Defence Witness statement help required

Armhh

There are only two pages to the contract.  The last image I posted was page one (I didn't remove it from the bundle which is why you can't see the punch holes); the second page I posted earlier and is entitled 'Terms and Conditions'.  There is no site map included in the link parking contract.  The carpark only accommodates about 6 cars (3 on each side of a square) and there are signs on both parking walls but they were in an extremely dilapidated condition and well above my head. Completely unreadable. There is no lighting in the car park at all.  
The agreement was with CHAPS Group limited.  Address is the same as the car park which is Construction House, Dumballs Road, Cardiff.

SayNoToPCN

No.
Names needed
or are you going to check S43 and S44 compliance yourself?

Armhh

So sorry folks.  Give me one sec.  I will re-photograph it.  I don't have a scanner.  So apologies for making this onerous (wasn't my intention).

Armhh

These are the two pages of the  contract and the third image is of the site

Fruitcake

Sadly both signatories are directors of their respective companies and were so at the time of the alleged event, so the document complies with S43 of the Companies Act 2006 with regards to a Simple Contract.

I doubt a judge would be interested in S 44 of the Act as a result.


The only question remaining is, were CHAPS Group the landowners at the time of the alleged event, or an agent of the landowner?
If they were an agent, then the man on the Clapham omnibus might reasonably expect there to be a contract flowing from the landowner to the agent giving authority for the agent to form contracts on behalf of the landowner.

You should aver that there is no contract with the landowner authorising an agent to form a contract with an unregulated third party to operate on the land in question, (if you know who it is) and require the scammers to prove the contrary is true.

Castle

The accounts filed at Companies House for Chaps Group Ltd, (Company number 09639942), shows only Plant & Machinery and Motor Vehicles as Fixed Assets of the company.

Armhh

Thank you for doing the search.
I don't know whether Mr Jamie Stacey or Chaps group are the actual landowners.  

I didn't realise that my Witness Statement had to be submitted by 15th April because it was half way down the the second page of the N157 and so I have very little time to research case law to back up any arguments. 
Could anyone point me in the right direction in terms of permit display car parks - is there a grace period of time to go inside the building to obtain the permit before displaying?  The predatory parking attendant slapped on tickets as soon as you walk inside the building without giving an opportunity to return to the vehicle to place the permit on the dashboard.  He did  this on numerous occasions to my colleague and in her case, even put tickets on when a permit was displayed.  The claimant presents case law that suggests a driver should park outside the permit area, obtain the permit and then enter.  This is unreasonable but how do I present this argument?
Also, I was at the premises to move office paraphernalia to a new location.  I had to park in the car park to do this.  I have asked the organisation I was working on behalf of (sub-tenants at the premises) as a volunteer to provide me with a witness testimony to affirm that I was parked on that date for the purpose of moving offices.
 I have read the Newbies 'preparing a witness statement' and will assert that the signage was unreadable, however, I am uncertain which other bits of case law to include as this wasn't a pay and display car park.

Any help would be very much appreciated.

Fruitcake

Para 3.2 of the contract states that The Client is required to display a permit. As far as I can tell, nobody else is required to display a permit.

Were you The Client? If not, then according to that contract, you didn't need to show one. 

With regards to your point about getting a charge whilst a motorist is in the process of obtaining a permit, you have just about explained it in your post above.
Obtaining a permit to park before you park is a clause of impossibility, and unreasonable.. The CRA 2015 covers contract fairness. 

I suggest you state that Neither Chaps Group nor Jamie Stacey are the landowner, and no contract with of flowing from the landowner has been shown.

The judge in the court case of (Laura) Jopson vs Homeguard (Services Ltd) stated that loading and unloading is not parking. This was an appeal court case which is persuasive on the lower courts.
The judgment is available online, and the relevant part is around pars 19 and 20.

Coupon-mad

Armhh said:

Link Parking Contract with the landlord:

Looks like this one:

https://forums.moneysavingexpert.com/discussion/comment/78246151/#Comment_78246151

SayNoToPCN

It is absolutely insnae to suggest that in a car park you cannot obtain a permit once parked. That is absurd, and should be raised up as such.