BW LEGAL CRITICISED BY THE COURT FOR THE WRONGLY GIVEN ADVICE TO PARKING AND PROPERTY MANAGEMENT LIMITED
It is an unusual situation where the Court criticises a legal representative for misunderstanding the law. Before the County Court at Worthing, BW Legal has been faced with such criticism.
In a nutshell, our client was the driver and the registered keeper of a vehicle. She was working for the NHS for Southeast Coast Ambulance, and she was issued with a Notice to Keeper for not displaying a valid permit while she made an essential visit to one of the properties within located within the Estate.
Proceedings were issued against her for breach of contract, and she contacted our firm for assistance. We drafted for her a very strong defence and the matter was listed for the final hearing before the County Court at Worthing.
At the final hearing our client was represented by Mr Jackson Yamba, Advocate at Lawrence and Associates Solicitors.
It was the Claimant’s case that the driver of the vehicle was in breach of the terms and conditions of the Car Park. In response to the argument, our client’s legal representative argued that the case was badly pleaded. The case should have been pursued as a matter of trespassing instead of the breach of the contract.
The advocate went further in his pertinent argument that terms and conditions required the driver do something which she could not do because she was making an essential visit to one of the property located within the Car Park and there was no evidence that a permit was provided to our client.
He finally concluded in his brilliant submission that the consequence of this situation is that any contract between the Claimant and our client should be invalided under the doctrine of impossibility of performance. The inability of our client to comply with terms and conditions was not caused by any act or omission but a state of affairs over which she had no control.
The argument put forward by our client’s advocate was accepted by the Court and resulted in a dismissal of the claim. However, BW Legal was not spared of criticism for wrongly advised their client. It is unclear whether it was simply a mistake on the part of BW Legal or because they did not understand the consequence of the Law of impossibility of performance.
We are proud of our records and understanding of the English Law of Contract and we can assist you in defending the claim at low costs
WERE YOU ISSUED WITH A PARKING TICKET FOR FAILING TO VALID TO DISPLAY A PERMIT WHILE VISITING A FRIEND OR FAMILY?
WHERE YOU UNABLE TO DISPLAY TO PERMIT ?
UNSURE IF YOU HAVE A VALID DEFENCE ?
YOU ARE NOT ALONE, WE ARE HERE TO ASSIST YOU, PLEASE CONTACT US IMMEDIATELY.