Parking Control Management/Gladstones Court Claim

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Any further progress from the judge ? Have you tried the courts again to see if you can get anything else ?

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Nothing else =( my children are both poorly but I will try and call the courts this morning.

[R0b]

Re: Parking Control Management/Gladstones Court Claim

Hi Tiki,

Could you clarify a few questions below:

- Did you complain or make reference to their inadequate particulars of claim? If so what was the response from the judge
- The photo evidence initially relied on by the other side showed no numbering or anything that complied with the terms?
- At what point did they bring in this additional photo and is it obvious that the photo was taken of the same place? Did you then raise an issue as to its authenticity?
- When you mentioned Denton, did the judge explain why she allowed it on the first stage of the test or did she just say it was her discretion and gave no real reasons why? Was there anything in the directions that the both parties were to submit documents relied on 14 days before trial?

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Morning R0b

1. Yes I complained about the non compliant particulars at every point, including in my opening and closing. The judge ignored this at all stages until she gave her judgement where she said that she was going to allow them because it was clear I knew about the parking charge so they therefore didn't cause me any embarrassment. She then said in future they must be compliant to the claimant.

2. No numbering or reference to the terms in anything they submitted pre trial.

3. They brought in the additional photo of the numbers when I raised in my response to her claim that there were no numbers. The photo showed literally concrete with the tiniest plaque (honestly a couple of inches) with a number on. You couldn't tell where they were taken or when. I objected. The judge again ignored the request stating that the likelihood was there were numbers. No other photo could show this.

4. The judge rejected on the first point of Denton because she said the information in the second witness statement was not significant therefore it wasn't a significant breach. However that's why she said the POC were adequate. Without that witness statement there was no pcn or anything. The letter sent to both of us with the date of the trial stated we had to file everything with the court and each other 14 days before trial.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

A lot of what was raised she ignored until her judgment. The only thing she made any judgement or comment on during the case was the second witness statement. From the start you could see she was clearly only interested in if the car was parked in a bay they owned or not. The claimant even marked the wrong bay on the map!!

[R0b]

Re: Parking Control Management/Gladstones Court Claim

Did the other side make any application for relief from sanctions at the time or did the judge allow it off her own back?

Would it be fair to say that the judge failed to give any adequate reasons and/or failed to properly apply the Denton criteria in relation to the inadequate pleadings and permission to allowing the second witness statement?

There may also be an element of error of fact in relation to the weight of evidence even if the witness statement was allowed along with the additional photo evidence.

I can assist with some of the wording in relation to the appeal if you like but its also a game of chance and there is still always a possibility that you might not succeed even if you do have good prospects so you must always bear that in mind.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

The judge said to her why was it so late, she said no real reason other than she wanted to post it after my witness statement. The judge never commented other than to say fine the breach is not significant.

I have now come down with my children's bug so I will have to come back to this tomorrow =( thank you for all your support. At this point I do want to take the risk of appeal x

[Parking Prankster]

Re: Parking Control Management/Gladstones Court Claim

I have some additional information which I would like to keep off board. Please can either mystery1 or Rob or the keeper get back to me via email.

prankster@parking-prankster.com

The judge said to her why was it so late, she said no real reason other than she wanted to post it after my witness statement. The judge never commented other than to say fine the breach is not significant.

I have now come down with my children's bug so I will have to come back to this tomorrow =( thank you for all your support. At this point I do want to take the risk of appeal x

[charitynjw]

Re: Parking Control Management/Gladstones Court Claim

I have some additional information which I would like to keep off board. Please can either mystery1 or Rob or the keeper get back to me via email.

prankster@parking-prankster.com

Hi Parking Prankster

I'll give [MENTION=5354]mystery1[/MENTION] & @R0b a nudge for you

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

I've emailed, I'm the registered keeper. Thank you =) though if M1 and r0b want to too that's cool x

[R0b]

Re: Parking Control Management/Gladstones Court Claim

Tiki, do you have a copy of this photograph that was shown as evidence at the hearing? I'm trying to find it on page 3 where the Witness Statement is but I can't see this photo with a kerb which shows a plaque and a small number on it? Was this introduced separately to the other evidence that was attached with the witness statement?

And was this Georgina Philpott the one who was representing the claimant or someone else?

[mystery1]

Re: Parking Control Management/Gladstones Court Claim




Did the judge decide there was a contract formed with this or anything about a contract ?

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Sorry guys only just starting to feel human again.

R0b... The photo wasn't in the witness statements, she turned up with that in the day and whipped it out when I said there were no numbers. To be honest the judge didn't care what was in the witness statements. I have no copy. Yes Philpot was the one who turned up.

M1... I argued the signage was forbidding, Philpot said there is an offer to park to non permit holders at the cost of £100. Judge never said a word (as per usual) and then in her judgement just said the signage was clear. I don't recall her mentioning a contract x

[R0b]

Re: Parking Control Management/Gladstones Court Claim

So on the face of it there appears to be 3 (or 4) grounds for appeal in that the judge:

1. was wrong in law to hold that a contract existed when in fact it was a trespass and the Claimant has no legal entitlement to sue

2. in exercising discretion did not properly apply the guidelines set out in Denton

3. failed to take into account material evidence which did not indicate there was any numbers showing on the parking bays. Plus the evidence relied on was not referred to in the Claimant's witness statement and as such not verified/authenticed as to who took the photograph or at what time/date and where it was taken.

4. failed to give adequate reasons for her decision.

@mystery1 would you agree?

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

What about the non compliant POC or does that not matter? I'm still super under the weather so I will wait til tomorrow to fill that form out. Do I hand deliver it to the court? Her reasons most of the time were honestly, I have discretion in this. Sod the law!