they cant just change their mind as to what condition was breached, it has to be given on the screen ticket ad the NTK and match one of the conditions on the signage at the time.
If I employed you to cut my grass and you did a rubbish job of that and I decided to sue you for not watering the flowers I cant suddenly change my mind when I realise that is a loser and say that you didnt cut it in a nice stripy pattern when there was no such mention of that condition in the agreement.
GOGW is admissible to show that thier client doesnt really have a contractual claim for the sum at all. they will say they are being generous but the truth is they are abusing the courts to try and coerce you into paying money that isnt actually owed and they know it. half of what they ask for is unlawful under the terms of the POFA but they do like to try it on as it mitigates their costs of the actions they lose
so just follow the advice given in the other threads and if they are stupid enough to threaten court action you respond to that but nothing before that.
The barriers might have been removed due to a loack of planning permission so chack with the council. If they know nothing about any of it then enquiries to the land agnets/management co would be in order.
"Dear Simple simon" as Simon Renshaw Smith owns the company
drop the reference to your lawyer. if you had one he would be writing this letter
dont ask for an explanation, it only repeats what you say 2 lines later anyway
you ignore this begging letter.
Also yu check with the council about planning permission, if you cnat find it on the planning portal you ask the council planning dept about any applicatiosn for that address.
You cnat assume things but you can state that you do not belive they have the necessary contracts/permissions/consents because they have failed to provide them when requested under CPR 31.14
now there is a thing called Standard Disclosure for all civil proceedings (CPR 31.6) so they cant wriggle out of it so easily as that includes anything that adversely affects their case so if they wont produce their contract with the LL then you can say that you believe they have failed to do so because it aversely affects their case. they are then caught by the "when did you stop beating your wife" impossibility.
make sure that you have all documents you need to avoid them throwing it back at you but generally there wont be an equivalent if you arent the driver!
Here is the section which applies. Internal VAT Guidance.
The Sheriff’s Officer organises the activities of the bailiffs and, where necessary, the sale of the debtor’s goods. In some areas, they are a salaried employee of the Under-Sheriff. In others they are a self-employed sole proprietor or partner working either full- time as a Sheriff’s Officer or part-time as a Sheriff’s Officer with other business activities such as an auctioneer.
If they are not an employee their services are taxable. The position of bailiffs is similar to this.
The other people involved in High Court debt recovery work, for example locksmiths, auctioneers or removal men are also regarded as making taxable supplies in the course of their businesses.
(b) Nature and value of supply
The total fees and allowable expenses payable in respect of services provided by the different people involved are set out in the relevant Sheriff’s Fees Order. The value for VAT purposes is the amount each person gets as their share of the statutory fee and any expenses charged. The full amount charged, including tax, is recoverable from the debtor.