Hearing end of the Month

nosferatu1001

Have you read what that actually refers to? Thats Sched four para EIGHT, which is valid for a NOTICE TO DRIVER. If even tells you that.
That is the earliest time they can send the Notice to Keeper out, followung a NtD. NOTHING to do with a ntoice to hirer, which is para 13 or 14.

You need to read, not just pull out random sentences.

System

Defendant has a witness statement from land lord confirming no authority given to the claimant to ticket and the defendant has his permission to park

So your case is that the contract they have included in their bundle is false. So who do they claim has signed it and how does that relate to the details you have put in your defence

The key issue is whose land is it. What rights does the landlord have and do they extend to the parking places?

jackmarak

I read Para 13/14 and it sent me back to 8/9.
Wasn't a random selection.

jackmarak

The building was vacant at the time of the incident. The company that signed the contract liquidated 6 months before the incident. They were a tenant. Not a landowner which is an IPC requirement permission wise.

nosferatu1001

Well 8 is clearly randmo, because it cannot apply unless there was a NtD.
13/14 rely on 8/9 , but not for the requirement to include hire agreements. Thats what gives the 21 day deadline.

jackmarak

Cheers for clearing that up.
I'm not very good with the wording. Feel like each part redirects you somewhere else then I end up lost.
Which is why help is needed with the Skeleton.

System

The company that signed the contract liquidated 6 months before the incident.

That is your key issue. If the authorising party - the name that is on the ES Parking contract - was not in existence at the date of the parking event, then the ES Parking contract will have lapsed unless ES can show it was transferred. You will have to be able to evidence in court that the authorising company was no longer in existence so you will need a print out from Companies House.

It would also pay you to have a list of your costs sent to the court and the other side. When you send them the list, you should also give them a copy of any evidence you intend to present - such as the evidence that their authorisation has lapsed. You could even suggest they drop the case or pay your costs.

Do you have evidence of the liquidation?

DW190

Could possibly post an unredacted copy of the contract for others to pick at and check with Companies House.

jackmarak

The documents of the liquidation are free online.
However, Witness statements from both sides have been served already.
Is it possible to serve the liquidation papers as part of the skeleton argument?

It should also be noted that the defendant has been advised not to use that argument for the following reason:

The contract was never legal to begin with therefore;
The defendant would be trying to prove something that doesn't need proving.

EDIT: Schedule of costs have already been sent as part of WS.
I can't post links but check first page for a link, documents in there.

nosferatu1001

You could serve them now. Why delay
Just add this only came to light, and the Claimant is not disaadvantaged, because this was public knowledge AND in fact, they should already have known.
That they left out that the authority could not be valid as the company was in liquidation means they have not come to this with clean hands.

Who advised that?
Just add it as an additional - even IF the contract construction was valid, at the material date it was no longer valid.