ADVICE: Premier Parking Solutions LTD Court Date set

cornboy

So my best bet is to go with the argument that they have crap signage that doesn't comply.

cornboy

Does my statement above work ok?

Coupon-mad

cornboy said:

So my best bet is to go with the argument that they have crap signage that doesn't comply.

Signage is ALWAYS key but that's not what I said; my reply told you that they have to comply with Sch4 to have keeper liability!  The POFA may well not have been complied with and you've already started quite a good basis for a WS.

But you need to take a look at aphex007's bundle, plagiarise some of it and improve yours and add this:

The statutory Parking Code of Practice is not 'defunct' - a word used by BW Legal in their Skeleton.  The truth is (as BW Legal and the Claimants know full well because the entire parking industry is fully engaged in the outcome) that it is about to be resurrected by the DLUHC this month.

And despite this Skeleton bearing all the hallmarks of a document that might well have the unfortunate effect of misleading the court about the status of the incoming statutory Code (due to the word 'defunct') these legal representatives have gone further and accuse me of unreasonable conduct for relying upon an incoming instrument of statute which they indisputably know is not 'defunct'.

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You have also cited several cases in Paras 7 and 19 but you haven't said that you are appending the transcripts as Exhibits.  I would remove 7a and replace it with Excel v Smith because that one is persuasive (it was an appeal so has higher clout).  

Smith and Lamoureux are both findable on the forum with links to the transcripts several times.

Which car park is this about? A residential one or where? What does their WS & evidence allege, or haven't they sent it to you yet?

Le_Kirk

cornboy said:

STATEMENT OF TRUTH:

I believe the facts stated in this Witness Statement are true.

You need the longer statement of truth that is surely found at the bottom of the exemplars you are using!

cornboy

Here is their statement: Removed for now.

cornboy

@Coupon-mad going to submit today if you have any other advice it would be welcome.

Coupon-mad

As long as you made the previous changes and attached Excel v Smith - and remember to tell the Judge that it was on appeal, therefore unlike Excel v Lamoureux it is persuasive - it looks good.

cornboy

It is all submitted to the courts and BW Legal.

Thank you so much for all your help @Coupon-mad@Le_Kirk @1505grandad and @Umkomaas

I will now prepare for my hearing, which i have no idea what to expect but will start reading up now.

KeithP

cornboy said:

I will now prepare for my hearing, which i have no idea what to expect but will start reading up now.

Have you seen this video?...

www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.

That video was made a few years ago and most hearings nowadays seem to be via telephone or video link.

cornboy

Be legal have now sent me and the court a supplementary witness statement after the deadline to respond to my witness statement. Is that normal?