PCM Ticket whilst parked outside a friends house visiting, do i pay?

[Deleted User] · 27 July 2017 at 10:17PM

You don't need the case. Cite it, by all means, but there isn't a lawyer (or law student) in any commonwealth jurisdiction that won't know of it, or more specifically the delightful judgment from Denning LJ in that case...

System · 28 July 2017 at 7:20AM

A quote for you, cite as Spurling v Bradshaw [1956] 1 WLR 461

“I quite agree that the more unreasonable a clause is, the greater the notice which must be given of it. Some clauses which I have seen would need to be printed in red ink on the face of the document with a red hand pointing to it before the notice could be held to be sufficient".

infernouk · 28 July 2017 at 5:50PM

Coupon-mad wrote: »

Google!

Plenty of resources from Wikipedia to Law resources summarise it, and Lord Denning's 'red hand rule'.

Costs schedule needs to be filed a couple of days before, to the court and the other side, along with your skeleton.

Thanks, so the skeleton can wait and go with the costs nearer the time? I read in the sticky it was 2 days before? How about the witness attendance attack document?

Right now its just this witness statement and the exhibits that need to go?

Interestingly, the same witness is being used against me as was used in this case, can i reference this and send it in my exhibits? as its essentially the same case...or cant i use a webpage as an exhibit

http://parking-prankster.blogspot.co.uk/2016/04/pcm-uk-signage-does-not-create-contract.html

Thanks!

And here is my proposed final WS submission!

https://www.dropbox.com/s/0knidhn2i8o27pr/WS%20Redact.docx?dl=0

Coupon-mad · 28 July 2017 at 10:48PM

Right now its just this witness statement and the exhibits that need to go?

Yes, I would send it.

Skeleton and costs schedule go a couple of days before.

And the first things to challenge on the day are:

1. The Right of Audience of the hired gun who rocks up, to try to stop the claim dead (BMPA can help).

2. If the hearing proceeds, next raise your objection to the fact their witness isn't in attendance.

infernouk · 29 July 2017 at 9:38AM

Coupon-mad wrote: »

Yes, I would send it.

Skeleton and costs schedule go a couple of days before.

And the first things to challenge on the day are:

1. The Right of Audience of the hired gun who rocks up, to try to stop the claim dead (BMPA can help).

2. If the hearing proceeds, next raise your objection to the fact their witness isn't in attendance.

Im cautions of the witness attendance approach actually. Looking at that parking prankster link above, the witness does show up and shes an ill trained employee with no legal backing, but might be foolish to go planning to state they arent there when its likely they will be

Coupon-mad · 29 July 2017 at 12:11PM

Also present was Georgina Philpot, the PCM employee who had signed their witness statements.

OK so if she shows up, as in the above case, with the Hired Gun then you can't question Rights of Audience, because PCM would be there.

But you would then be able to put her to proof of her statements and 'personal knowledge' (she isn't someone out at the car parks dishing out penalties, she appears to be a pen-pusher).

infernouk · 29 July 2017 at 12:16PM

Coupon-mad wrote: »

OK so if she shows up, as in the above case, with the Hired Gun then you can't question Rights of Audience, because PCM would be there.

But you would then be able to put her to proof of her statements and 'personal knowledge' (she isn't someone out at the car parks dishing out penalties, she appears to be a pen-pusher).

Yep ill plan the approach to that closer to the time. I have emailed the documents to Gladstone as it was too much to print off in total. Then i will just post a paper copy to the court.

infernouk · 8 August 2017 at 5:55PM

Hey guys, im just sitting down to write the skeleton argument and costs for the case, a friend told me that costs are fixed? yet ive seen others claim a list of expenses in their cases to various sums, whats the truth there? As for the skeleton I assume i can work from examples in the newbie thread then post it here for review

here was my proposed costs document: https://www.dropbox.com/s/0sgnelmev8mvkpq/Schedule%20of%20Costs%20RD.docx?dl=0

Umkomaas · 8 August 2017 at 8:01PM

I think there's an example of a cost schedule in the newbies sticky, post #2 as well?

infernouk · 8 August 2017 at 8:02PM

Umkomaas wrote: »

I think there's an example of a cost schedule in the newbies sticky, post #2 as well?

the schedule was from an example, my query was related to maximum ammount

PCM Ticket whilst parked outside a friends house visiting, do i pay?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free