Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP! - won

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Just realised I posted this to another connected thread rather than just mine! So here it is on mine...

OK. So after a few weeks of nothing, we received a letter from Brentford Court this morning informing the claimant that they have until 31 October to a 'fully particularised amended Particulars of Claim' and we have until 14 November to 'if so advised, file and serve on an amended fully Particularised Defence'

What do I do now please?

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Wait and see if they comply.

M1

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

OK M1, thanks.

Out of interest, what have the court actually asked for in that letter?

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

They have asked that they comply with the rules and state their case in a manner that makes sense.

Their case is a bit like walking out of the door with a football scarf on and saying cheerio then expecting everyone to know where you are going instead of saying i'm off to the park to watch the football and everyone actually knowing instead of guessing which is against the rules.

M1

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Me again. They've replied with a more detailed claim. Should I post it here so you can view it too?

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

:okay:

M1

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

OK. I'll edit the personal details out when I get home and post the PDF then.

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Redacted PDF attached.

- - - Updated - - -

OK. I'll edit the personal details out when I get home and post the PDF then.

Redacted copy of their detailed claim above (I was having all sorts of fun and games trying to upload). I've also got some copies of the photos they took at the time, none of which I think are proof that the signage is there and immediately obvious, and certainly show that the signage has been updated and more added since the 'offence' as have red lines!

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

I'll get back to you soon.

M1

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Hi M1, I appreciate you are a busy person, but have you had a chance to look at what Gladstones sent? I know we don't need to respond until 14th but I don't want to be worrying about this until the final minute.

thanks

Paul

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

paul1909uk2def.rtf

Edit to suit, especially the RK/driver one as i'm unsure on if there is a difference.

M1

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Hi M1, thanks for this - it's brilliant (from what I understand of it!)

One small point on paragraph 5:

"5. Paragraphs 3 & 4 are denied. It is explained that the Supreme court in parkingeye v beavis 2015 uksc 67 (“Beavis”) it was agreed by the parties that in that case there was a contract between the 2 parties. Beavis also establishes that signs in that case were “large, prominent and legible”. In this case this was not so. There are multiple operators and neither provided clear indications of which areas belong to which company. The signage and markings have since been updated to make them clearer"

There is only one parking operator, but with multiple different signage. Is that what you mean by the bit in red, or should I amend it to say signage not operator?

Thanks

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Sorry i thought it was http://www.yourlocalguardian.co.uk/n...s/?ref=mr&lp=7 but it appears not.

However you do say Sainsburys and they use Horizon rather than PCM so perhaps you could clarify ?

M1

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Sorry for the confusion - this is a complex called Great West Quarter in Brentford. There is a Sainsbury local, a dry cleaners, an estate agent and a gym all used by the general public, as well as Cybertots nursery and a local school, just inside the entrance to the complex. There is also a barrier restricting entrance other than for residents or buses.

By Sainsbury's, there are four parking bays, all with a park here for 20 mins (I think that's the time allowed) or be fined if you stay longer signage. Outside the estate agent and nursery, there are three parking bays, which have the Cybertots only signage. At the time, this signage wasn't clearly visible from the 'Cybertots' parking bays (as shown in the photos PCM have on their website as evidence), and there is now much more signage plus double red lines. All the parking is managed by PCM.

I've attached a rough guide to the layout to try and explain better. As you will see in the PDF, there weren't even marked bays initially, as shown by the differing angles of the cars parked in the timed waiting area at the top of the photo.

Hope that helps

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Delete everything after so :okay:

It's only a minor alteration but the main point that the signage is pish still stands

M1