The hearing has been scheduled for the 27th of April, with the fee to be paid by the claimnant. Unfortunately I've missed the deadline to submit witness statement. Will contact the court to see if it's still possible to submit it.
I'd like to address some of the points made in their witness statement, if appropriate to do so in my own witness statement. For reference I've linked their witness statement here:
https://pdfhost.io/v/LQGdjELJ3m_Witness_StatementIn particular, I'm seeking guidance on how to respond to the following two claims:
I refer to the decision in One Parking Solution Ltd v Wilshaw [2021] (“Wilshaw”) whereby it was found that it is not necessary for the Claimant
to prove the Landowner’s authority to constitute a valid cause of action to recover the Parking Charge,
what is required is proof that there is a binding contract between the Claimant and the Defendant.
Further, it was found in Wilshaw that the contract between the Claimant and the Freeholder (Landowner) does not affect the validity of any contract between the Claimant and the Defendant.
My Company acknowledges the Defendant’s reference to another unrelated Claim that had been struck out due to the Particulars of Claim.
Respectfully, this is irrelevant, the Court has not determined the Particulars of Claim for this Claim to be insufficient when considering the case prior to allocation.
The Defendant seeking to rely on an unrelated matter is frivolous at best. The Charge remains due and the Defendant remains liable.
