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apahtan

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About apahtan

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  1. In short, I think we had some luck on our side. If anyone is reading this for their own claim you need to put a LOT of research time in. It took me at least a good 20 -30 hours overall reading, editing, copy/pasting and trying to understand the arguments. It wouldve been a lot easier if I had done this in a more organised fashion. I went into this without knowing a lot. Personally I think the stuff I presented was confusing and didn't follow a nice, logical format and was not succinct. That's mainly down to doing it last minute - so avoid that at all costs! Finally, thanks to
  2. Won the case! No solicitor for the claimant came, Judge asked us to explain our case (I brought a friend who I thought would be my lay representative, but Judge said they could only be a Mackenzie friend) Argued over following points: Prohibitive sign - although I dont think I explained myself clearly and Judge didn't seem too convinced by it Misleading signage - Judge didn't accept our argument of "within windscreen", but was convinced by logo and Unfair Contracts 2008 regs Locus Standi - argued they breached their contract because said sign didnt fol
  3. Can't find the judgement about open ended parking contract, Found out from council that road is still unadopted but the property which the vehicle was parked in front of, is not owned by Bovis Homes - not sure if this counts, as Bovis could still own the road or if frontage applies
  4. Just to clarify - the contract they've shown says "We will require PCM UK to undertake the management and/or enforcement of parking on the land specified above" The contract explicitly says that they are required to manage parking?
  5. Summary of Witness Statement: 1. Parking charge issued due to contravention of T&Cs – no valid permit on display 2. Paragraph #5: Signage quote: “Vehicles fully displaying a valid parking permit within the windscreen of the vehicle, providing …” 3. Defendant raises issue with the authority by which my Company has issued the above charge. Document GSL1 – copy of contract with Landowner 4. Goes on to mention that Company has authority to enforce parking charges. Quotes Beavis and VCS vs HMRC “made it clear that a contracting party need not show the
  6. For cases that I have mentioned, should I include the whole transcript or the front page? I will bring the full transcript to the hearing
  7. Thanks for the additional info! Should I post this special delivery as it needs to get to Gladdys/Court by the 7th
  8. Updated. Will probably post this today . Added in paragraph 8 as PCMs contract with freeholder states they will operate in accordance with BPA and AOS Code of Practice I, defendant, OF 1 Street, Postcode WILL SAY AS FOLLOW: 1. I am the recorded keeper of vehicle with registration of CARREG. 2. Exhibited to this Witness Statement are the following documents which I wish to rely upon: i. Exhibit A1: The signage ii. Exhibit A1.2: A contract between the c
  9. Updated again. Once again, thanks for all your input, I know the deadline is closing and I'm feeling the pressure. Once again @ericsbrother, I am sorry but I need your help! I can't find relevant info for lack of planning permission and criminality... I believe I have included other points Their agreement with the landowner claims they must be a member of an ATA, but if the signage is incorrect does that mean that agreement doesn't hold? 1. I am the recorded keeper of vehicle with registration of CARREG. 2. Exhibited to this Witness State
  10. Updated the ATA bit: 1. If the claimant cannot update the relevant signage regarding their membership to an accredited trade organisation, it sheds doubt on whether the claimant may have a current agreement with the landowner. The claimant belongs to the International Parking Community, however, the signs as shown in figure X and even in the claimants’ own evidence bundle show that they belong to the Independent Parking Committee, this is a private company that is not an accredited trade association, which calls into doubt the validity of the signage as an offer of contract. As the
  11. No, I haven't moved. I've dug up some information from the estate agent, this is not in the lease but posted online as a guide for student accommodation: Certain areas of Hatfield require parking permits to park on the street if you are a resident in that street. Look out for signs on the street and take appropriate action. ... As a resident you will receive parking permits by Parking Control Management Limited with maps and instructions on the areas affected. This year, the permits will be delivered to our offcie and you will be able to collect once we advise you that we have rece
  12. Updated the witness statement, please criticise. Red to show changes. Also still can't find relevant judgements about the need to ratify old contracts Honestly, my WS seems like a jumble of arguments and some of the points I feel don't fully make sense to me. I've looked at other WS online and they are more legalese, it makes my head hurt. Also, I've read different things about what should be in a witness statement. It feels more like a defence that a statement of facts... I, defendant, OF 1 Street, Postcode WILL SAY AS FOLLOW: 1. The defendant is the r
  13. Sorry if I'm being dense, but I cant find a case where a judge required an agreement to be ratified on Parking Prankster, although I'm still looking. Again, struggling to understand what you mean (sorry!). Not sure what I'm looking for, but, in the witness statement they refer to International Parking Community and in their own evidence bundle they have a sign which shows the Independent Parking Committee. I thought this was the so-called silver bullet? This would be enough to win the case... The agreement is with the freeholder although the parking is on a public road (
  14. Just going through all my documents. I don't believe I have received an NTK... The first I knew of this was the TRACE debt recovery letters.
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