Court form received help requested

sadwithoutmynelson

Should I email that to the judge ? 

Coupon-mad

I wouldn't.  I think emails might annoy the Judge, and you are better off raising it as a preliminary matter 'because I am alarmed'...

beamerguy

"If you do not pay within 7 days legal recovery will begin"

DRP TOTAL RUBBISH

None of us are aware that Circus clowns can do that, they are restricted to red noses and plastering themselves with FAKE make-up.   

And you see those boxes pointing to a CCJ ??
only a Judge can do that ..... what complete and utter idiots DRP are

Fruitcake

Were_Doomed said:

The actual sign doesn't mention the £1.50 processing fee, but is otherwise the same.

Doctrine of impossibility still applies - one cannot contract to do that which is forbidden. (e.g. if you park without showing a permit then you cannot engage a contract, as a contract is only offered to those who DO display a permit).

So that proves that the image of a sign in the scammer's WS is a stock image, and not an image of any signs actually on the site.
It is a false instrument.

Johnersh

@Fruitcake inmho The version in the witness statement is the same in all material respects, you're not going to gain any mileage over the tiny difference in wording. 

@Were_Doomed This sign is NOT impossible per se. A resident with a permit can comply with all the terms and it is open to everyone (not just permit holders). The bit that makes it impossible (so the argument goes) is that not everyone can buy or acquire a permit, so those individuals cannot comply with the conditions.

No element of the sign forbids parking. There is clearly an offer to park. 

UKCPM will argue this is simply a case of an offer to all with two options:
1. Park with permit = free
2. Park without permit = £100

The problem is that the sign (which could say that) does not. Possibly the reason it doesn't say that is because the landowner does not want them to offer parking to the general public. 

The wording on that sign, which refers to "breach," makes clear that it is a penalty for not displaying a permit.  If the o/p could never have acquired a permit, then that is what makes compliance with the terms impossible. Pace v Lengyl is clear on the point. 

Snakes_Belly

Assuming that the OP can establish that the parking spaces are freehold and owned as part of the property then surely they cannot be made to display a permit or sued through the courts. What about landowner permission when they are the landowner?  

The original plan does indicate that the spaces are freehold but who actually owns the spaces is not evident. This may be in the draft contract that is provided by the solicitor during the conveyance.  
 

sadwithoutmynelson

Is there anything further I can do to prepare for the hearing? Starting to get somewhat nervous...

Coupon-mad

I always prepare a bullet point crib sheet, and you may prefer to have paper copies of some/all documents as well as electronic.  And you can read the court hearing tips in the NEWBIES THREAD.

nosferatu1001

Have the word COSTS!!!!! printed large. Very easy to forget 

sadwithoutmynelson

Just really hope I win this 🙏