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

[paul1909uk]

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

Perfect, and two quick last things - we haven't denied that the defendant was the owner and the driver (although I'm not sure that we've admitted she was the driver either), so does the paragraph relating to that need editing or removing too?

And does this get emailed or posted to the court, and also do Gladstones need to see a copy?

[mystery1]

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

Depending on the facts, of which i don't really know, we respond accordingly. I'd expect that the defendant is/was the RK so i'd look to admit that. If definitely not the driver then i'd deny it. If maybe not the driver i'd simply put them to strict proof. To be honest it'll probably boil down to whether there was a contract between the driver and PCM as it's usually not the case that the driver/rk matters to a judge.

Send to the court. Email is usually fine. Phone them and get the address and instructions. Gladstones will get a copy from the court.

M1

[paul1909uk]

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

OK. You're a star. Thank you. I'll get this all sent off asap.

[paul1909uk]

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

Back again! So this is the case that just keeps on giving! This morning we received a Notice of Allocation to the Small Claims Track (Hearing) and an Order, stating that the case will be going to court on 27 Jan next year.

What do we do next? I wasn't expecting it to get this far to be honest.

I know there is still a chance (albeit a slim one, and seeming getting slimmer) that PCM/Gladstones may decide it's not worth the costs and further hassle, but I guess we are now having to prepare for court.

I'm going to be away from tomorrow until next Wednesday, so won't be picking back up on this again until then.

[mystery1]

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

Firstly, identify when you need to get your exhibits and/or witness statement to the court and claimant. Usually at leat 14 days prior. Then gather up all the pictures and other exhibits, if any.

M1

[paul1909uk]

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

Ok thanks. I'll have to start this next week but pretty much all of the photos we have will be from the last 6 months as we didn't take any when it first happened. They have photos from the day it happened on their website so at least it would show that signage was moved and added to I suppose. What other type of thing should we be gathering?

[Davew2811]

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

Ok thanks. I'll have to start this next week but pretty much all of the photos we have will be from the last 6 months as we didn't take any when it first happened. They have photos from the day it happened on their website so at least it would show that signage was moved and added to I suppose. What other type of thing should we be gathering?

Paul, I have lots of photos from the site showing that the signs they claim were prominently place have in fact been moved and also pics from the site showing some of the signs were in fact hidden behind trees !

Can you post their evidence pics on here? If you can, I found a couple of things in mine that showed they had even contradicted their own evidence!

[paul1909uk]

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

OK. Back looking at this again. We need to submit everything 14 days before the case, which is 27th Jan I think.

I can go and grab the photos from the PCM UK website, which will show that the signage back then wasn't the same as it is now, showing that they clearly updated and added to their original signage. Dave has photos too from that time - are we able to use these too?

What else should we be looking at pulling together for this case?

Paul

[mystery1]

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

Dave has photos too from that time - are we able to use these too?

Yes.

My suggestion is to read the defence. It should be apparent what is needed as well as committing it more to your memory for the day you need it. Also a witness statement.

Gather everything in to a trial bundle http://www.johnantell.co.uk/how-to-c...t-trial-bundle

M1

[Davew2811]

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

Paul, If you can supply me with a contact email, I can forward what I have.

I haven't seen the PCN images of your car in situ but if you can send those too, I might be able to point out some issues which I had identified in the ones in my case.

[paul1909uk]

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

Thanks M1. Should I have received a copy of the defence already, or is it something I will get before the hearing date?

- - - Updated - - -

Thanks Dave. I'll PM you here later, and will dig out some of the photos of the car in situ.

[mystery1]

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

Thanks M1. Should I have received a copy of the defence already, or is it something I will get before the hearing date?

I wrote a 2nd updated defence for you which i think you sent. This was in response to the update particulars which they sent to you.

You should get their evidence including witness statement pretrial. They have the same deadline to send to you as you do to send your evidence to them.

M1

[paul1909uk]

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

Ah, sorry, having one of those days!

Do you mean this document? (edited out the personal details)

[paul1909uk]

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

Hi Dave, these are the photos from the PCM website. I have just noticed that the wording on them is actually slightly different to the wording they have on the one they put in their detailed claim. Not to mention the obvious lack of red lines on the road in the photos which are there now, and the photos taken at clever angles to make it look like they are easy to see from the car. Doesn't show that some of them are over six feet in the air and the size of an A3 page!!

What's the best way to give you my email address on here?

[mystery1]

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

PM is easiest.

As for the bad angles, that's what your evidence needs to show.

M1