Hearing next month, need help with my witness statement/ skeleton argument pls

[jaguarsuk]

Ah man, I already served my witness statement.

It's looking like this will go to court now and it might not get sorted on the day.
Just annoying they can't just ring the landlord and ask him the question but hey ho.

Feel like I've pestered this landlord enough, would feel a bit cheeky asking for a copy of this tenancy agreement.
With the information supplied, would the court not ask for this tenancy agreement themselves?

Surely the dates of the contact vs the dates mentioned by the landlord, the date of the incident would raise questions as to if it was valid anyway?
Plus they haven't mentioned any CCTV and the pictures they have provided doesn't cover the area where I was stood either.

Kind regards,
Jack.

The agreement would just strengthen your argument as you could categorically prove the landlord doesn't convey his responsibilities via the tenancy agreement them.

On the day the judge will make an opening statement, the claimant will make theirs to explain the claim and then you will be allowed to respond.

In your you simply need to state that they do not have the authority of the land owner to ticket on land required per the IPC code (cite the clause number) and this is backed by the statement in your evidence marked X of the landlord.

That they have produced a contract of a former tenant of the landlord whom did not have the authority of the landlord to act as his agent in contracting with them and thus the contract isn't worth the paper it is written on.

As such they have not lawfully issued a penalty notice to you, it is unenforceable and you respectfully request the claim is dismissed.

[jackmarak]

The company liquidated months before the incident occurred apparently.
Therefore impossible for that contract to cover the time I was there (Although worthless in the first place).

Really want to get in touch with the their solicitors and have a chat about when I found online.
It's public knowledge. Be an absolute travesty if I lose this case.
There will be a go fund me and another company being liquidated!

[jaguarsuk]

The company liquidated months before the incident occurred apparently.
Therefore impossible for that contract to cover the time I was there (Although worthless in the first place).

Really want to get in touch with the their solicitors and have a chat about when I found online.
It's public knowledge. Be an absolute travesty if I lose this case.
There will be a go fund me and another company being liquidated!

Litigation is a cat and mouse affair, don't reveal your hand until the right time. In this instance in the court room.

[jackmarak]

The court will see from my witness statement (This isn't everything):

• I have quoted: Section B.1.1 of the IPC Code of Practice

If you operate parking management activities on land which is not owned by you, you must supply us with written authority from the land owner sufficient to establish you as the “Creditor” within the meaning of the Protection of Freedoms Act 2012 (where applicable) and in any event to establish you as a person who is able to recover parking charges. There is no prescribed form for such agreement and it need not necessarily be as part of a contract but it must include the express ability for an operator to recover parking charges on the landowner's behalf or provide sufficient right to occupy the land in question so that charges can be recovered by the operator directly. This applies whether or not you intend to use the keeper liability provisions

• In my witness statement, I have challenged the claimant to prove they had authority by asking for a statement/contract from the landlord. They note the company owner as 'proprietor' (In their contract + witness statement) my understanding is that doesn't mean landlord.

• The statement from the landlord explains I have permission to park there.

I have already mentioned in my cover letter that I won't be attending the hearing physically.
Would this mean the claimant could just lie in court about the legitimacy of their contract without contest from myself?
i.e. just accept that the 'proprietor' is the landlord?

I'm hoping this should be enough really, I'm worried I should attend but I just started a new job recently.

Thank you for the replies, really helping me get my head around things.

[jaguarsuk]

I have already mentioned in my cover letter that I won't be attending the hearing physically.
Would this mean the claimant could just lie in court about the legitimacy of their contract without contest from myself?
i.e. just accept that the 'proprietor' is the landlord?

I'm hoping this should be enough really, I'm worried I should attend but I just started a new job recently.

Thank you for the replies, really helping me get my head around things.

Yes they'll probably lie and say that's enough, you are always better to attend a hearing for the very reason that if the other side supposes something you are there to counter it. If you aren't there then there's little the judge can do than accept their supposition at face value.

If you are not attending court you need to write to inform the court no later than 7 days prior to the hearing too.

[jackmarak]

I have already told the court I am not attending.
Looks like I may have to change my mind here, can I go back on my notice?

I might wait until at week and a half before to see if it gets discontinued first.

[jaguarsuk]

I have already told the court I am not attending.
Looks like I may have to change my mind here, can I go back on my notice?

I might wait until at week and a half before to see if it gets discontinued first.

Yes you can email the court to tell them you will in fact attend.

I'd be surprised if the discontinue having prepared a witness statement and evidence.

[jackmarak]

Looks like I will have to write a Skeleton argument now then.
I've read I should always ask if their representative has a 'right to an audience' at the start.

Is a skeleton argument basically a script of what you are going to say?

Kind regards,
Jack.

[jackmarak]

Read about Skeleton arguments.
Sounds like a harder task than the witness statement this.

Outlining legal arguments and explaining how they apply.
Sort of done this already?

The tough part will be finding the relevant legal argument to back my stances...

[jaguarsuk]

Looks like I will have to write a Skeleton argument now then.
I've read I should always ask if their representative has a 'right to an audience' at the start.

Is a skeleton argument basically a script of what you are going to say?

Kind regards,
Jack.

Personally when I write mine I prefer to simply bullet point the points I need to make, but then I'm very comfortable with public speaking and so I am confident I can pull together what I fully want to say off the cuff from bullet points.

I wouldn't ask if their representative has rights of audience as remember the judge is part of their profession and you don't want to annoy them. They'll probably send you a schedule of costs that will name their representative, so look them up on LinkedIn to see if they are a solicitor.

Also, it unnerves them a little when they arrive and you're able to go up to them to introduce yourself having never met them before. Social Media is great.

[jackmarak]

I'm pretty confident and it would probably benefit me to bullet point aswell.
Would I be okay quoting the legislation and then bullet pointing underneath the relevant points I will make?

I hear Gladstones hire someone on the day to go to court so when I ask about right to audience, I mean them.
I hear a few cases get stuck out before they start because of this.

Would me asking the rep sent from Gladstones, offend the judge?

[jaguarsuk]

I'm pretty confident and it would probably benefit me to bullet point aswell.
Would I be okay quoting the legislation and then bullet pointing underneath the relevant points I will make?

I hear Gladstones hire someone on the day to go to court so when I ask about right to audience, I mean them.
I hear a few cases get stuck out before they start because of this.

Would me asking the rep sent from Gladstones, offend the judge?

Yeah, that's exactly what I do, The legislation and quote of it I need, then go on to develop my point off the cuff.

A lot of solicitors will have a local firm they pass appearances across to, but I the chances of them sending someone who has no right of audience is slim to none.

In actual fact under the Lay Representatives (Rights of Audience) Order 1999 they could nominate anyone to act on their behalf really.

You have to remember that the legal profession is their club and you as a Litigant in Person are not in their club, but playing in their world. A judge wouldn't necessarily get stropy about it, but if they do it could mean you have an uphill battle int he claim and in reality the chance of them not having right of audience is tiny.

It's your claim and you should conduct it how you think will best win you the claim, this is just my personal view.

[jackmarak]

Fair enough, I'll take your advice there.
What happens if you don't have a skeleton argument?

I'm going to upload my documents to a shared link if that's okay?

[jackmarak]

https://www.dropbox.com/sh/khbunp1us...ph1n0mjba?dl=0

That includes: my defence statement, a letter I sent to ES, the witness statement/their witness statement and relevant bits of my evidence including statement from landlord.
Must admit, the defence statement was pretty much a template I was given by advice.

Does my skeleton have to be based off those documents?

[jaguarsuk]

I don't have access to drop box from where I am at the moment, but if those documents have your personal details on them then you really ought to edit them.

All your arguments in the hearing are to be based off your defence.