Countrywide Parking Management ltd Appeal Denied

baart77

Of course I won't miss the deadline  

baart77

One more question - do I have to attach the full transcript of every case I refer to in the statement or just the key paragraphs ?

Coupon-mad

If this is WS stage, then full transcript of things like Excel v Wilkinson but part pages would do for ParkingEye v Beavis and ParkingEye v Somerfield.

baart77

Hi, got the witness statement today, there are several pages of arguments, not sure how to approach it now considering limited time I have. There are accusations of unreasonable behaviour and copying and pasting arguments from this forum. The sent the contract with the landlord and quoted some cases that allegedly work in their favour. Also say I have not provided the proof of my dad being the tenant. What do you suggest I do?

Le_Kirk

Ignore their accusations of unreasonable behaviour - everybody is allowed (maybe required) to carry out research; if it happens to be this forum - excellent!  a judge has commented in a hearing, when the claimant made a similar statement about C&P "so what!"
Go through their WS and pick out the things that help you and be ready to use that in the hearing; find everything they have written that is wrong and, if you have time you could submit a supplementary WS refuting what they say but do not let it deteriorate into a tennis match!
If you have provided proof of tenancy, why do you think they say you haven't?

Coupon-mad

Just read other threads about the same roboclaim template WS we see all the time, accusing people of copying and pasting and not understanding their defence.  Same old same old!

baart77

I have not sent them the actual tenancy agreement to prove it, but always said dad was a tenant. It has never been questioned before. I can see a few things I can challenge. Will post more later when I digest it fully

Coupon-mad

You might need a supplementary WS to send the tenancy agreement - if that would assist the Defence case.

baart77

I have not sent the WS yet.  As advised I have been waiting for their WS. I have everything ready, attached the tenancy agreement, only have to ammend a few bits to address some of their points. What I find difficult now is whether to challenge the cases they quote. Time is limited for me to be able to do it well. . Just not sure what can be ignored and what not.

 The WS is based on the one from the newbies thread and @wobs2. The basic argument, as in defence, is - insufficient signage, no grace period, no authority, insufficent photo evidence. 

They say that as this is permited site grace period doesn't apply. That is not what  I see in IPC code of conduct but maybe I am wrong?

I quoted Beavis, Jopson v Homeguard, Saeed v Plustrade, Pace recovery v Mr N, Brittania v Crosby, Link Parking v Mr P 

Jenni_D

Permitted parking and they're alleging the defendant wasn't permitted? So how can the defendant have contracted to do that which was not permitted?