HX / Gladstones Hearing today!

abz1000

I do apologise this is all confusing me very much now? Some people have said that my WS is ok some are saying I need to add other things. Which should I do? the deadline is today and this is all so stressful already. I've had to take a ridiculous amount of time off work for this I cannot wait to get this huge weight lifted off my shoulders.

Coupon-mad

This isn't difficult.  I thought you'd used the one by @robertcox999 as your base, as is suggested in the NEWBIES thread.
If not, then just make sure you add everything from that one, to your one.  Easy!

abz1000

Coupon-mad said:

This isn't difficult.  I thought you'd used the one by @robertcox999 as your base, as is suggested in the NEWBIES thread.
If not, then just make sure you add everything from that one, to your one.  Easy!

I see, Yes I used the template you and robertcox999 had. So its fine for me to use the points 15. and 16. that i pasted above?

Coupon-mad

Looks fine.  Also the landowner contract only talks about 3 months, doesn't it?

abz1000

Coupon-mad said:

Looks fine.  Also the landowner contract only talks about 3 months, doesn't it?

'This agreement is to begin on the date signed in section 8 (05/04/2019) by 'The Client' and shall last for a period of no less than 3 months.'

Were_Doomed

Exactly ... even if this can be proven to be a valid contract (which is unlikely given past history, and why they redacted the details), where's the proof that the contract was still in force at the time of the alleged contravention?

abz1000

I also noticed this part from @robertcox999
I already have the other part about the beavis case and the sign is appended in another exhibit but just wondered if its worth including section 13 below or not. Section 14 does not apply to me since i did not pay for parking at all.

The Beavis case is against this claim

13. This situation can be fully distinguished from ParkingEye Ltd v Beavis [2015] UKSC67, where the Supreme Court found that whilst the £85 was not (and was not pleaded as) a sum in the nature of damages or loss, ParkingEye had a 'legitimate interest' in enforcing the charge where motorists overstay, in order to deter motorists from occupying spaces beyond the time paid for and thus ensure further income for the landowner, by allowing other motorists to occupy the space. The Court concluded that the £85.00 charge was not out of proportion to the legitimate interest (in that case, based upon the facts and clear signs) and therefore the clause was not a penalty clause.

14. However, there is no such legitimate interest where the requisite fee has been paid in full for the time stayed. As such, I take the point that the parking charge in my case is a penalty, and unenforceable. This is just the sort of 'concealed pitfall or trap' and unsupported penalty that the Supreme Court had in mind when deciding what constitutes a (rare and unique case) 'justified' parking charge as opposed to an unconscionable one. 

Coupon-mad

14 applies if you adapt it to suit, which is the intention, you simply change the phrase to suit your facts:

However, there is no such legitimate interest where the requisite fee has been paid in full for the time stayed. As such,

abz1000

Coupon-mad said:

14 applies if you adapt it to suit, which is the intention, you simply change the phrase to suit your facts:

However, there is no such legitimate interest where the requisite fee has been paid in full for the time stayed. As such,

Perfect will do that and then post the final draft of my WS in here.

abz1000

Coupon-mad said:

14 applies if you adapt it to suit, which is the intention, you simply change the phrase to suit your facts:

However, there is no such legitimate interest where the requisite fee has been paid in full for the time stayed. As such,

I dont actually know what to put in here. how does this sound?

However there is no such legitimate interest where someone could actually mistake this location for the train station car park, due to the lack of signage, lighting and weather conditions on the night of the event.