Link Parking Claim

Savosmee

I have the hearing in around 2 weeks and I wonder whether it's worth doing a skeleton argument as the other party provided one?

The managements company also replied saying that they didn't organise any ballot but no objections were received when they put the parking restrictions in place. Also said that as the management company they had to ensure that residents could access their bays and therefore it was for the benefits of all leaseholders. They also said that there are no fees for Link Parking but they get paid with the PCNs they issue

Le_Kirk

I would only produce and submit a skeleton argument if you defence and witness statement are complicated and you feel the judge might need leading through it.  Some skellies I've seen on here are longer than the WS and not what the poster was after at all.
MC are wrong, the ballot has to be BEFORE the PPC are appointed not after and just rely on "nobody complained". You should/could refer them to the Landlord and Tenant Act 1987.  Typical waffle from the MC, no doubt provided by the PPC!

Coupon-mad

Only need a skelly if there is case law to add.  Presumably already covered in your WS though.

Show us their skelly, redacting the name if an employee has signed it.

Savosmee

Okay, I will reply to the Management Company referring to the Act.
They took a long time to respond only to repeat more or less the same things...

The other thing about their decision to appoint Link is that in the evidence they provide there is a copy (I'm not sure if it's a full copy) of their agreement with Link and it is dated before the development was even fully completed and most leaseholders have purchased their properties so it would pre-dates many/most of the leaseholders' lease, I don't know if that would be an issue? I'm pretty sure it pre-dates mine by a few months but I was never informed and at the time nobody communicated anything about Link and there were no signs anywhere and Link started to put up signs a good few months or even a year after we moved in.

Savosmee

About the Skeleton Argument I actually uploaded it on page 3 of the thread I'm trying to paste the link below

https://forums.moneysavingexpert.com/discussion/6507914/link-parking-claim/p3

The witness statement was signed by a Paralegal at the firm and the other day that same paralegal emailed to ask me if I wanted to settle by paying now of course I said no. but then I asked her if she will be the one attending the hearing as I can see their office is hundreds of miles away from the Court to which she replied that "an advocate" will be present which probably means that she won't be? As the witness statement is only signed by her if she is not in attendance can I not just ask for her statement to be fully disregarded by the judge?

Coupon-mad

About the Skeleton Argument I actually uploaded it on page 3 of the thread 

Oh yes I remember now and I replied about that old chestnut:

We don't need to see it.
As I suggested, search the forum and find it already rebutted, because it's a template everyone gets.

It's also normal - as seen on all threads you search for and read - that the paralegal never attends.

You can point this out at the hearing - it means you are the only witness and the court must give more weight to your WS - but I don't expect a Judge to dismiss their bundle out of hand.

LDast

I ask that the Judge might consider striking out all or part of the so-called witness statement of [paralegal name] who is based at [solicitor name] offices in [solicitor offices address] and has most likely never been to the car park in question.  The person making these unpleaded and unevidenced allegations is not a true witness, nor are they even an employee of the Claimant.  The court requires the witness statements of the 'parties' [PPC and myself] and there is nothing from the Claimants themselves, who are also unlikely to attend the hearing.

If the Claimant's Witness Statement is allowed to stand, and bears scrutiny at the hearing, naturally I believe that less weight should be given to it than to my own account.

Grizebeck

https://www.civillitigationbrief.com/2024/08/15/non-compliant-witness-statements-again-the-solicitors-statement-of-compliance-was-false/
https://www.bailii.org/ew/cases/EWHC/Ch/2024/2122.html

maybe helpful

Savosmee

Thank all that's helpful.

Do we have a template of Skeleton Argument that is good to use? I'm not sure if some may be out of date or not a good template on the forum?

Also for the costs, initially I had provided some costs assessments with my WS but the childcare costs have changed and also I ended up having to print the whole evidence and obviously it increased the costs, can I update the costs assessment I made?

Coupon-mad

can I update the costs assessment I made?

Yes you can.

There are a few skeleton arguments on the forum but no 'template'.