Do I /can I submit evidence in response to receiving the claimants bundle?

Kid.Kadoo

Hi All-

TL;DR- Received a piece of evidence in their witness/evidence pack that I would counter with an old document- do I have to submit to court before the hearing, or do I keep my rebuttal evidence until the actual hearing next month?

I have an ongoing case between myself and carparking firm. We are now at the stage of having submitted witness statements and evidence for the hearing which will be next month. I received their bundle last Friday, which contains a contract between them and my old housing management company to allegedly allow them to operate in my residential car park (where I was issued a fine for not displaying a permit despite my lease not stating this or being varied). 

I believe this to be a huge silver bullet for me, as this is the only contract they have provided. Because - in the case that the judge for some mad reason believes that this allowed them to operate despite no variance to my lease, then that contract is with the OLD housing management company anyway!! A new company took over in 2020, well before I was issued a "ticket". My gut instinct says to me that because they have no renewed signing with the new management company, that renders the old contract moot anyway and they have no valid contract to manage that carpark regardless. AM I RIGHT??

I have a copy of my old management company's letter stating their end date, back in 2020. Do I now need to send this to the court as I will want to use this at the hearing? Or do I hold onto it until the day of the hearing itself?

I have a counter claim in for trespass and data protection stuff. Would this be valid, based on the fact they have no valid contract? (Am I even right about the valid contract? Are they allowed to just carry over the signing of the previous company??)

Coupon-mad

I believe this to be a huge silver bullet for me, as this is the only contract they have provided. Because - in the case that the judge for some mad reason believes that this allowed them to operate despite no variance to my lease, then that contract is with the OLD housing management company anyway!! A new company took over in 2020, well before I was issued a "ticket".

I'd attack that at the hearing, however...

- I have a copy of my old management company's letter stating their end date, back in 2020. Do I now need to send this to the court as I will want to use this at the hearing? Or do I hold onto it until the day of the hearing itself?

If you want to use it at the hearing you will need to file and serve it now with a supplementary WS.

Do you want to also add a skeleton argument citing the new bombshell case of Mazur v Speechlys (if relevant to who signed their Claim form and/or their WS?) and the recent landmark residential case: Duchess of Bedford House?

...and maybe Simon Clay v Civil Enforcement Ltd, if you don't already have that case i. Support of your counterclaim?