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Albert street car park birmingham

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17810121319

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  • U414830
    U414830 Posts: 186 Forumite
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    Thanks Coupon—mad, that made me feel better as I was a little concerned I'd left out valid arguments. I will (with your help hopefully) put together a skeleton argument to include points missed.
  • U414830
    U414830 Posts: 186 Forumite
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    Coupon-mad, today I've received (please see link above) a supplementary witness statement from VCS. They are trying to counter some of the points I raised, the court date is very soon so I'd greatly appreciate some help if possible. I was going to draft together a skeleton argument or should I file it as supplementary ws? They have lied about our phone call and stated that they were willing to settle out of court, they have stated that it isn't unusual to have excel logo on the signage as they are lawful occupier even though alleged contract is with vcs.
  • KeithP
    KeithP Posts: 37,893 Forumite
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    U414830 wrote: »
    ...they have stated that it isn't unusual to have excel logo on the signage as they are lawful occupier even though alleged contract is with vcs.
    That is just ridiculous.

    Any terms agreed by the driver at the time of parking would be those displayed on the signs.

    If the sign is an Excel sign, then it is Excel who the driver allegedly agreed contract terms with.

    VCS cannot subsequently decide to sue the motorist for a breach of contract with Excel.

    VCS has absolutely nothing to do with the contract between Excel and the motorist.
  • U414830
    U414830 Posts: 186 Forumite
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    My pay and display ticket is Excel so I paid Excel
  • U414830
    U414830 Posts: 186 Forumite
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    I'm at the final stage now before hearing next week so all help would be appreciated
  • [Deleted User]
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    They don't have permission for a supplemental statement and, with respect, it's light on fact and heavy on legal argument.

    I'd ask for it to be excluded as the points you raise are both simple and clearly set out in the defence.
  • U414830
    U414830 Posts: 186 Forumite
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    Help required
  • U414830
    U414830 Posts: 186 Forumite
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    Do I ask for it to be excluded during the hearing or should counter their points in a skeleton argument.?
  • Umkomaas
    Umkomaas Posts: 41,509 Forumite
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    U414830 wrote: »
    Help required
    U414830 wrote: »
    Do I ask for it to be excluded during the hearing or should counter their points in a skeleton argument.?

    You've just received it from Johnersh. He's a qualified lawyer!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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