Introducing Ws info not used in defence

Le_Kirk

Punkstig said:

The parking contract between the landowner and pps is still redacted (names and signatures)
Should I expect a copy of the original at court without redaction, if the one provided is still redacted can I question its validity?
Fyi it is signed by only one chief executive officer if that has any additional relevance?

Search the forum using Hancock v Promontoria as your search term, change the drop down box from "Best Match" to "Newest" and look for posts by @Fruitcake who frequently posts good information about execution of contracts.

Fruitcake

This thread by Johnersh details the Hancock v Promontoria case.

Redactions in Disclosure — MoneySavingExpert Forum

Note that this was a court of appeal case so is therefore persuasive on the lower courts.

Coupon-mad

And read the thread I started about winning an NCP case in court this year, which shows how to argue it. That Judge loved it!  Made his judgment bulletproof.

Punkstig

So, one thing I've found in the redacted contract regarding my case specifically is-

Restrictions: Details of the applicable parking conditions, restrictions for the premises are as follows;
Loading and visitor bays are limited to 20 minutes free parking.

At no point in the document does it give any restrictions on what vehicles can use the loading bays.
If they produce the non-redacted document can I argue that they had no authority by the landowner to restrict what vehicles can use the bays to load/unloading?

Coupon-mad

Yes indeed.

Fruitcake

I have sent you a PM about redactions.

Punkstig

Amazing as always, thanks

Punkstig

I think this is the last question, unfortunately I think I know the answer-
As a reminder, I was loading in a loading bay, this has been acknowledged by pps and I have evidence as such, however I have used the word 'parked' in my ws, would this mean that I cannot use Jopson vs Homeguard?

Coupon-mad

No, but it's better NOT to call it 'parked' in this case.  Have you already sent your WS?

Punkstig

Coupon-mad said:

No, but it's better NOT to call it 'parked' in this case.  Have you already sent your WS?

I'm way past that- court appearance imminent!
Thanks for the information.