CCJ from Old Address - Seeking Advice on Draft Order and WS

1505grandad

"(i). Concealed pitfall or trap:

The signage in this case required customers to enter their vehicle registration number at a kiosk inside the store."

What is that?

Troublesum1

1505grandad said:

"(i). Concealed pitfall or trap:

The signage in this case required customers to enter their vehicle registration number at a kiosk inside the store."

What is that?

Thanks grandad that whole section has references to another case that I need to amend thanks for alerting me to it!

Troublesum1

Oh gosh I think the whole forum had a wobble there. Annoying because I've made a few revelations. I'm going to submit this latest 3pm, first question: to submit do I just send to the court and the solicitors via email?

So regarding Jopson v Homeguard, I have had more of a think about the events and I remembered that I was in the process of moving out and actually I was loading my vehicle at the times I got these PCNs. With that in mind I have now adjusted my WS to say the following:

Jopson v Homeguard is against this claim

 

1.    Jopson v Homeguard (See Exhibit XX-05) is a persuasive appeal case that reinforces the primacy of contract of a Tenancy Agreement or Lease in the case of residential parking

 

2.     Jopson v Homeguard states on pg10 of Exhibit XX-05 “Whether a car is parked, or simply stopped, or left for a moment while unloading, or (to take an example discussed in argument) accompanying a frail person inside, must be a question of fact or degree.” I was loading my vehicle at times of the alleged breach of contract and Jopson v Homeguard supports the premise a resident enjoys the right to do so as allowed by resident’s Tenancy Agreement

Regarding Beavis, having a look into it more I don't see anything specific about Beavis that helps my case, it just seems to provide a new framework of what is acceptable and what isn't. So I've decided to remove that particular reference (the one grandad alerted me to) but I've left the sign in the Exhibits and made reference to the standard the sign sets.

One last question before I send is, what's the best way to submit my tenancy agreement as an exhibit? It's a big document so screen grabbing each page is a very laborious task. At the moment I just have a cover page for it as the last Exhibit in my Witness Statement and I've written to see email for the attachment, which I have named accordingly - is this ok?

Please do let me know your thoughts! Many thanks as always!

Coupon-mad

I think, do a scanned 'full tenancy agreement' file and save it in Dropbox and provide a URL link to it as well as exhibiting odd pages too.

Email it to the hearings email address of the local court (or whichever one you were told to use in the original hearing order, if it mentioned an email) plus copy in the C's solicitors to the SAME email so they can't pretend you didn't.

I think say this right at the start, as well as in your paragraph about Jopson:

I remembered that I was in the process of moving out and actually I was loading my vehicle at the times I got these PCNs. 

Troublesum1

Coupon-mad said:

I think, do a scanned 'full tenancy agreement' file and save it in Dropbox and provide a URL link to it as well as exhibiting odd pages too.

Email it to the hearings email address of the local court (or whichever one you were told to use in the original hearing order, if it mentioned an email) plus copy in the C's solicitors to the SAME email so they can't pretend you didn't.

I think say this right at the start, as well as in your paragraph about Jopson:

I remembered that I was in the process of moving out and actually I was loading my vehicle at the times I got these PCNs. 

Thank you coupon.

Sorry I did start with it in "Facts of events"

Facts of events

1.      Alleged breach of contract occurred at the parking area of my place of residence at the time, XXX on both 1st June and 6th June 2021

 

2.      On both occasion I was loading items into the vehicle in preparation for my moving home later that month. In each case I was only absent from the vehicle for a few minutes and drove the vehicle to storage straight after

 

3.      Shown in the Claimant’s evidence bundle, the event on 6th June was at night, none of the signage in the area is illuminated in any way making it impossible to meet the standard of signage set in Beavis case (see Exhibit XX-07)

I'll do the dropbox link with a few pages. Thanks!

Troublesum1

Sent! Automatic replies received! Will keep you all up to date. Win or lose I cannot thank you all enough.

Coupon-mad

Troublesum1 said:

Hello All!

@Coupon-mad@Johnersh @Le_Kirk (just tagging those who have been involved)

So I think it went well? Judge ordered the set a side though he did say it was "by the skin of your teeth" but he reserved the costs of the application based on the outcome of the defence against the claim (if I understand correctly). He said I must file a defence by the 7th August. I'm assuming the claim is going to be reissued for me to do this?? Claimant did not turn up as expected.

I wasn't sure if I should have pressed more for the fees to be ordered to me or not but the Judge seemed nice, didn't seem like he was doing me a disservice 

Three hours is an unusually long second hearing after a successful set aside!

Don't forget to ask for your reserved costs.

Troublesum1

Hi All,

No news from the Claimant/Court side but from my side life is progressing and causing some issues. So I mentioned before I had a little one due and the due date was last week. No real signs of labour have presented themselves as of yet but minor signs are there. We currently have a provisional, very provisional date of 7th Nov for induction and the court date is 9th Nov. - which is pretty uncomfortable. I definitely do not want to be in that situation. I had hoped baby would come sooner but now I think I should be maybe trying to get this court date postponed? How would I go about that? Is that even possible at this stage?

Le_Kirk

I would suggest you contact the court, explain the situation and get a postponement, you cannot afford to just not turn up, you would lose!

Coupon-mad

Le_Kirk said:

I would suggest you contact the court, explain the situation and get a postponement, you cannot afford to just not turn up, you would lose!

You have to get the Claimant to agree to have a chance of changing the date.