Gladstones LBC for 10-min private residential stay

Loadsofchildren123

para 8 and in general -
Did the signs that were there on the day say anything about visitor parking?
If they did say visitors had to display a permit, I take it they didn't say how to get a permit. And the tenant didn't have one and wasn't told either. So I'd say that even if the signage was capable of forming a contract, the contract was void for impossibility of performance because you were not told how to get the permit.

petallica

Loadsofchildren123 wrote: »

para 8 and in general -
Did the signs that were there on the day say anything about visitor parking?

There was nothing specifically mentioning visitor parking on the signs - they just said parking is permitted for vehicles displaying a valid permit, with no advice for visitors in particular.

I've submitted my defence today as above, so thanks again to all of you for your generous help and advice! I look forward to the next stages... hopefully there won't be many of them!

Coupon-mad

There will be, but you will be ready, if you read bargepole's post about what to do and when and how, which is linked in the NEWBIES thread post #2 where it says:

'important - know what happens when - defence isn't your only job'!

Loadsofchildren123

petallica wrote: »

There was nothing specifically mentioning visitor parking on the signs - they just said parking is permitted for vehicles displaying a valid permit, with no advice for visitors in particular.

I've submitted my defence today as above, so thanks again to all of you for your generous help and advice! I look forward to the next stages... hopefully there won't be many of them!

Make sure you deal with that in your statement.


On a legal assessment, given that there were clearly marked visitor spaces, and no reference to visitors on the signs, together with the fact that occupier you were visiting was never told of the requirement for visitor permits, nor how to obtain one, then I can't see how those signs offered a contract to visitors. The location of the signs will also be relevant, if there were none next to the visitor bays. Make sure you highlight all these issues at WS stage.


Obviously the conversation with the operative is crucial too. Once you get past the WS stage, you should write to the Claimant to ask why the operative did not make a statement, given para x of your defence and make it clear that you want to cross examine the operative and they must produce him in court for you to do so. Then on the day you make a great song and dance about this and the court will accept your evidence and not theirs as you have not been able to cross examine on the issue. Just something to store up for the future.

petallica

Hi all,

I've just received a Notice of Trial Date for towards the end of November at my local court, as I requested, but it has no information relating to when the witness statement/evidence/skeleton argument must be filed with the court - it basically just states that the claimant must pay the court trial fee of £25 within a week - does anyone know if should I be concerned that I might have missed some previous correspondence from the court? I presume it should be the standard no later than 14 days before the hearing date to file WS/evidence etc?

Thanks again for all your help!

KeithP

Please don't think I'm being funny, but is it on the back?

Can you post up a redacted image of both sides?

petallica

Unfortunately not - the only information I received in the envelope was as follows:

[IMG]hxxp://i68.tinypic.com/20po4t5.jpg[/IMG]

[IMG]hxxp://i66.tinypic.com/10xef4g.jpg[/IMG]

Umkomaas

petallica wrote: »

Unfortunately not - the only information I received in the envelope was as follows:

I think you've got enough posts under your belt and have been a MSE member for long enough to post your own live links.

No more hxxp for you, go straight to http (collect £200 as you pass GO! ).

beamerguy

petallica wrote: »

Unfortunately not - the only information I received in the envelope was as follows:

/IMG]

Just the Gladstones children, Pinky and Perky being stupid
as usual.

Will they, won't they ..... the 24th will say

petallica

I suppose I should start to prepare the WS/evidence file stage anyway, as I won't have a lot of time before I'd need to submit these to the court?