Going to court for parking in my own spot

MrDramatique

It was yes, I simply resubmitted another, not sure it was required but Gladstone's thought they would submit another.

MrDramatique

So I've received the letter and have been allocated a hearing date in April but have to submit my witness statement within less than three weeks which doesn't feel like an awful lot of time considering the hearing is in April but hey ho, they gave me a few days short of a month in total, I'm just late posting.

I'm at the last hurdle before the big day and as always would appreciate the help and direction of those who dedicate their time to help people just like me.

So far I believe my defence is a great starting point to add to. I was going to flesh it out with specificity and naturally include the appendices/evidence I rely on.

I must admit I do need assistance with referencing cases that are relevant to me.

My defense, now forming the foundations of my witness statement, is a two part defence.

The largest section focuses on primacy of contract and will also (now I have been able to revise and add to my defence) also include written instruction from the Land Owner / Land Management Company addressing District Enforcement to cease all action against me and drop all PCNs.

In regards to my back up defence, regarding signage particulars I'd like the opinion on how I should provide photo and video evidence of signage. I feel video evidence is somewhat important as you can see, from my perspective when driving into my courtyard that in darkness the signage isnt good enough and the signage that is present is either in complete darkness or badly lit 20m away and illeggible unless you're incredibly tall and walk right up to it. Unsure how to provide it though.

I need to go through the newbies post again and read everything linked thats's relevant to me and probably compile a mock witness statement and link all evidence for you guys to provide your editorial skills.

MrDramatique

Update:

Seems I have an issue. The lease I've been provided is only 2/3 complete and I hadn't even realised until now. I contacted my letting agent and they admitted to knowing this but havent provided reason why. I can only assume it's something to do with privacy but its essentially missing a section of which could interfere with the clauses I'm referring to in my case.

How much of a problem does an incomplete copy of a lease pose to me if used as evidence?

I've actually lost the signed copy of my tennancy agreement, whilst I'm not sure the actual signature is of importantance I have assumed it is and have asked my letting agent to provide a copy and they've been nothing but dismissive. They've not overtly stated that they wont provide a copy but I've three or four seperate emails this evening stating that "I've already been provided a copy as part of the signing of the tennancy agreement".

I kinda lost my rag with them a little bit and said I'll just issue a subject access request and you'll have to provide it, and that I'll include them as a third party in the court cases that will likely follow this single PCN (as there's 6 in total in identical circumstances other than date) unless they provide the full lease.

Coupon-mad

How much of a problem does an incomplete copy of a lease pose to me if used as evidence?

Look at it another way, why did the PPC not check the provisions in the Head Lease before enforcement? This was their burden and duty of care to the residents otherwise fining them creates a derogation from grant if people were allowed to park before.

MrDramatique

An astute point that will be used in my witness statement.

So you're fairly confident that it may not matter, that it's incomplete and the clauses and granted rights I need to refer to are present?

Le_Kirk

So I've received the letter and have been allocated a hearing date in April but have to submit my witness statement within less than three weeks which doesn't feel like an awful lot of time considering the hearing is in April but hey ho, they gave me a few days short of a month in total, I'm just late posting.

Are you sure the letter didn't say at least three weeks before the hearing?

So far I believe my defence is a great starting point to add to.

You cannot add to a defence, well you can but it costs you £100. A witness statement (WS) is "in support of my defence as already filed" and, as well as being a narrative of what happened on the day and subsequently, should back up what you stated in the defence with evidence and should be cross referred in your WS. For example, you claim Primacy of Contract, refer to that in the witness statement (in your own words in the First Person) and refer to the lease (although I have to admit, only having 2/3 of it won't help) except for what C-m posted above.

The_Deep

These parasites are the bane of a landlord's life. They make properties more difficult to rent and depress resale values. You are right to fight back.

MrDramatique

Le_Kirk wrote: »

Are you sure the letter didn't say at least three weeks before the hearing?

Hi,

It actually states that "Each party must deliver to the other party and to the couirt office copies of all documents on which that party intends to rely at the hearing no later than 4pm on 21st November 2019." But the hearing is 9th April 2020.

Le_Kirk wrote: »

You cannot add to a defence, well you can but it costs you £100. A witness statement (WS) is "in support of my defence as already filed" and, as well as being a narrative of what happened on the day and subsequently, should back up what you stated in the defence with evidence and should be cross referred in your WS. For example, you claim Primacy of Contract, refer to that in the witness statement (in your own words in the First Person) and refer to the lease (although I have to admit, only having 2/3 of it won't help) except for what C-m posted above.

I mean that the basics of my arguements are already in my defense and I'll be reusing these to a certain extent to form my WS? I've been taking the time to look at WS to get a better idea.

MrDramatique

Hello all,

I'm afraid I must appeal for rather urgent advice as I've been ill yet again and had to take a lot of time off. I have tonight and tomorrow night to compile my witness statement / evidence which leaves me an incredibly short window.

I should mention that I have arrived home to find the claimants witness statement. Is it worth uploading for you guys to see? It contains a lot to be honest, more than I was expecting and the vast majority of it wasn't outlined in their defense. They included their contract with the landowners too.

I'm going to have to spend time tonight going through past WS that are similar to my own circumstances but if anyone could point me in the right direction and save me time it'd be hugely appreciated.

I'll be on till late making a start so any help whatsoever is going to be a monumental help due to my lack of time.

Redx

its past WS you need to check , not defences , the time for the defence has long since passed

the WS is your own story, backed up with numbered exhibits , only you know your own story and what evidence you have gathered

you need to assemble a bundle which includes your own WS , your numbered exhibits , plus your costs schedule

one bundle goes to the court , one to the claimant and keep the third for yourself

read recenly completed court cases, by putting the title of a well known Queen song into the forum search box

hint :- AOBTD