PCN issued on a private, unadopted road

jackRlnd

looking through the bundle again, I see that there is a sheet with photos (blurred and overexposed to the point you can't read the signs) provided by the landowner of signage location which looks like it could be part of the agreement between ukcpm and the landowner that stated a commencement date of X.


assuming the judge accepts this as evidence the signs were indeed up by date X, does the informal agreement that I received at a later date still hold given that it:

1) offered better terms than the ones on the signage
2) stated a different and later commencement date (over a month after receiving the letter). Not sure if this is relevant or not

Coupon-mad

Sounds very relevant and exactly one of the questions for you to ask the Judge to determine, given you were relying upon that promise.  A promise creates legal agreement.

jackRlnd

if I could just confirm via timeline:

1. signage put up by landowner in preparation of commencent date X
2. agreement between landowner and claimant to manage/enforce parking starting date X
3. on date X+1mo defendant receives letter from landowner with an informal agreement allowing visitors/contractors to park in controlled area. Agreement merely 'suggests' the permit should be palce on dashboards
4. letter also states control takes effect on date X+2mo

So I should ask the judge whether the informal agreement constitutes a contract that supersedes the signage contract?

does it matter if in the defense statement i argued the opposite, i.e. that the informal agreement supersedes any contract since it was made prior to the signage being put up?

Coupon-mad

I don’t think you did argue the opposite. You are consistently saying the agreement with the landlord was an alternative contract that takes precedence and granted you a right that cannot be interfered with by a third party.

Suggesting that a permit should be shown - for courtesy and nothing else, no charges, caveats nor legal or contractual obligations - doesn’t override the unfettered grant of parking and the promise that enforcement was not commencing until x date.

You were entitled to rely on that promise; after all, it came from the Claimant agent’s principal, the party with title in the land!

Fruitcake

Please show us the claimant's WS. Upload it to Dropbox or similar and post the link here. 
Only redact YOUR personal data. 

Make sure you include the exhibits, especially the alleged contract with the landowner, the name of the (para)legal, their statement of truth and their signature.

jackRlnd

is this not something that could be used against me if I upload their WS?

KeithP

jackRlnd said:

is this not something that could be used against me if I upload their WS?

No.     
  
Do you think one of our most regular posters here would suggest something that would harm you?     

Coupon-mad

Everyone shows the WS and landowner authority and its fine.  You are allowed to get advice online.

jackRlnd

https://www.dropbox.com/s/em8ttpri4tp91fr/Claimant WS v3.pdf?dl=0

Coupon-mad

That’s password protected and what is this, their WS or yours, or what? 

If yours, better to copy it into a reply or two here directly as more people will look.