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Gladstones court case for parking in own residential bay

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135

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  • bargepole
    bargepole Posts: 3,231 Forumite
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    Jillabean wrote: »
    So should I add in about the signage or just leave it out
    Should I add anything more to the above defence

    You need to understand that the signage has no relevance whatsoever.

    They could have erected 10-foot high signs, with the terms and conditions painted in dayglo orange, and lit by neon striplights at night.

    None of that gets over the central issue that your lease is the primary contract allowing you to park, without the need to have, or to display a permit, or to pay penalties to a third party for non display.

    The lease can only be varied by a properly executed Deed of Variation, in writing and signed by both parties. Signage does not constitute such a variation.

    End of story.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Jillabean
    Jillabean Posts: 20 Forumite
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    Should I put in about the signs or not then
    Is there anything I should add to the above defence
  • Jillabean
    Jillabean Posts: 20 Forumite
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    Ok I will focus more on the lease thank you
    Just finding it difficult to put everything into words
  • Jillabean
    Jillabean Posts: 20 Forumite
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    I never thought they would have a case
    The pictures clearly show that the part in the window where the permit was has been cropped out
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Jillabean

    Please also listen to Bargepole, he tends to see these
    vermin in court and then spits them out on the floor
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    in most of these cases the permit is irrelevant as the lease is what gives you permission to park.

    The lease is a legal document, the permit is a gesture of goodwill.
    You never know how far you can go until you go too far.
  • Jillabean
    Jillabean Posts: 20 Forumite
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    Thank you everyone for all your advice so far. I need to submit this tomorrow, any other advice of what to write will be really greatly appreciated.
  • bargepole
    bargepole Posts: 3,231 Forumite
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    Jillabean wrote: »
    Should I put in about the signs or not then
    Is there anything I should add to the above defence

    Which part of "the signage has no relevance whatsoever" did you not understand?

    If you start talking about signage, you open the door for the other side's advocate, and the Judge, to start making arguments about whether or not the signs were clearly displayed.

    None of that matters.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Jillabean
    Jillabean Posts: 20 Forumite
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    bargepole wrote: »
    Which part of "the signage has no relevance whatsoever" did you not understand?

    If you start talking about signage, you open the door for the other side's advocate, and the Judge, to start making arguments about whether or not the signs were clearly displayed.

    None of that matters.


    sorry I didn't see the reply until after, still getting used to this site.
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