PCM UK spanked in court - Parking Prankster

catfunt

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

Essential reading for anyone in a "ticketed in own space at home" case.
Hopefully this will show up in a search for UKPC v Davy - words I have included to show up in such a search to highlight this case too.

System

Essential reading for anyone in a "ticketed in own space at home" case.

+1

Problem is mainly the Managing Agents who see themselves as jailers rather than providing a service.

beamerguy

catfunt wrote: »

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

Essential reading for anyone in a "ticketed in own space at home" case.
Hopefully this will show up in a search for UKPC v Davy - words I have included to show up in such a search to highlight this case too.

Bet PCM-UK won't try this again and it's a big warning to companies like UKPC who do the same rubbish.

Back to the drawing board IPC

fisherjim

I know this estate well, these Muppets replaced the retards from UKPC within the last year or so, I bet they wished they hadn't!:rotfl:

nigelbb

The case was won on the grounds that the signs clearly state "‘No Parking At Any Time" thus there is no offer of parking therefore no contract & no breach of contract & no damages or Beavis-style penalty. I have often responded in threads describing similar situations that you cannot enter into a contract to do something that is forbidden & am glad to see that District Judge Glen agrees.

On a similar note if the signs read "Permit Holders Only" then there is also no offer of parking to those without a permit. In either case without being able to sue for a breach of contract the only sanction would be for the landowner to sue for trespass.

daveyjp

Interesting times ahead for the airport 'no stopping' brigade.

Marktheshark

Note documents were dropped on defendants in the waiting room.

I can explain this, a sealed bundle is when evidence is sealed by the colour red, it can be a red bag, a red string tie, a red ribbon, red signifies sealed.

A untied unsealed bundle of documents is an invitation for evidence and a clever brief will take advantage of ignorance and drop addition documents on your unsealed bundle.

Always seal your evidence with red tape or ribbon and open it in front of the judge, leave any dropped documents outside in the waiting room pointing out once in court your evidence bundle was sealed cutting off any chance to "drop it on you"

Watch lawyers arriving for court, they all have sealed bundles nobody drops one on them

Johno100

nigelbb wrote: »

The case was won on the grounds that the signs clearly state "‘No Parking At Any Time" thus there is no offer of parking therefore no contract & no breach of contract & no damages or Beavis-style penalty. I have often responded in threads describing similar situations that you cannot enter into a contract to do something that is forbidden & am glad to see that District Judge Glen agrees.

I don't understand why, post Beavis, this argument hasn't been more widely highlighted on this board in those cases that fit the bill, or is it more complicated than it appears on the face of things?

Marktheshark

I hear from a unnamed source the Beavis decision did not go down very well in the circles and chambers and many are very suspect of the decision if not downright put out on one by it.
"Smells like an old kipper" I heard was the summary.

Coupon-mad

Johno100 wrote: »

I don't understand why, post Beavis, this argument hasn't been more widely highlighted on this board in those cases that fit the bill, or is it more complicated than it appears on the face of things?

I guess we rarely see such a forbidding sign as that one, which offers no contract to anyone at all. I can only think of the no stopping sign allegations used by VCS and also Park Direct in their mobile phone 'look we still act like clampers, sneaking out to 'charge' people doing a U turn, in 30 seconds flat' scam at Uxbridge.

But we can now use these three case numbers when people respond to certain PCNs where they are alleged to be unauthorised and certainly for residents in 'own space' cases. That and UKPC v Davy, as catfunt rightly says.

Just to add, congrats to Bargepole on a real result here.

bargepole

Marktheshark wrote: »

Note documents were dropped on defendants in the waiting room.

I can explain this, a sealed bundle is when evidence is sealed by the colour red, it can be a red bag, a red string tie, a red ribbon, red signifies sealed.

A untied unsealed bundle of documents is an invitation for evidence and a clever brief will take advantage of ignorance and drop addition documents on your unsealed bundle.

Always seal your evidence with red tape or ribbon and open it in front of the judge, leave any dropped documents outside in the waiting room pointing out once in court your evidence bundle was sealed cutting off any chance to "drop it on you"

Watch lawyers arriving for court, they all have sealed bundles nobody drops one on them

You've got the wrong end of the stick here, this wasn't evidence, it was a skeleton argument summarising the main points of the claimant's case.

As long as it doesn't introduce any new arguments which weren't previously submitted, it's quite acceptable and common practice to do this, in fact I've done it myself in previous cases.