Parking Control Management/Gladstones Court Claim

[R0b]

Re: Parking Control Management/Gladstones Court Claim

Permission to appeal is usually dealt with on paper, but the actual appeal can be in person unless you expressly agree to have it dealt with on paper too. I have always found that representing in person can have a better impact than on paper but given your situation, if that's not possible then perhaps paper based decision is a better choice.

As for times, well it depends on the what's available.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Okay thank you. Fingers crossed if I get the appeal and get a hearing I can make it.

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Okay thank you. Fingers crossed if I get the appeal and get a hearing I can make it.

Write a cover note giving any known dates and explaining circumstances that would makes certain times unavailable. They should help where possible.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

My request for the 'judgement'... The a holes have only sent me the same bloody thing as the other day! Is there any hope here! =(

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Morning guys. Spoken to Gladstones and the court this morning. I've paid the judgement. I've asked again for the notes or judgement. Nothjng on their system, she was going to email the court directly. I think either way now I'm going to be getting sweet F A in time for this to be submitted. Should I put that anywhere or is it irrelevant?

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

[MENTION=71570]R0b[/MENTION] I'm not able to open the word document. It keeps telling me the page is not available. What am I doing wrong? I'm aiming to finish this tomorrow and deliver it Wednesday x

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Morning, I'm not sure if anyone is around? I'm trying to finish this appeal as the deadline is Friday, but I can't open the document R0b has put on here =( would anyone also be able to check my skeleton argument? And confirm everything that needs to go in? So far I've got the form, the fee, the transcript request and the skeleton argument. Thank you x

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

I will be around today, at last. I have an enormous backlog of stuff to do.

I just need to wake up 1st before i start.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

My no1 parking hero! Yay! Thank you =D I'm going to be on making it kick ass all evening x

[R0b]

Re: Parking Control Management/Gladstones Court Claim

Sorry Tiki, I have been a bit busy over the last week. I've re-uploaded a copy of the Grounds of Appeal which you will need to fill out the gaps.

I can help with the skeleton argument later today but if you are asking for an order of the transcript then I would suggest that in the N164 Form you ask for an extension of time to file an appeal bundle which will include the document to support your case and also the transcript since your asking for it to be paid at the public expense.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Please don't apologise. You guys have gone over and beyond. I'm working at the moment, I'll be back online this evening. Thanks again x

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Sorry Tiki, I have been a bit busy over the last week. I've re-uploaded a copy of the Grounds of Appeal which you will need to fill out the gaps.

I can help with the skeleton argument later today but if you are asking for an order of the transcript then I would suggest that in the N164 Form you ask for an extension of time to file an appeal bundle which will include the document to support your case and also the transcript since your asking for it to be paid at the public expense.

I think we are just putting in a note of our own rather than a transcript ?



As Tiki seems to have issues opening your doc i'll paste below (formatting may be off when pasted)

	CLAIM NO:
IN THE [insert court name] COUNTY COURT BULK CENTRE
B E T W E E N

	[YOUR NAME]
		Appellant
	and
	PARKING CONTROL MANAGEMENT UK LIMITED	Respondent

	APPELLANT’S GROUNDS OF APPEAL

Background
1. The Appellant appeals against the judgment of DistrictJudge [insert name of judge]. The case relates to a claimmade by the Respondent that the Appellant entered into a legallybinding agreement with the Respondent. District Judge [insertname] found in favour of the Respondent.


Groundsof Appeal
2. TheAppellant contends that the learned judges’ decision was wrong. Inparticular:
(a) the learned judge in exercising discretion to grant reliefpursuant to CPR 3.9, wrongly applied the three stage test as set outin Denton v TH White Ltd [2014] EWCA Civ 906. The result ofwhich is that the learned judge erred in her approach when decidingto grant relief in respect of the Claimant’s inadequate pleadingsand second Witness Statement.
(b) the learned judge erred in finding that there was a contractualagreement between the Appellant and the Respondent. The Appellantcontends that the signage did not create a binding contract as on itstrue construction, the signage is prohibitive and forbids any parkingwithout a valid permit. In the circumstances, the Respondent doesnot have any legal entitlement to sue.
(c) even if it could be found that the signage was not prohibitive,the learned judge ought to have found that no contract existed. Theevidence before the court was clear insofar as the evidence whichdepicts the Appellant’s vehicle parked in a bay purportedlygoverned by the signage, does not show the bay as being marked ornumbered. As the Appellant’s vehicle was not parked in a markedbay, the signage is not applicable and so no contract could haveexisted.
(d) the learned judge did not properly explain why she had decidedthat certain evidence carried no weight and instead accepted certainevidence presented by the Respondent uncritically. On the whole, thelearned judge discounted the Appellant’s evidence for no goodreason and/or failed to give adequate reasons as to how she arrivedat her decision.


3. In all the circumstances, District Judge [insert name]was wrong to conclude that there was a binding contract between theAppellant and the Respondent and the appeal should be allowed.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Thank you M1. It keeps saying this page cannot be displayed. However I've obviously messed up on what I thoight I was doing again as that is what my skeleton argument looks like =( can I confirm that if I hand deliver to the court on Friday that is okay? Or is it tomorrow?

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

As long as it's before 1600 then hand delivery should be ok. Get a name/receipt though as court admin is generally horrific. (or a pic). Check tomorrow what time they shut just to be safe.

A skeleton argument is more substantial.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

It's going to be easier for me to get it in tomorrow but considering I've ballsed up the skeleton argument I've got more to do than I thought x