PCM claim form, Ticketed in my own space!

Le_Kirk

Good luck! Come back and tell us the outcome.

jw505

in the court waiting room now. PCM and Gladstones no show so far. is this good sign or bad?
allocated time is 10:00, still waiting...

Coupon-mad

How did it go, please come back and tell us, good or bad.

Le_Kirk

Coupon-mad wrote: »

How did it go, please come back and tell us, good or bad.

It must have been good, they are still in the pub celebrating!

jw505

sorry for the late update, I have been quite busy with work these days and didn't get a chance to update my experience in court.

One line summary - I won the case!

I arrived at 10:00 for the hearing but Gladstones/PCM didn't show up. About 11:00 I was called in to the chamber and met the judge. Gladstones filed to the court as no appearance (or some legal term) so the judge only looked at their witness statement for during the hearing.

The whole hearing lasted about 45-60 minutes. Firstly he explained to me about Gladstones won't be present in the hearing then asked briefly about the case and my experience (what does the permit look like, how big is it, where is it at the event), I answered those questions then said based on 3 points I hope the claim is dismissed. 1. I right to ticket and primacy of contract, 2. the permit was in the car and PCM failed to demonstrate all angles. 3. no damage or loss

On the first point the judge straightly said he would rule agreeing on PCM side on the contract and right to ticket because I have been displaying permit since I moved in and that means I have agreed to the signs and also he thinks it's good to protect the residents' right. I said although I don't agree with the ruling as I don't have obligation and only displayed due to courtesy, I understand I can't argue with you the judge since you have decided on this point.

Then I raised the 2nd point - the permit was in fact in the car (displaying in the windscreen technically). Just that the attendant didn't take a good look. We looked at the photos and I said the photo was taken at a very low angle to avoid the seat position, where the permit is slipped onto. After some 10mins discussion, the judge said he can't believe the slipping was done by the attendant on purpose, but he does think that the photos are not fully representative and PCM is only trying to make profit for not replying to me or cancelling the ticket after I try to communicate and prove I am a resident.

Based on this he dismissed the claim and asked me if I have anything else to say. Only until that point I feel relieved..... I then handed in my cost schedule. He corrected the cost of loss of earning to £95/day instead of £19x8=£152 as it's standard, and killed the other cost like research time and printing etc. Therefore the total cost PCM is paying me is 95+9.99(mileage)+5.8(parking)=110.79. This should be paid by the end of the month. I didn't try to fight for more as I'm already very tired at that point.

Overall I felt very happy about the outcome but at one point during the hearing I thought I would lose for sure (after judge ruled against me on the first point). I would question why his ruling was like that and if there's different options/outcomes just because different judges. Now I think back on the lengthy process, I would sincerely THANK all the people who helped me on MSE! Without you guys I can't have done that!!! I hope one day these companies can be fined heavily or put out of business for trying to bully people.

Coupon-mad

That's the problem with people being effectively 'forced' to accept permit schemes and not told there is any opt-out option, then they are later judged for not opting out and are said to have 'accepted' the contractual terms. You can't enter into a contract and be bound by it, and judged for not rejecting something foisted upon you that you had no opportunity to reject!

That's all wrong, but what is more wrong is ex-clamper (watchdog outed) rogue trader gits like PCM infesting people's home car parks, at all. You don't need them.

Anyway WELL DONE - so happy you won! I was worried when you went silent.

And you got costs too.

Another one bites the dust! :T

jw505

Coupon-mad wrote: »

That's the problem with people being effectively 'forced' to accept permit schemes and not told there is any opt-out option, then they are later judged for not opting out and are said to have 'accepted' the contractual terms. You can't enter into a contract and be bound by it, and judged for not rejecting something foisted upon you that you had no opportunity to reject!

That's all wrong, but what is more wrong is ex-clamper (watchdog outed) rogue trader gits like PCM infesting people's home car parks at all.

Anyway WELL DONE - so happy you won! I was worried when you went silent.

And you got costs too.

Another one bites the dust! :T

exactly what you said. the judge questioned if I'm not agreeing their rules, why didn't I bring to the management company or PCM before. I said I tried (e.g. asking them to keep a list of plate numbers) but didn't get any reply from people and I don't want to waste all my time to fight that. he said he understands that but no other comments.. I felt very disappointed about his thinking at that moment.

[Deleted User]

https://youtu.be/rY0WxgSXdEE