Parking Control Management/Gladstones Court Claim

[R0b]

Re: Parking Control Management/Gladstones Court Claim

The non compliant POC / Witness Statement falls under Denton

You need to file everything together, if you don't then it will cost you and there would be a chance that permission to appeal is denied. If you want to file a skeleton argument I can assist in the case law and some of the wording but given the time it isn't going to be perfect but at least give an idea to the court of why you would be appealing.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Are we aiming to get this in by Friday? The date is the next Friday but payment due this Friday. Seems odd they do it lile that

[mystery1]

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?

5. Failed to restrict evidence to the case as pleaded. (although that could be entangled in 2 but there are various strands to that)


I would see the comments about transcripts etc at the beginning of http://nebula.wsimg.com/d8670de1426e...&alloworigin=1 so best make your own note of the day, as best you can.

Are we aiming to get this in by Friday? The date is the next Friday but payment due this Friday. Seems odd they do it lile that

Very odd. Having said that, you should consider paying the judgement amount, if you can. The reason being your credit rating, which you don't want trashed for 6 years, i assume. You could then have it returned should you succeed.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Okay I'm going to pay it and then claim it back. I'd like a new mortgage next year so I really don't want it trashed for £200.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Reading that, that sounds like what the judge said she was going to send me via email! Am I meant to get one of them? Like the write up. Because that would be super handy x

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Certainly would be. Beginning to look like you are getting nowt though. You could be super cheeky and ask Gladstones for theirs since you are appealing (or when they read this they could just send it ) Ask before you pay just in case that thought encourages them

Oh and annoy the court again in case Judge is forgetful and intended to do as you thought.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

What's the name of that? The judgment? I clearly got a jobsworth!

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Judgement or notes. Either would be handy. Gladstones/Pcm won't have a judgement if you don't.


If you look at the appellants note on https://www.pwc.co.uk/business-recov...arta-order.pdf (bottom) it may help for the appellants note of your own. Note the declaration (x) etc are just labels. The forms look different as that's not a small claims appeal.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Okay I will have a read of that now. I will phone the court tomorrow and see if I can get that. That's what she said she would send me! I have a hospital app tomorrow and I'll be spending the rest of the time doing this. Is this all done on paperwork now or could there be another hearing? I'm due a baby soon! =\

[R0b]

Re: Parking Control Management/Gladstones Court Claim

@TikiJnr, @mystery1

Have very quickly and roughly drafted some grounds of appeal that might assist your appeal. They are not of course perfect but is a starting point.

I would propose that a skeleton argument should also be attached as there is certainly some evidence that could back up some of your grounds epsecially the Denton guidelines but I doubt I would be able to post anything until the weekend.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Thank you. I will open that on the computer tomorrow. I'm still unsure what the skeleton argument should contain. I will pay the fine then should the appeal be successful claim it back, so deadline is next Friday x

[R0b]

Re: Parking Control Management/Gladstones Court Claim

The skeleton argument is an outline of what you will be presenting in court. It gives the court an idea of why you think the appeal should be allowed, hence the name skeleton argument. It is a place for submissions and reference to case law which supports your appeal.

For example in Denton it was expressly said by one of the judges that when considering the first stage, the court shuld not take into account other breaches as that is considered in the third stage. If the judge relied on the witness statement to justify and exercise discretion on allowing the inadeuqate pleadings, then she has erred in her approach.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Okay I've found some examples for various cases. Can I just check I am the appellant? And the respondent would be PCM?

[R0b]

Re: Parking Control Management/Gladstones Court Claim

Yes you are the appellant as you are applying to the court for a reversal of the decision.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Am I going to have to go back to court? If so how quickly does that come round?