ANOTHER ONE BITES THE DUST!

Coupon-mad

PACE v Lengyel

Also I didn't see the above transcript. Google for it and search the forum to plagiarise some words.

And there's a point that the sign only offers a contract to patrons and in fact, the driver can't have been so bound. Any contract wasn't offered to all-comers and was void for impossibility in seven minutes flat!

Pathetic claim for SEVEN minutes driving, not parking. The images show the car driving, so it could only have been momentarily 'stopped' for about four minutes at the most!

The driver could not possibly be deemed to have read & accepted the terms and gone inside to find the screen to exempt their car, because they clearly either decided not to be so bound, not to park, then left. Or they were maybe just in the wrong place, or found the premises were closed, or were dropping off a passenger?

If yes, say so and quote the MHCLG 2022 withdrawn - but about to be re-launched - Code of Practice (Google it) definition of 'PARKING PERIOD' which exempts passenger set-down or pick up because…that's exempt activity on street/off-street and isn't parking!

Revisit my post on page two about the sign.

Neo14

https://forums.moneysavingexpert.com/discussion/comment/82093476#Comment_82093476

Thank you so much coupon-mad. But I sent the WS bundle to court- prior to addressing the final points you mentioned in the last post- oops big mistake. This was to ensure my witness statement is received with in 14 days period prior to the hearing. Presuming I cant make any changes now?? instead can I clarify these points prior to hearing/during hearing?anything I can do now? I only received defendant Particulars of claim with all these docs/images/details. I did not receive any correspondance in the name of defendants witness statement.

Gr1pr

Have they paid the hearing fee. ? By the hearing fee deadline. ? ( if you dont know the answer, phone the court tomorrow morning and find out. )

Both sides had the same deadline for WS submission to the court and each other

Le_Kirk

Presuming I cant make any changes now?? instead can I clarify these points prior to hearing/during hearing?anything I can do now? I only received defendant Particulars of claim with all these docs/images/details. I did not receive any correspondence in the name of defendant's witness statement.

You could send a supplementary witness statement to court and claimant's solicitor. You can't ambush them on the day. Aren't you the defendant? Or is there a counterclaim in play?

Neo14

https://forums.moneysavingexpert.com/discussion/comment/82096994#Comment_82096994

I did call the court and I was told that they did pay the fee on 16 July- well before the deadline. Is it a must for them to send me a copy of witness statement- or may be they are in the process to send me the witness statement? Is there a way to find out beforehand if claiment would be attending for hearing?

Neo14

https://forums.moneysavingexpert.com/discussion/comment/82097086#Comment_82097086

I am the defendant- its not a counterclaim. Thanks I can send the supplementry statement but it will be less than 14 days now.

Coupon-mad

Did you put in a skeleton argument yet?

As a skelly has no deadline it can be added next week, as long as it is clarifying the legal points you missed that I advised and attaching or linking key transcripts not in your WS.

Neo14

https://forums.moneysavingexpert.com/discussion/comment/82097372#Comment_82097372

I did put the skeleton argument earlier. I have sent a supplementary revised document now. Lets see if the judge accepts that. I still have not received the claimants witness statement, but they did submit court fee- how normal is that- what should I be expecting?

Gr1pr

Your court order gave the same WS deadline to both sides, so they are in breach of the court order

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82098774#Comment_82098774

Yes, if that's what the Order said.