Landowner contract

Ceer1989

Hi, I'm going to court with Euro Parks/Gladstones 18th February. I received their witness statement 2nd February (they were 10 days late) the deadline was 22nd January. In their witness statement is their contract with Landowner dated 28.04.2015, I checked land registry and the Landowner registered on the title register is from 01.05.2015. Is the contract valid? 

zhonguonuren

Interesting but on balance and because the dates are so close I would say the contract probably would be viewed as valid 😢.  The 1st May would be completion day but contracts could have been exchanged weeks or even months prior to this giving the landowner some rights.  

Really hope the hearing goes well.  I detest Gladstones.  

Coupon-mad

Done your own WS and evidence in time?

Read the shiny new statutory Parking Code of Practice and bargepole's thread from Monday?

Ceer1989

Yes, I done everything on time. Where can I find the new statutory parking code of practice? 

Ceer1989

I read it on gov.uk but it is not in force yet is it? 

Coupon-mad

Did you not read bargepole's thread yet?

Why do you think the final Code of Practice (now laid in Parliament as part of an Act that was enacted in 2019) isn't useful for you to quote? it is not retrospective BUT it sends out a clear steer for Judges.  Think about it,

Ceer1989

I think I read his thread on Monday evening. I also read that we will have to wait until the end of the next year for the new measurements to be implemented? 
I'm not sure if the judge will take it into consideration now?

Coupon-mad

If defendants can't see that (extremely rare in commercial markets) Government legislation and robust intervention to replace failed and self-serving Codes of Practice with a new one, is (as I said) 'a clear steer for Judges' immediately and realise that yes, it helps your case, then I despair.

I did say, think about it.  Re-read what I am saying, how differently can I put this, so you see that it assists you?  I will try again:

Basically you/we/Judges now have chapter and verse on what good practice and a proper interpretation of the Consumer Rights Act 2015 looks like, in the private parking context.

We all know the old Codes were not good enough and that self regulation had failed consumers.  Therefore, anything in the old CoPs is unreliable and even (arguably) unfair in law in some instances.  The Government voice is obviously the correct interpretation of things like clarity and prominence of consumer notices.  And that is already in legislation.

Ceer1989

Should I submit to court a supplementary WS regarding this new statutory parking code of practice?

KeithP

Ceer1989 said:

I think I read his thread on Monday evening. I also read that we will have to wait until the end of the next year for the new measurements to be implemented? 
I'm not sure if the judge will take it into consideration now?

If you had written "I'm sure the judge will not take it into consideration now" then you might have had a valid point.  

The point being, if you are not sure then do it anyway.

Coupon-mad

Ceer1989 said:

Should I submit to court a supplementary WS regarding this new statutory parking code of practice?

I would if you have time - but not just throwing the whole thing at the Judge, who would perhaps sigh and say what you did 'but it doesn't apply yet'.

You need to have the answer to that (which I gave you already) and need to read the Code and pick out the relevant parts to quote, that support your case, and bring it back to the Consumer Rights Act 2015  that already exists and must be considered (s71 says so).