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Gloucester Whittle Square PCM/Gladstone (UPDATE 14/04/2021 Won in Court)

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Comments

  • rajon
    rajon Posts: 33 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Umkomaas said:
    Umkomaas said:
    It possibly makes it out of date. Whether it makes it void is a question to make in your WS to get the Judge's view. PCM UK Ltd left the BPA years ago. I'm on my mobile now but I look later once home to give you the approx date. 
    Joined the IPC on 1 April 2014, one of the first to abandon the BPA ship. 

    thank you i will bring this point up in my WS.
  • rajon
    rajon Posts: 33 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 23 February 2021 at 2:53PM
    https://www.dropbox.com/s/d1b69suaiqi8ctw/gladstones_ws_redacted_copy.pdf?dl=0 i have attached a drop box link with a scanned and redacted copy of Gladstone's/PCM ltd WS
  • Jenni_D
    Jenni_D Posts: 5,473 Forumite
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    Redacted ... I can't check at the moment but what have YOU redacted? (Hopefully you've only redacted anything that identifies YOU. If you've redacted any of THEIR details then please try again).
    Jenni x
  • rajon
    rajon Posts: 33 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 23 February 2021 at 3:15PM
    Jenni_D said:
    Redacted ... I can't check at the moment but what have YOU redacted? (Hopefully you've only redacted anything that identifies YOU. If you've redacted any of THEIR details then please try again).
    claim number, my name, my number plate, date of incident. my address.
  • Fruitcake
    Fruitcake Posts: 59,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 February 2021 at 3:24PM
    The redactions look okay to me at a quick glance, but the date of alleged event may be useful depending on whether or not the driver's identity has been revealed, and the NTK was not PoFA compliant.
    Personally I see no advantage in redacting the date of the alleged event, but it may not matter either way.

    The alleged contract is a pile of pants, so I'll go into more detail once I have had a nose around Companies House.
    What I can say is that the contract is not with the landowner nor has it been signed in accordance with the strict requirements of Section 43 and/or Section 44 of the Companies Act 2006.

    Once again we have a statement of truth saying "The Claimant believes" whereas in fact the legal signing the WS should state "I believe ..."
    The claimant is a company so is not capable of believing anything. This should be mentioned in the WS and brought to the attention of the judge as a preliminary matter before the hearing itself begins.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • rajon
    rajon Posts: 33 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    rajon said:
    https://www.dropbox.com/s/d1b69suaiqi8ctw/gladstones_ws_redacted_copy.pdf?dl=0 i have attached a drop box link with a scanned and redacted copy of Gladstone's/PCM ltd WS
    I have taken a recent photo of the site entrance and the signage which they show in their WS is completely faded now. So they effectively have no signage on the entrance of their private land.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Fab photo to include. How close is this date to the material date? 
  • rajon
    rajon Posts: 33 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Fruitcake said:
    The redactions look okay to me at a quick glance, but the date of alleged event may be useful depending on whether or not the driver's identity has been revealed, and the NTK was not PoFA compliant.
    Personally I see no advantage in redacting the date of the alleged event, but it may not matter either way.

    The alleged contract is a pile of pants, so I'll go into more detail once I have had a nose around Companies House.
    What I can say is that the contract is not with the landowner nor has it been signed in accordance with the strict requirements of Section 43 and/or Section 44 of the Companies Act 2006.

    Once again we have a statement of truth saying "The Claimant believes" whereas in fact the legal signing the WS should state "I believe ..."
    The claimant is a company so is not capable of believing anything. This should be mentioned in the WS and brought to the attention of the judge as a preliminary matter before the hearing itself begins.
    In my defence I have stated I was the driver on the day of the offence. I assumed in my defence to the court i had to state whether i was the driver at the time or not. I can upload another version showing the date. What makes the NTK non PoFa compliant?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Irrelevant if you have saidf who the driver was. Ignore anything to do with POFA
  • Fruitcake
    Fruitcake Posts: 59,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you admitted being the driver then whether or not the NTK was PoFA compliant is irrelevant. The only reason for telling us the date would be if was after the date the scammers joined the IPC because the alleged contract only mentions the BPA AoS.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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