I heard this was the eden for beating the PPC

[Deleted User]

Ok let's get this straight.

1. The PPC is retained to run a residential permit scheme
2. They fail to supply you with a permit (presumably your residents management co will be supplying PPC issued ones, not their own homemade ones)
3. They the PPC seek to come after you for breach of contract, despite their error.

I'd start by making that crystal clear - the other points are fine, but keep it pithy. Don't clog up the facts with great recitation of law. This is predominantly a factual document not an argument.

My rationale is this: Assuming the above is correct, even if the signs are capable of being a contract, it has never been possible for you to comply with it.

Since you were effectively in breach of a term from the get-go and the contract could never be performed, I give you the DOCTRINE OF IMPOSSIBILITY. It is in my view void from the outset or to coin the Latin void ab initio.

kratos2077

Okay makes a lot of sense now, I will add this right now! I will also make sure to have notes of what I will be saying and in what order incase the judge wants to ask questions as I have heard sometimes the judge can be very throat cut in asking questions and expecting responses.

My final question is in regards to the tenancy, just to make clear in my previous comments, I am a resident and not the tenant. One of the things stated in the claimants statement is that I am not a tenant.

kratos2077

Okay so witness statement tidied up and all facts noted! Its ready to go so if there are any last weigh comments please let me know! Will be sent by end of day or tomorrow morning THANK YOU ALL AGAIN!!!

Coupon-mad

My final question is in regards to the tenancy, just to make clear in my previous comments, I am a resident and not the tenant. One of the things stated in the claimants statement is that I am not a tenant

So you live there as part of the household granted the tenancy, that gives you the same parking rights.

Did you use Johnersh's words and made it more simple? He is a solicitor.

kratos2077

Yes I live there as part of the household so thank you for the confirmation.

I did make it simpler and removed some of the quoting and shortened it so it is more concise. I gathered he was some sort of legal persons as his wording was so technical and a mind fudge at the begining. Beautifully spoken.

kratos2077

playing devils advocate, in this case their defence could say that a car prior to this had a permit and the new car did not have a permit why werent they notified as there is no record of formal notification by post or e-mail only an alleged phone call.

[Deleted User]

Were you entitled to a permit as a householder? You need to know this as it will be central to how you argue your point.

If you apply for a permit don't get one (correctly) then they can understandably argue you shouldn't be there. That said, it'll still turn on the wording of the sign (we don't have that).

What happened to the old permit and why not resist a new one in writing?

kratos2077

yes i am entitled to a new permit as a householder as I have one now for my car

the old permit was in a car that was written off which was the tenants car

I didnt resisit one in writing as I didnt know about permits when it first started, they just turned up through the post and the tenant attached it to the car (tenant has no english and another household member with more responsibilty usually reads stuff for them)

I also asked for one in may as I felt pressured as I was getting fines and my mental health was getting worse. I suffer from depression and anxiety and thats been diagnosed.

[Deleted User]

You can but give evidence of what you asked for. Obviously you'd be on better ground if you'd emailed asking for one.

kratos2077

Thanks Man!!! I truly appreciate the groups efforts! Thats me out until the court date and I will post when that day is finished