Court Claim PCM

[charitynjw]

Re: Court Claim PCM

Although you (& the other party) can state a preferred venue, the final decision is at the court's discretion.

But it is certainly worth contacting them; mistakes can be made.

[Dellniv]

Re: Court Claim PCM

Hi Guys,

Thought I'd provide an update.

The court we attended last week has taken the claim to trial. I was quite shocked as the Judged seemed to be in favor of PCM.. Did not take into consideration that I was not the driver of the vehicle and did not even take into consideration any of the points and previous cases I have raised and said the £100 was a reasonable amount per ticket to charge too which I found ridiculous.

Next step is trial, not sure what will happen here after the above experience..

Any help/advice would be appreciated.

Thanks,
Dellniv

[charitynjw]

Re: Court Claim PCM

What was last week's hearing for?

[Dellniv]

Re: Court Claim PCM

What was last week's hearing for?

To hear both arguments and see if it the claim should go to trial. Judge ruled it to go to trial.

[charitynjw]

Re: Court Claim PCM

It is unusual to hold a preliminary hearing for relatively straighforward cases such as this.
Did either of you make an application?
Could you tell us what happened in there in more detail?

[Dellniv]

Re: Court Claim PCM

I am quite sure I did not but the amount being claimed is just over £1k? Maybe this is why?

[charitynjw]

Re: Court Claim PCM

I doubt it.
Small Claims goes up to £10k

[Dellniv]

Re: Court Claim PCM

I doubt it.
Small Claims goes up to £10k

I see, I'm not too sure in that case.

[charitynjw]

Re: Court Claim PCM

I'm guessing that the N159 that was submitted may have something to do with the preliminary hearing.

Ok, you should receive further written instructions re the hearing date & track from the court in due course.

Have you heard anything from Mediation Service?

Have you prepared any case law evidence re tenancy agreement primacy?

[Dellniv]

Re: Court Claim PCM

I'm guessing that the N159 that was submitted may have something to do with the preliminary hearing.

Ok, you should receive further written instructions re the hearing date & track from the court in due course.

Have you heard anything from Mediation Service?

Have you prepared any case law evidence re tenancy agreement primacy?

I thought this was the mediation service, it was me and their solicitors in front of a judge. We agreed to combine 2 cases in to 1 as there were 2 vehicles in question, both under my name.

Then the judge started going through my defence and ruling some of them out.

Points refused; when I park in this car park I am in a legal contract, £100 is a fair amount, Registered keeper is responsible for the the fines. kept referring to Beavis vs Parking eye supreme court hearing where the court ruled the case to the parking companies favour.

Asked if they can see the tenancy agreement, I said I can provide that. Not sure which way that can go because in the agreement it says first come first serve parking, only allowed to park in marked bays, but on the other hand, it does not mention anything about this PCM company's contract, it is purely a suggestion in my eyes. if the developer laid those rules, they should be imposing it, not PCM, right?

all seemed in favour of the big organisation, without even hearing my side, just going by what I wrote in my defence online, which wasn't even the complete defence.

[charitynjw]

Re: Court Claim PCM

From Parking Prankster (c/w case law)
http://parking-prankster.blogspot.co...rking.html?m=0

[Dellniv]

Re: Court Claim PCM

So to update this thread, Ended up going to court and losing - Have been ordered to pay over £1k in fines and costs.

Very bemused and bewildered, the judge did not even consider and acts/laws filed in my defence, not even primacy of contract.. No idea what to do from here. Even though I stated I was not driving the car and offered to provide details of whomever was.

Fined due to my family members parking in the residential area of where I live due to dumped cars being in residents bays. I have no idea how this system works like this? Seriously lost right now.