Help! Applying to set aside default judgement, will just need help with defence

[chazel]

Hi there

I am preparing the application to set aside a default judgement, and think that the angle/s we have is ok... but wondered if anyone would be willing to look this over and confirm if there is anything that should be removed or added in?

Was going to use case UK PARKING CONTROL LTD v SEAN MASTERSON (http://nebula.wsimg.com/c8348f3d7a15...&alloworigin=1) as case study due to the sign being "allegedly" the same. As well as the NHS being the freeholder and the Swan Housing association being the tenant, anddd UKPC being the operator. There is, however, a contract between Swan Housing and UKPC, but not sure about NHS. This has been requested today using the Freedom of Information Act. Regardless, i'm wondering if we can still use the "not sure this is a contract" from this case, as well as some other angles associated with this.

May be easier for me to upload a draft defence?!

I can go into the details/back story if required.

I'd really appreciate help with this as been going strong with getting this sorted myself!

Best,

C

[charitynjw]

Hi
Generally what you'd be concerned with is the authority granted ultimately from the landowner which gives the parking co the right to operate on a particular site, & under what conditions.
Sometimes there is a direct contract between the landowner & the parking co, other times there might be intermediate companies which form a chain of authority (ie landowner-management co-parking co)
However, using the above scenario as an example, the management co can't authorise anything if it doesn't have the necessary permission of the landowner.

[chazel]

Thank you for your reply.

It appears that "they do" however, I'm contacting the trust to confirm this.

The "contract" pictures from the contravention are all blurry and from over four years ago. How can they bring claim for breach of contract if the terms are not even legible!!

Furthermore, do we need to provide evidence at the stage to go along with our witness statement to set the case aside, or just the witness statement and draft order?

Many thanks

C

[chazel]

Ignore the question regarding evidence for the Witness Statement, i'm assuming we don't.

I think that we will submit defence that the contract was not formed due to no entrance sign or signs, and now they are all changed, with STILL no entrance sign as per BPA code of practice.

Furthermore, the evidence of the signs provided are not legible. SCS Law provided a pdf copy stating that these were the terms and they won't provide any further evidence other than this.

Hoping we have a chance here to win!

[charitynjw]

Ignore the question regarding evidence for the Witness Statement, i'm assuming we don't.

I think that we will submit defence that the contract was not formed due to no entrance sign or signs, and now they are all changed, with STILL no entrance sign as per BPA code of practice.

Furthermore, the evidence of the signs provided are not legible. SCS Law provided a pdf copy stating that these were the terms and they won't provide any further evidence other than this.

Hoping we have a chance here to win!

The parking co Code of Practice & the Consumer Rights Act 2015 Unfair Terms provisions might help.
Ie s68 CRA... https://www.legislation.gov.uk/ukpga/2015/15/section/68/enacted

[chazel]

thank you