Getting Ready for the Hearing

NorfolkBOI

Just reading HHJ Maloneys judgement in the beavis case.

he makes distinction between principles and agents.

In my case it makes you feel sick

New Contract

Page one
https://ibb.co/MhZmMQ2

Page two
https://ibb.co/yBFXBJ1

Old Contract
https://ibb.co/5r8Gfc9

Page two
https://ibb.co/4j8QDfL


Both contracts are the same there is no mention of NPE being a leaseholder.

I raised this and the judge dismissed it

If you provide those two letters together it clearly shows one replaced the other. Same contract no update etc or substantial different text or meaning.

Coupon-mad

OK await the judgment or order from your Judge, then send it to the transcript people and make sure you get the FULL hearing. How much hav they said that will cost you, how long did the hearing last?

And send me a pm when you get it and we can talk about the appeal wording urgently.

NorfolkBOI

We now have a contract.

Following my claim now people are being sent the following.

https://docdro.id/neqHcQa

They also now black out the signatures on the 2015 and 2017 contracts and the "lease" which has no date and is tada under 7 years to avoid land registry registration.

It looks like allegedly NPE try and keep the landowner out of the public eye....

The contract reads like they hand everything over

Still waiting for anything from the court etc

Coupon-mad

It says 'rent commencement date means the date of this lease' but I can't see any dates? What date is on it somewhere?

Also, you said in your case:

They won a case with a 2015 dated contract.

Remind us of that date, too?

NPE didn't exist in their current name until December 2015 so was the 2015 contract shown in your case, a false instrument and the Judge failed to notice or listen?:

Previous company names

NORFOLK PARKING ENFORCEMENT LIMITED 25 May 2012 - 30 Nov 2015
NTC (NORWICH) LIMITED16 Apr 2012 - 25 May 2012

https://beta.companieshouse.gov.uk/company/08031075

Castle

NorfolkBOI wrote: »

We now have a contract.

Following my claim now people are being sent the following.

https://docdro.id/neqHcQa

They also now black out the signatures on the 2015 and 2017 contracts and the "lease" which has no date and is tada under 7 years to avoid land registry registration.

It looks like allegedly NPE try and keep the landowner out of the public eye....

The contract reads like they hand everything over

Still waiting for anything from the court etc

According to Schedule 3 "additional rent" of that document, (page 13), there's a 1 hour free parking period.

NorfolkBOI

Coupon-mad wrote: »

It says 'rent commencement date means the date of this lease' but I can't see any dates? What date is on it somewhere?

Also, you said in your case:
Remind us of that date, too?

NPE didn't exist in their current name until December 2015 so was the 2015 contract shown in your case, a false instrument and the Judge failed to notice or listen?:

https://beta.companieshouse.gov.uk/company/08031075

December 2015 for that one

NorfolkBOI

Castle wrote: »

According to Schedule 3 "additional rent" of that document, (page 13), there's a 1 hour free parking period.

3.3 states "improper" use

It's a very bad contract lots of spelling mistakes.

I do no think there is even a a space for a date on there let alone a blanked out date.

The actual landowner is a dinky company and the land is only 100£k so bizarre all this acting by a director stuff and no dates.

The contract even mentions dates in it and refers to them...but they are not there.

Street v Mountford [1985] where a lease requires

exclusive possession
for fixed or periodic term certain
in consideration of a lump sum or periodical payments

If not then it is not a valid lease.

Each case the good arguments are noted and then the documentation "improved" its seems.

Stinks to high heaven but our local DJs seem sanguine at present.

Coupon-mad

Are you still up for appealing this one?

Your documents were very strong, even if the Circuit Judge merely agrees to reconsider the quantum due to a failure to properly consider the test of fairness and the court's duty under the CRA.

NorfolkBOI

Sure

Have yet to get anything from the court though either judgement or a reply to my transcription. Request.

bargepole

Coupon-mad wrote: »

But she cannot stop you applying for leave to appeal, using a N244 form and paying the fee. .

The form for applying for leave to appeal is N164, not N244. It mist be filed with the Court within 21 days of the first hearing.

The filing fee for that form is £120, and it simply needs to state the ground(s) of the appeal, and why the original Judge erred in law.

A Circuit Judge will then decide on the papers whether leave to appeal is granted, and if he refuses, you can make an oral application within 7 days.

If leave is granted, you will then need a Skeleton Argument, and a transcript of the Approved Judgment from the first hearing. A date will be set for the appeal hearing, and the Circuit Judge may decide to re-hear the whole case from scratch, or just concentrate on the stated ground(s).

They are generally reluctant to rule that one of their colleagues made a mistake; only about 11% of appeals are successful.