholder. Just make sure you get your facts right.
Thank you, based on that I'll remove all of the POFA arguments, I do not want to look unnecessarily obstructive.
I'll start the main arguments with authority to park and primacy of contract arguments from paragraph 8 onward. Hopefully they will be strong enough points to stand on their own!0 -
I'll start the main arguments with authority to park and primacy of contract arguments from paragraph 8 onward. Hopefully they will be strong enough points to stand on their own!
I'd say they are. But as LOC123 points out you may get a few bouncers bowled at you by a judge at the other side so best be prepared. You appear capable of dealing with them though.
Could I also suggest you send a outline list of your costs at this stage too. Two reasons - one is to put the other side on notice; the other as a reminder to ask for them. Best if they are actually in the paperwork somewhere.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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