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OK thank you very much. I will prepare my WS as you advise. I will indeed be preparing the WS over the weekend. I will also post UKPC's on Wednesday by 2nd class mail. As they have until the 17th to pay the court fee, is it possible they might discontinue at that stage too? Also I wanted to ask, in what form should the site manager's statement come? And the site owner if i can contact them? I will get photos of the signage to share with you also. Thank you. -
Theres speculation on whether the magazine was Womens Weekly or Boys own 😀 ... probably a classic first edition of boys own - based on it costing $130k :lol -
You have five days yet to respect the WS deadline which is next Wednesday. As others have said, you can e-mail the court their copy. That gives you the whole weekend to get the WS prepared. Personally I'd post UKPC's theirs by 2nd class post (all they are worth) on Wednesday too, the court won't look badly on a short delay from a Litigant-in-Person. Another point. In your WS you say their signs are rubbish. That's a great point if their signs really are rubbish. It's a dreadful point if their signs are fine. So have you got photos of their signs? -
You need to start drafting your WS. I would suggest as sections - Sequence of Events - a brief description of how you came to get the invoice. Permission from Landowner - self-explanatory. You will have to include this as it is in your defence. However, be aware that your argument is very weak and indeed harms your case. A person with no connection to the car park said you could park there - that is no different from saying that someone you met in the local pub said you could park there. Anyway, get the site manager's WS. Obviously this weak point could morph into a winner if you could get a WS from the landowner. Prohibition - you have this virtually word for word in the other WS. No locus standi - UKPC are not the landlord, they only administer the car park, they have no right to sue you (however the fact you never asked by CPR to see their contract with the landowner makes this a very weak point too). Double Recovery - again in the other WS.
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And don't be worrying too much about being a day or two late with your WS. As a litigant in person, you'll be given a little leeway. Take time to post up your WS here for the team to take a look. It'll give time to get your site manager's statement as an exhibit. Also, I understand you haven't got their WS yet? It could give you time to see theirs first if they send it. Do they have your email address? If so they could play dirty and send it the night before the hearing!
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The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
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