County Court Letter – Defence against Gladstones (UKCPM)

D_P_Dance

The T&C  in tiny print on that sign may well decide a judge that no contract exists, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-readingi

zeljko

nosferatu1001 said:

Well you have a section about no landowner authority, yes?
So they supplied a contract between them and this company EMRCo ltd, yes?
So theyre saying that is the landowner
Except they dont own any land
So theyre not the landowner
So there stilll isnt landowner authority...

Good Point, I have add additional point under Landowner Contract. Is this make sense?

Redacted Landowner Contract

1.       The Claimant has appended in his Witness Statement Landowner Contract in which is clear that this agreement is between UK Car Park Management and Elizabeth Mews Residents Co Ltd, (Company number 02379042). But Elizabeth Mews Residents Co Ltd don't own any land were parking is located; so they are not the landowner; therefore it's reasonable to believe that there is no landowner authority.

2.       The Claimant redacted ‘landowner contract’ which has little or no probative value and which offends against the rules of evidence. There is nothing to say what the landowner's approach (whoever they may be) is to penalising genuine patrons who pay, and even the signatories could be anyone (even a stranger to the land?). It is clear that two Directors have not signed this contract for either party, contrary to the Companies Act. The network of contracts are key in these cases, since the parking charges are argued to be contractual and the authority to sue visitors must flow from the landowner, not an agent.
3.       In the recent Court of Appeal case of Hancock v Promontoria (Chestnut) Limited [2020] EWCA Civ 907 the Court of Appeal are now clear that most redactions are improper where the Court are being asked to interpret the contract.
https://www.bailii.org/ew/cases/EWCA/Civ/2020/907.html Ref. paras 74 & 75 ''...The document must in all normal circumstances be placed before the court as a whole. Seldom, if ever, can it be appropriate for one party unilaterally to redact provisions in a contractual document which the court is being asked to construe, merely on grounds of confidentiality...confidentiality alone cannot be good reason for redacting an otherwise relevant provision...''

Le_Kirk

But Elizabeth Mews Residents Co Ltd don't own any land were where parking the car park is located; so they are not the landowner; therefore it's reasonable to believe that there is no landowner authority.

Just a couple of changes.

zeljko

Le_Kirk said:

But Elizabeth Mews Residents Co Ltd don't own any land were where parking the car park is located; so they are not the landowner; therefore it's reasonable to believe that there is no landowner authority.

Just a couple of changes.

Thank you a lot.

zeljko

Le_Kirk said:

It is confusing but on balance it appears to be video hearing.  I would perhaps want to clarify it with the court - you have time.

Just called Reading court and they told me that my hearing is provisionally and it will be done by video hearing. My WS should be sent by email.  

Le_Kirk

zeljko said:

Le_Kirk said:

It is confusing but on balance it appears to be video hearing.  I would perhaps want to clarify it with the court - you have time.

Just called Reading court and they told me that my hearing is provisionally and it will be done by video hearing. My WS should be sent by email.  

Did they tell you when they will inform you when it is confirmed and what time it will take place?

zeljko

Le_Kirk said:

zeljko said:

Le_Kirk said:

It is confusing but on balance it appears to be video hearing.  I would perhaps want to clarify it with the court - you have time.

Just called Reading court and they told me that my hearing is provisionally and it will be done by video hearing. My WS should be sent by email.  

Did they tell you when they will inform you when it is confirmed and what time it will take place?

Yes, they told me, 48h before. They said they need to check if video conf can procced because there is limited number of video call per day.

zeljko

Please could you advice any other point which will help me to win this claim

Le_Kirk

You have sent your defence, witness statement and evidence so there is now no longer any opportunity to add further points.  Read your defence, witness statement and evidence and know it well. Make a list of bullet points for yourself that you want to cover at the hearing and have answers for any questions that the judge and the claimants might ask.  They can only ask about what has been submitted and not introduce fresh points - this would be an ambush.

zeljko

Le_Kirk said:

You have sent your defence, witness statement and evidence so there is now no longer any opportunity to add further points.  Read your defence, witness statement and evidence and know it well. Make a list of bullet points for yourself that you want to cover at the hearing and have answers for any questions that the judge and the claimants might ask.  They can only ask about what has been submitted and not introduce fresh points - this would be an ambush.

Thanks, I am going to sent it this afternoon, still have option to change if there is any good points.