UKPC - SCS Claim form recieved

Coupon-mad

An in any event, payment for the pass was made with the Managing Agent, who referred to no 'relevant obligation' nor 'relevant contract' that could give rise to a claim in law by a third party.

Gunner84

I sent only the page i relief upon. I explained in full the gotcha clauses. I explained why the parking easements cannot be taken away. I showed them only the page relied upon, and the signatures. I suggested they request a copy of the lease for themselves if they would like to see the full documents. I told them that if they need me to provide anything further, they will be liable for costs (all of this properly worded.)

Here is the complete body of their response.


"I confirm receipt of your email, thank you for providing a copy of the tenancy agreement.



With regard to the extract of the lease provided, we would need to see the full lease agreement to enable us to determine for ourselves the rights contained within.



We would be grateful if you could please provide us with a complete copy of the lease"

To me this seems like it all just fell on deaf ears. Where to go from here?

KeithP

"We would be grateful if you could please provide us with a complete copy of the lease"

Of course they would.

Tell them to write to the Land Registry and get their own copy if that's what they want.

But you already know that because that is effectively what C-M told you in post #73.

And in post#74 IamEmanresu said:

Suggest that if they agree to pay your £x costs so far then they can have a copy of the lease - or they can pay to do their own due diligence by getting a copy from the Land Registry.

Gunner84

So I am about to file my evidence bundle. After a long time we are one month away.

In my bundle I was going to include.

Tenancy contract
Lease stating rights to park
Photos showing signage being totally illegible
My own council tax bills for the property
The guest pass ceded to my wife who's vehicle it was (although I'm not sure about this since its not mentioned in the contract and was only displayed as a courtesy.
My own (tenant) name as a secondary driver on the vehicle parked in the guest space
Written permission from the leaseholder (my landlord) that i have the rights to park to reaffirm my tenancy
Additionally, she was my girlfriend when this started, now she is my wife.

For the lease document, is it sufficient to send photocopies to the defendant, or do I need another oc2 obtained form?

I really want to win this. Unfortunately since my wife and I got married, I have since been diagnosed with cancer. This is not how I want to be spending my time, but I'd deeply appreciate any assistance in getting it correct. Retaining all this over such a long period whilst I should be focusing on healing after operations is really a challenge.

Gunner84

I have just about 24 days until the case goes ahead.

Having to brush up on everything very quickly prior to the case. Unfortunately due to being in hospital having cancer procedures I now feel considerably less prepared and am trying to find my feet again, as naturally this became rather secondary.

So i am going to assist my wife tonight with her witness statement, and print and file all evidence in three identical binders, one for each party. I am going to attempt to be her lay representative, since my attention to detail should help and i know the circumstances very well.

For the case itself, should i have a series of notes that i use to refer to. All of the POFA and Consumer protection references are very overwhelming. Will my supporting document be the witness statement itself, or should i have a sort of semi script to keep my arguments on track?

My evidence bundle so far -

POFA Schedule 4 documents
My own tenancy agreement and lease for the property citing guest first come first serve parking (for area in which my wifes vehicle was parked)
Council tax document proving continuity of my ongoing rolling tenancy (and therefore rights to derogate parking permission)
henry greenslades understanding keeper liability
Consumer protection for unfair trade regs 2008 document (citing misleading omissions)
Beavis signage +case documents
UKPC signage for comparison showing prohibitive language prominence
case transcripts (jopson v homeguard), (UKPC vs Masterson)
High res labelled photos with time stamps, showing signage on the site and areas marked visitor parking
File of e-mail correspondance with SCS law demonstrating attempts to narrow the dispute
File showing UKPC DVLA ban and photo doctoring reports (bbc article and so on)
2 x Laminate, dateless permits, that were displayed only as a courtesy to show neighbours the vehicle was permitted. No visible expiry days or indication of impending invalidity (scanned), demonstrating an attempted permit system with no predictable policy.


Can anyone think of anything I haven't included. Having to write this from a hospital waiting room and this is unbelievably brain scrambling.

Coupon-mad

should i have a sort of semi script to keep my arguments on track?

I would. You might get brain fog, so you need simple steps, also the Judge might ask you first, for you to state a verbal summary, identifying your main points of dispute.

Your summary of evidence looks great, very thorough. Don't print out pages & pages of the Beavis case though, that's one a Judge will know.

So sorry to hear you are fighting cancer - hope you emerge stronger in the end!

Gunner84

Thank you so much. yeah the cancer really sucks, its stage 2b though so my chances are good. its just operation after operation cutting near the neck. Really this legal stuff is horrific timing, and id go on the counter offensive if i had any energy left.

A question i had that perhaps may be silly, when presenting case law files, sections of various consumer protection acts, how would i best highlight the relevant sections? For example, POFA is a huge document, but i am reluctant to be writing and marking free hand all over these, but feel i should also have enough of the document to make it identifiable.

How do you navigate something like that? Only put it the relevant pages? Put the whole document in with the page in question clipped to the front and annotated with pen?

KeithP

For a start, only Schedule 4 of POFA is relevant.

That reduces the page count from two hundred and twenty-eight to eleven.

Gunner84

Thats where i am at at the moment, I have around 11 pages of the PoFA within the bundle. Do they really sift through that? Or should i be annotating to draw immediate attention? Likewise with case law, they are each about 6 pages plus. Whats the best way to make it easy for the judge?

Le_Kirk

Gunner84 wrote: »

Whats the best way to make it easy for the judge?

You put everything in a ring binder with colour coded tabs marked with a reference and this reference is contained in your Witness Statement. The idea is that as you progress through your WS you can refer the judge to evidence Ref. 01 coloured Red for example.