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Heath Parade NW9 - County Claim from Gladstones (PCM) thrown all correpsondence!

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245

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  • Timothea
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    Following a complaint to the Planning Department at the London Borough of Barnet regarding the signage at 5 Heath Parade, NW9, I received the following reply today:
    I conducted a site visit on ## January. I established that the advertisements due to their size and nature benefit from deemed consent granted under the Town and Planning (Control of Advertisements) Regulations 2007. This means that the advertisement signs do not require planning permission.

    [FONT=&quot]Following full investigation, I therefore can advise that it has been decided that no further action will be taken in this instance, and the enforcement case is to be closed.[/FONT]
    I have asked for clarification as to the exact reasons.
  • Kind_Of_Irritated
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    Hard luck. I have heard that my local authority does not press for this planning permission either even when it seems they should have. Haven't personally checked with them though.
  • Timothea
    Timothea Posts: 177 Forumite
    First Anniversary Combo Breaker
    edited 16 February 2017 at 8:09PM
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    Timothea wrote: »
    I have asked for clarification as to the exact reasons.
    I have now received the following reply.
    Deemed consent is granted to advertisements that:
    1. are in relation to the land or building on which they are displayed;
    2. do not exceed 0.3 square metres in area;
    3. are not located higher than 4.6 metres above ground level; and
    4. are not illuminated.
    Of course, private parking signage that fits all the required information on a sign less than 0.3 square metres in area is almost certainly illegible and not obvious to drivers.
  • twhitehousescat
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    London Borough of Barnet have stated that the signage does not comply with the IPC COP , nice one

    perhaps you should send that report to gladstones , and ask them to do another site visit (another?)
  • tati
    tati Posts: 56 Forumite
    edited 17 February 2017 at 3:00PM
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    Thank you for your replies, people!

    I don't know if I have time now to include this information as I have three days to respond to a 'Notice of proposed allocation to the small claims track'

    I must complete by 20th February Small Claims Directions Questionnaire (Form N180) - I am unsure what should I reply.
    If I understand correctly I am being asked if I agree to settlement/mediation and if I agree for small claims track. The the questions are as follow:

    Do you agree that the small claims tracks is the appropriate track for this case: YES or NO

    If NO, say why and state the track to which you believe it should be allocated.

    Do you agree to this case being referred to the small claims mediation service?
    YES or NO?


    Just to let you all know, I have also filed a counterclaim of £250 for [FONT=&quot]compensation for pursuing a purported parking charge when there is no reasonable prospect of success and hence for wrongly obtaining my details from DVLA.[/FONT][FONT=&quot]
    [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]In their email to us, Gladstones have informed us, that they have submitted special direction: that th[FONT=&quot]e claim [/FONT]is dealt on papers alone; and they have opted not to mediate, they agreed for case to be allocated to the small claims track.
    [/FONT]
    Another question hence arises: how do I reply that I dont the claim to be dealt on papers alone?? I have only received Small Claims Directions Questionnaire N180.
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]I would really greatly appreciate any advice on how to answer these questions and what to agree to!![/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Thank you !!
    [/FONT]
  • Half_way
    Half_way Posts: 7,054 Forumite
    First Anniversary Name Dropper First Post
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    Refuse the to be held on paperwork/papers it will put you at a major disadvantage
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • tati
    tati Posts: 56 Forumite
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    Thank you, I will respond that I don't want the case be dealt on papers - if I receive the form!!

    The form I have received N180 (Directions Questionnaire) asks only if I want mediation assistance and whether I agree the small claims is the appropriate track - what should I reply, please help!!
  • Coupon-mad
    Coupon-mad Posts: 131,823 Forumite
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    tati wrote: »
    Thank you, I will respond that I don't want the case be dealt on papers - if I receive the form!!

    The form I have received N180 (Directions Questionnaire) asks only if I want mediation assistance and whether I agree the small claims is the appropriate track - what should I reply, please help!!

    This is already covered in the NEWBIES thread, it's why bargepole wrote his guide to court procedures explaining every box to tick at every stage of all paperwork. And that's why I linked it under 'Small Claim?' there.

    TBH this little old DQ form is minor compared to the next stages where you must complete a Witness Statement and file your evidence, so you really do need to read what's linked under 'Small Claim?' in the NEWBIES thread. All answered already.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tati
    tati Posts: 56 Forumite
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    Thank you coupon-mad for reminding me about this thread. I really have read the thread before completing my defence but it slipped my mind what's in the there exactly.

    I read it now - perfect! Very useful information in there, even regarding the special directions from Gladstones.

    I will be putting in the extra note in D1 box, however, a week ago I received a letter that due to courts own motion the case was transferred to CC Clarkenwell and shoreditch.
    Originally it states: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s HOME COURT, pursuant to CPR 26.2A.
    As the case was transferred to Clarkenwell and Shoredith (not my home court) can I request it at home court nevertheless?


    Thank you all ever so much in advance!
  • tati
    tati Posts: 56 Forumite
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    Coupon-mad, a quick question:

    If I want to represent my partner at a hearing do I have to sign the forms for him or declare myself as a representative?

    Thank you!!
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