Gladstone - Claim Form Received

everest95

Hi, may I get help in justifying how the following is a forbidding sign :
http://i67.tinypic.com/1zvx6c7.jpg

System

Regard the sign as a time plate. During times of operation, parking is offered. Outside of that there is no parking being offered and visitors are trespassers. Claims for trespass can only be actioned by the occupier and not PCM (Use the Bull case)

everest95

Excellent, thanks IamEmanresu !

beamerguy

everest95 wrote: »

Excellent, thanks IamEmanresu !

IamEmanresu as usual has found the flaw

Interesting sign ...

"This parking area is for XXX customers whilst
on the premises and during store opening times only"
THAT COVERS THE £100

That's the deal and as they continue by saying ...
"Drivers who leave their vehicles at any other time etc etc"
"will be subject to enforcement action" ..... no information
on what enforcement would be ??

Ambiguous signage

Those parking outside of store opening times would be
subject to the landowner and trespass

everest95

We have now received the following from Gladstones -

"In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing.

Please note, our Client is unable to attend the above mentioned hearing and we have kindly requested that their attendance be excused and the hearing conducted in their absence pursuant to CPR 27.9."

azz007

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

Coupon-mad

everest95 wrote: »

We have now received the following from Gladstones -

"In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing.

Please note, our Client is unable to attend the above mentioned hearing and we have kindly requested that their attendance be excused and the hearing conducted in their absence pursuant to CPR 27.9."

Happens a lot.

Surely you've seen that on other Gladstones threads. You must still attend.

everest95

Just to update - we lost

Nobody turned up from Galdstones but it didn't matter, the judge was sympathetic to them - said the amount involved didn't make it reasonable for them to send a representative anyway. When all was said and done, parking signs were there and it was ignored, so claimant wins.

I invested / wasted too much time on this issue and has been a very stressful situation lasting several months - I want to forget this matter altogether - so I have already paid the amount (probably should have waited for letter from the court regarding the judgement but wasn't sure if such a letter is sent and if the payment deadline counts from the hearing day).

Le_Kirk

Bad luck on losing. I am sure you have a receipt for the payment - just be certain to keep it.

nosferatu1001

INdeed, make sure you have a receipt,a nd send a ciopy to the court. Must be within one month to ensure the CCJ is removed.