PCM invoice at High Point Village

Umkomaas

Para 12 - In the well known (not "now infamous") parking case

The implied 'belittling' of The Supreme Court judgment (the highest court in the land, and by whose judgment every Judge in the country is governed) will gain you no favours from your Judge.

Why are you seemingly dismissing that judgment in your submission?

whaqqer

Thanks Redx, I'll post a scan of the court document tomorrow morning as I've left it in my office. The court document is very confusing in that it gives the date and not much else. It explains what happens if the claimant doesn't pay the court fee which was why I called the court to ensure that it had been paid.



Thanks 1505 too

KeithP

whaqqer wrote: »

The documents from the court don't state it but on the forum everyone says the WS pack must be submitted no later than 14 days prior to the case, is this correct? And if so, if my case is on wednesday 18th, do I have to have them submitted by close of business on Tuesday 3rd or Wednesday 4th?

Check again the Notice of Allocation that gave you the hearing date.
Did it not say something like...

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

whaqqer

Thanks KeithP, I genuinely don't recall seeing that but I don't have it in front of me at the moment so will certainly check it the first thing tomorrow when I get to my office. It told me the date that the claimant had to pay the court fee by but no other date! I will post the screenshot of it tomorrow for advice.

Redx

I am positive it will have those details on it as KeithP correctly pointed out

too many people skim read it and probably dont check the back of it, or carefully read it, focussing more on the court date and not the paragraph stated by KeithP above , even worse when they are stating something about a document that they left in the office , lol

the DOH exclamation will no doubt be a slap on the head tomorrow morning when its read em and weep time

whaqqer

I really hope it is a DOH moment tomorrow, just like the DOH moment when I got home tonight and realised that half the paperwork I needed is still on my desk!

Coupon-mad

in the case of Jopson v Homeguard Services Limited, Judge Harris stated the following:

You need to state that this was an appeal case and so it is persuasive to cases of similar facts where a car was stopped briefly and not actually parked and left. Otherwise the Judge might dismiss Jopson as just another county court case like your one - but it was in fact at the next level up.

You also need to include the transcript a one of your exhibits (it's in the Parking Prankster's case law pages).

I would also be using PCM v Bull (also from the PP's case law pages) which I see you did adduce in your defence a year ago but you've overlooked it as evidence:

9. The Defendant would also cite Parking Control Management (Uk) Ltd v Christopher Bull (21/4/2016) in which the court ruled against the claimant in a similar circumstance where the Defendant was accused of parking in a restricted area.

The point is, PCM's signs that say 'no parking/stopping' make no offer of parking, therefore no consideration flows between the driver and PCM, and without consideration (something of value on offer) there can be no contract.

So you need to say that, and adduce the Bull transcript as well.

Read them both first so you get what they are about and see the Judges' view in each.

whaqqer

https://www.dropbox.com/s/gnhpcemykta5j19/IMG_4080.jpg?dl=0


https://www.dropbox.com/s/nckct8wo14jhoo5/IMG_4081.JPG?dl=0


Good morning,


I've attached scans of the documents received from the courts but they appear to be more aimed at the claimants responsibilities rather than the defendants (and I still can't see the date submissions are required by!!)

nosferatu1001

I dont follow drop box links

Is it an Order giving a date for a hearing? If so it WILL tell you the date to serve and file docs.

whaqqer

Thanks Nos, but it genuinely doesn't (or if it does then I really need my eyes testing!!). Is there any way that I can upload the image to the forum?