UKPCM (UK) Court date

fat.badger

Hi thanks again for your pointers.

I will post a better revised witness statement on this thread.

Unfortunately Im going abroad tomorrow so will need to file everything the day after I get back.

I have an email address for gladstones - is it best to actually go to court to file witness statement and any evidence?

I'm going to obviously include WS, my own photos, leaseholder agreement and I should submit copies of the transcripts i've used in my defence??

fat.badger

Hi all,

I have a PCM/Gladstones hearing in about 10 days.

Is it worth doing a skelton argument to support defence?

Umkomaas

fat.badger wrote: »

Hi all,

I have a PCM/Gladstones hearing in about 10 days.

Is it worth doing a skelton argument to support defence?

Depends if you need it. It's not part of a required submission, merely a checklist for you to work from - if the Judge allows.

If you want it to be a formal part of your case, you need to serve it on the court and the claimant's solicitors a few days before the hearing. That way at least the Judge can see what you would like to cover.

I don't think any more than one side of A4 would be advised, to fit in with what will be a very short hearing, in normal circumstances. Don't chance trying to monopolise the event.

fat.badger

Just seen something on another thread about defending as a leaseholder and not showing adequate proof to the judge.

I was a resident at the time of this parking event but I rented off a landlord ‘leaseholder’.

I have submitted the leasehold agreement and my rental contract with landlord as an attachment.

Is this enough for the Judge to confirm that I was a resident and under law I still had protection of the lease as a legitimate tennant?

Umkomaas

Is this enough for the Judge to confirm that I was a resident and under law I still had protection of the lease as a legitimate tennant?

This is a legal question, asking a parking forum isn't the best place to do so. Go and try on Legal Beagles, then perhaps update your thread on their advice.

It's never a good bet to ask anyone to forecast what a Judge might decide, if there are any legal precedents out there, they won't be held on a parking forum.

Please be realistic about what you are asking here.

fat.badger

Unfortunately I am unable to find an answer elsewhere.

I’d have thought it was an important point as many posters rely on ‘primacy of contract’ arguments in this forum.

Many of the posters will be tenants and not lessees.

I think generally speaking a tenant has the same rights and obligations as the landlord.

If anyone is able to clarify then that would be great

Umkomaas

What did Legal Beagles tell you?

fat.badger

I didn't get any response. have the hearing in a couple of days and finding it difficult to get answer from several sources.

fat.badger

I spoke too soon.....

It appears that as long as you have a tenancy agreement, the rights and obligations of the lease agreement are the same as if you were the lease holder.

Umkomaas

fat.badger wrote: »

I spoke too soon.....

It appears that as long as you have a tenancy agreement, the rights and obligations of the lease agreement are the same as if you were the lease holder.

Where did you get that from? Genuinely interested, not in anyway questioning the advice - I don’t know enough about residential legals to raise any technical input or query.