County court claims form defence template

Nosy

Oh, i didn't know that, i have taken images  of some documents some which are 50pages long so i thought i could just add links instead of images of the full document. . Thanks @nosferatu1001

Umkomaas

i have taken images  of some documents some which are 50pages long

Which documents do you mean?

Nosy

My WS was based on @robertcox999 and he had this paragraph in there. Can anyone advise if this should be in mine at all? 

Redacted Landowner Contract  

15.     The Claimant has appended a 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.

 

16.     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...''

The below image is fron the claimant WS. 

Nosy

Umkomaas said:

i have taken images  of some documents some which are 50pages long

Which documents do you mean?

I have included the two links below and images to show the court that it is not only me who agrees to keying errors being smaller costs if any. 

 Exhibit 4 – BPA current COP regarding number plate error charges https://www.britishparking.co.uk/write/Documents/AOS/BPA_AOS_CODE_OF_PRACTICE_CURRENT.pdf

 Exhibit 5

Taken from https://www.gov.uk/government/consultations/parking-code-enforcement-framework

nosferatu1001

Oh that stupid WS again? 
Not the actual lease, just a WS!
NOT good enough. 
Ask the court why, if they truly have the rights they are claiming they have, they are not willing to prove it? A WS supposedly written by a party not even here to attest to it is hardly the same as the actually executed document
I would ask the court to draw the obvious conclusion that the reason the alleged lease isnt being shown is because it contains a fatal flaw - for example, it is not in the name of the claimant but another entity, it was not executed correctly, or on a date after the material date, etc. 

JB111

Umkomaas said:

Nosy said:

Do you know where i can find Excel v Wilkinson?

I think we'd all like to see it, but ....

There is a 'test case' some of us know about from a Specialist Civil Circuit Judge about the adding of £60 and she struck the claim out and her local Judges are following her lead and striking claims out again.  You can use that one if I can work out how to attach it, as I don't think the forum allows PDFs at the mo.

I'm sure @Coupon_mad will post it up as soon as she can. I'm sure @JB111 won't be letting us see his copy!

I believe you are referring to District Judge Jackson's written Judgment in a small claims matter in July last year? If so, yes you can have a copy if you provide me with an email address. To put into context, the Judges have got together at Bradford and decided to nominate one Judge to hear the debt charges scenario. DJ Jackson was the nominated Judge who struck out teh claims as an abuse of process. Having recently liaised with the Designated Civil Judge for North and West Yorkshire (HHJ Mark Gosnell) there is an Appeal in March (permission to appeal has been granted) in which will decide whether the District Judge's in Bradford will continue to strike out the claims at an allocation stage. If we are successful then the Judge's will stop...likewise if we are unsuccessful then the Judges will continue to strike out at an allocation stage.

Umkomaas

I believe you are referring to District Judge Jackson's written Judgment in a small claims matter in July last year? 

Nope.  It was this one referred to by @Coupon-mad

@Coupon-mad said:

Specialist Civil Circuit Judge, HHJ Claire Jackson

beamerguy

I like your optimism Jake, I am sure you are right when you say .. ".likewise if we are unsuccessful then the Judges will continue to strike out at an allocation stage".

The courts have better things to do than these limp parking cases. You know all about that don't you

JB111

Umkomaas said:

I believe you are referring to District Judge Jackson's written Judgment in a small claims matter in July last year? 

Nope.  It was this one referred to by @Coupon-mad

@Coupon-mad said:

Specialist Civil Circuit Judge, HHJ Claire Jackson

I believe she is referring to the small claim case though. I think the confusion may be that the DJ is now a HHJ? Either way, the case of Excel v Wilkinson was a small claims case heard by Jackson (whom was a District Judge at the time). This case never reached an Appeal stage. I am happy to discuss further however.

Castle

nosferatu1001 said:

As above 
they're claiming to have a lease over the land - so why haven't they disclosed that lease? 

Looking at GSM for August 2018 it appears that the car park is being operated by Euro Car Parks which would suggest that the lease had been terminated before the WS was written.
https://www.google.co.uk/maps/@52.4879195,-1.8983681,3a,75y,47.1h,100.63t/data=!3m7!1e1!3m5!1ssercC7dt9ZG0m638V1Bx1g!2e0!5s20180801T000000!7i13312!8i6656