Questions about Schedule 4 of POFA

ihatetrump

Thank you @Le_Kirk - makes me feel a hell of a lot better - this whole process is quite stressful but worth it if it puts another nail in the coffins of some of these cowboys/bandits!

1505grandad

A heads-up:-

Check exhibit nos.  -  for instance Para 40 refers to photos but includes XX-03 which is Land Registry entry.

Also you are including a doc entitled "JUDGMENT" but when referring to it you have erroneously included a middle "e".

ihatetrump

Thanks again for all the input and assistance here. Below is what I hope will be my final version of my WS (save for adding personal details).

https://www.dropbox.com/s/cw8p0o11c1h2uln/MSE WS v3 as pdf.pdf?dl=0

Note at present, there are 4 blank pages for the insertion of the copy of NTK - helps me get the pagination correct.

I plan on e-filing early afternoon - in good time, just in case it fails and I need a quick dash to the Court to file in person!!   

Any final comments from the experts please?

Jenni_D

You know the court email address for filing the WS? And the email address to Cc to the parking co./legal co. in the same email? (Also Cc yourself so you know it sends. All 3 in the same email, so there can be no excuses about it not being filed).

ihatetrump

Thanks @Jenni_D

I happened to be in MK this morning and so drove by the car park & took the following photo which is tied to the entrance gate of the car park:



As the entire car park is double yellow lines - it isn't even a car park! Check out Street View and drive it yourself:

https://www.google.com/maps/@52.0348761,-0.7698693,3a,75y,161.97h,72.72t/data=!3m6!1e1!3m4!1scuDqENo6LpFUwbUgWREiwg!2e0!7i16384!8i8192

These guys are an absolute joke.

I've added the following wording into my WS:

As all of the entire car park space is double yellow lines and per the Claimants’ signage states ‘No parking on double yellow lines’ it isn’t therefore even a car park – which is very deceptive to any innocent motorist and amounts to trickery on behalf of the claimant.

ihatetrump

WS submitted (in time) to all parties with email receipts from all.

Thanks to everyone on this wonderful forum!

Fruitcake

Every parking space is bounded by double yellow lines. It is impossible to park without breaching parking Ts and Cs, and therefore is a clause of impossibility and an unfair contract term. 

ihatetrump

Just read the email recipt from BW Legal and the footnote:

BW Legal does not accept service of any court documents at this email address. Service of any court documents can be sent to disputeresolution@bwlegal.co.uk with the name of the court document in the subject header, followed by the parties names [eg: Witness Statement: ABC v XZY].

Sent again just in time - PHEW.

A note for others and a reminder in the panic and haste to get documents filed close to a deadline - you can file by email to BW Legal and as others have said, cc yourself as proof of sending because BW Legal don't acknowledge receipt even at this address

ihatetrump

Too late for me now as I've submitted my WS but just picked this term up in the PPC lease with MK Council:





And then on Companies House, a Fixed and Floating Charge issued by Napier (the PPC) in favour of Handlesbank and this term:



Seems like a breach of the lease to me even if it was a legally constituted lease - which my WS disputes.

Any thoughts for the legal experts? And can I use it at my hearing?

Jenni_D

When's your hearing? If it's still a few days away (e.g. next week) then you could include this in a Supplementary WS.