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  • FIRST POST
    • Justica
    • By Justica 13th May 19, 12:12 PM
    • 6Posts
    • 30Thanks
    Justica
    Ukcpm gladstoned
    • #1
    • 13th May 19, 12:12 PM
    Ukcpm gladstoned 13th May 19 at 12:12 PM
    Hi,
    Never posted before but read lots and lots.

    Submitted
    1) Concise chronological Witness Statement (mainly relating to communication/non communication from DRP & Gladstoneís)
    2) Concise Skeleton Argument, highlighting relevant points of law and examples where cases dismissed.
    3) Images in support of SA.
    4) Letters and e mails in support of SA.
    5) List of rules regulations breached by Claimant and their Agents. Cost application.

    Unprepared solicitor, experience friendly judge. A few pertinent questions. Case dismissed on signage alone.

    Breakdown of costs with opening paragraph/list of reasons about when costs for unreasonable behaviour may be considered (all of which applied) . Over £700 costs awarded. Result.

    Yes itís stressful and time consuming, but itís a matter of principle. If you have a case in law (and you more than likely will have at least one) go for it. Keep it to facts not emotion and easy for the Judge to see the salient points.

    Special thanks to Coupon mad and Bargepole. You rock.

    FYI
    Have complained to the DVLA re releasing my data without due cause. Awaiting reply.

    Have e mailed Sir Greg Knight re being a member of a trade association that has no checks, takes no action against members who breach Code of Practice and actually seen to encourage such behaviour, should not be given access to DVLA data.

    Seriously considering suing UKCPM for obtaining my data without due cause.

Page 1
    • Half_way
    • By Half_way 13th May 19, 12:29 PM
    • 4,667 Posts
    • 6,704 Thanks
    Half_way
    • #2
    • 13th May 19, 12:29 PM
    • #2
    • 13th May 19, 12:29 PM
    who's car park was it?
    who was allowing the parking to operate on that land?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Justica
    • By Justica 13th May 19, 12:33 PM
    • 6 Posts
    • 30 Thanks
    Justica
    • #3
    • 13th May 19, 12:33 PM
    • #3
    • 13th May 19, 12:33 PM
    Industrial Estate
    Security firm using UKCPM online self ticketing.
    • Half_way
    • By Half_way 13th May 19, 12:41 PM
    • 4,667 Posts
    • 6,704 Thanks
    Half_way
    • #4
    • 13th May 19, 12:41 PM
    • #4
    • 13th May 19, 12:41 PM
    who's car park was it?
    who was allowing the parking to operate on that land?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • beamerguy
    • By beamerguy 13th May 19, 12:44 PM
    • 11,251 Posts
    • 15,178 Thanks
    beamerguy
    • #5
    • 13th May 19, 12:44 PM
    • #5
    • 13th May 19, 12:44 PM
    Justica ... WELL DONE

    THE INCOMPETENT GLADSTONES screw it up again
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Half_way
    • By Half_way 13th May 19, 12:50 PM
    • 4,667 Posts
    • 6,704 Thanks
    Half_way
    • #6
    • 13th May 19, 12:50 PM
    • #6
    • 13th May 19, 12:50 PM
    let's see if they cough up the £700.
    the reason for asking about the car park owner, is that in most cases they will be the principal, and the parking company their agents.
    this means that the principal is jointly liable for the actions of its agents.
    depending upon who the cat park owner is there could be some millage there, as most PPCs sell them selves to land owners as being zero risk.
    A big corporate body should have systems in place to ensure that there contractors are all above board.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Coupon-mad
    • By Coupon-mad 13th May 19, 12:51 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    • #7
    • 13th May 19, 12:51 PM
    • #7
    • 13th May 19, 12:51 PM
    Breakdown of costs with opening paragraph/list of reasons about when costs for unreasonable behaviour may be considered (all of which applied) . Over £700 costs awarded. Result.
    Fantastic!

    ANOTHER ONE BITES THE DUST!

    Can you show that opening paragraph here so we can signpost people to it, I am fed up telling people to argue about unreasonableness and them then not managing it!

    Which court & Judge?

    Which car park, and was it held that the signs were incapable of a contract?

    Was this a set aside then (you said 'SA') and they contested it & the whole claim was struck out at a set aside hearing, plus your £255 ordered back and other costs too?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • BrownTrout
    • By BrownTrout 13th May 19, 12:56 PM
    • 269 Posts
    • 302 Thanks
    BrownTrout
    • #8
    • 13th May 19, 12:56 PM
    • #8
    • 13th May 19, 12:56 PM
    Its certainly worth issuing a claim against them !
    Will cost you very little
    • Justica
    • By Justica 13th May 19, 2:04 PM
    • 6 Posts
    • 30 Thanks
    Justica
    • #9
    • 13th May 19, 2:04 PM
    Unreasonable behaviour/Costs
    • #9
    • 13th May 19, 2:04 PM
    Given that the special costs rules of the small claims track are arguably its raison díÍtre, the Defendant can understand why the Court may be reluctant to order costs for unreasonable behaviour, but I believe that there are a number of features that when present together might mean that such an order is attainable.

    Those being:
    1a) A consistent failure to respond to correspondence.
    1b) The failure to supply information that has been requested or give reason for not doing so.
    1c) A failure to properly set out a case in respect of liability pre-litigation.
    1d) An unwillingness to discuss the case and narrow issue.
    1e) A claim that is unreasonably made and without merit.
    1f) Dishonesty (fabricating evidence)
    1g) A failure to follow the standard Small Claims track directions (See Conduct Annex)

    Any denial of bad practice and unreasonable behaviour by the Claimant is just that, not fact as I have evidenced to the court. Based on the above the Defendant will be seeking their costs (CPR Rule 27.14(2g) on an indemnity basis due to the unreasonable and vexatious stance of a UK CPM Ltd. Please see below a breakdown of costs.
    • Coupon-mad
    • By Coupon-mad 13th May 19, 2:11 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    Thanks for that we will point people to that as a shining example of unreasonableness costs.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Justica
    • By Justica 13th May 19, 2:19 PM
    • 6 Posts
    • 30 Thanks
    Justica
    Which court & Judge?
    Worcester - Parry

    Which car park, and was it held that the signs were incapable of a contract?
    Signs not fixed, A board sign placed next to vehicle once parked for purposes of a photograph.
    Not now applicable. New fixed/entry and repeater signs installed since Jan 2019.

    Was this a set aside then (you said 'SA') and they contested it & the whole claim was struck out at a set aside hearing, plus your £255 ordered back and other costs too?

    Acronyms? SA Skeleton Argument. Case heard and dismissed. Costs for unreasonable behaviour.
    • Justica
    • By Justica 13th May 19, 2:25 PM
    • 6 Posts
    • 30 Thanks
    Justica
    Self ticketing
    See UKCPM website re online self ticketing.
    Will cross that bridge when I come to it.
    • The Deep
    • By The Deep 13th May 19, 3:19 PM
    • 13,115 Posts
    • 13,447 Thanks
    The Deep
    I doff my bicorn to you Sir/Madam. Would that others would have the cojones to ask for unreasonable behaviour costs, we encounter so much of it, and judges let it pass.
    You never know how far you can go until you go too far.
    • Justica
    • By Justica 17th May 19, 3:27 PM
    • 6 Posts
    • 30 Thanks
    Justica
    FYI Half-way Paid in full.
    • BrownTrout
    • By BrownTrout 17th May 19, 3:40 PM
    • 269 Posts
    • 302 Thanks
    BrownTrout
    Get it banked (or via your smartphone these days !)
    • beamerguy
    • By beamerguy 17th May 19, 6:00 PM
    • 11,251 Posts
    • 15,178 Thanks
    beamerguy
    FYI Half-way Paid in full.
    Originally posted by Justica
    It amazes me that these two infamous muppets still have their love affair ..... they both need physiatric help
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 17th May 19, 6:36 PM
    • 72,324 Posts
    • 84,631 Thanks
    Coupon-mad
    Breakdown of costs with opening paragraph/list of reasons about when costs for unreasonable behaviour may be considered (all of which applied).

    Over £700 costs awarded. Result.

    Paid in full.
    Originally posted by Justica


    Just repeating what was granted in costs against a PPC, in case people missed it!
    Last edited by Coupon-mad; 18-05-2019 at 6:20 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Umkomaas
    • By Umkomaas 17th May 19, 7:55 PM
    • 23,429 Posts
    • 37,356 Thanks
    Umkomaas
    I guess they will feel that Gladstones have really served them well, especially when they receive their invoice for ‘professional fees and disbursements’!

    Still, nothing that one extra PCN, added to each parking chimp’s KPI for the week, won’t sort out.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
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