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At Court Hearing stage with Gladstones and PCM
Comments
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You must attend! They will have paid the fee if they sent this, I suspect. They rely on the fact people still manage to lose even if the Claimant doesn't attend.
Do not miss the chance to tear into their evidence and the WS from a person who has never set foot in the car park and has used a template that is not a real WS.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
You last mentioned a Witness Statement on 17 April, and at that time it was incomplete.
Have you now filed your Witness Statement?
Have you sent a copy to Gladstones?0 -
IamEmanresu wrote: »Some of Academy Way is highway and some is not, so you should check that the area the car was parked was private - rather than just accepting it. The sign is not clear. The "penal" element is buried in the small print, dense text and unnecessary wording. It does not meet the standards for clarity set by Beavis or Denning's Red Hand Rule.
Normal PCM crap so it should be a doddle.
L&Q tell me that the roads haven't been adopted by the highways as yet - will be soon.0 -
Coupon-mad wrote: »You must attend! They will have paid the fee if they sent this, I suspect. They rely on the fact people still manage to lose even if the Claimant doesn't attend.
Do not miss the chance to tear into their evidence and the WS from a person who has never set foot in the car park and has used a template that is not a real WS.
Definitely will attend.0 -
You last mentioned a Witness Statement on 17 April, and at that time it was incomplete.
Have you now filed your Witness Statement?
Have you sent a copy to Gladstones?
WS delivered to the court by hand. Court counter took it in, stamped it with the date, updated the records etc while I was there.
Sent a copy to Gladstones by post with Proof of Postage.
Will post it here later tonight if I can.0 -
Hi All, I need to understand if the sign is forbidding.
Sign is here https://www.dropbox.com/s/48du5wu0ydx2940/IMG_3827.JPG?dl=0
The first section of the sign is saying that the parking is permitted for vehicles displaying a valid permit and within the confines of the bays.
the second part says "By parking or remaining at this site otherwise than in accordance with the above, you the driver, are agreeing to the following contractual terms:"
I need to understand if/how the wording makes it a forbidding contract. I understand any such contract, if it existed, would have to have been with the driver and not the keeper, but would be good to understand the forbidding argument more clearly.0 -
A contract requireds an offer of some goods or servcice
Parking is permitted for.... means anyone who is NOT one of the "for" is NOT permitted to park. it is the only possible construction to come up with
If I forbid you from doing something, I have by definition NOT offered you something. Therefore there cannot be a contract.
Its basics of contract law. Offer, acceptance, conideration.0 -
nosferatu1001 wrote: »A contract requireds an offer of some goods or servcice
Parking is permitted for.... means anyone who is NOT one of the "for" is NOT permitted to park. it is the only possible construction to come up with
If I forbid you from doing something, I have by definition NOT offered you something. Therefore there cannot be a contract.
Its basics of contract law. Offer, acceptance, conideration.
Thanks nosferatu10010 -
I won! :T
Thank you to everyone that contributed.
Case was struck out as the claimant hadn't paid the hearing fees which the court order stated had to be paid by the 3rd of April. So we didn't go into the details of the arguments.
The judge awarded, to me, half days loss of earnings (I had put in for a full day) and my train ticket costs. He asked about the costs claimed under CPR 27.14(2)g and why I though the claimant was being unreasonable, so I took him through my WS at a high level and pointed out why I thought they behaved unreasonably and he agreed.
He awarded the 11 hours @19 per hour in total that I had put into the costs schedule for the prep of the Defense and WS. This he agreed was a reasonable effort for the detailed defense and WS I had submitted.
So now to wait for Gladstones/PCM to pay up. Need to look up the process from here on (if they dont pay etc).
Finally, cant thank enough Coupon-Mad, IamEmanresu, nosferatu1001 and others who have contributed to this defense. Thank you.0 -
Haha, so they have to cough up well over £200!The judge awarded, to me, half days loss of earnings (I had put in for a full day) and my train ticket costs. He asked about the costs claimed under CPR 27.14(2)g and why I though the claimant was being unreasonable, so I took him through my WS at a high level and pointed out why I thought they behaved unreasonably and he agreed.
He awarded the 11 hours @19 per hour in total that I had put into the costs schedule for the prep of the Defense and WS. This he agreed was a reasonable effort for the detailed defense and WS I had submitted.
A great example of you being able to claim costs for unreasonableness!
Well done! Which court and Judge?
:T :TPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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