Parking Control Management/Gladstones Court Claim

[R0b]

Re: Parking Control Management/Gladstones Court Claim

@mystery1, I thought Tiki was going to ask for the transcript obtained at public expense or is this no longer the case?

@TikiJnr what have you put as your skeleton argument? I updated the Grounds of appeal to include at the bottom: "The Appellant proposes to submit a Skeleton Argument."

Just as a reminder, make sure that as part of your appeal notice you need to include a bundle which should contain:

1. Completed N164 Form
2. Copy of the original order
3. Any order (if separate) refusing permission to appeal
4. A suitable note of the judgment or transcript
5. Witness Statement
6. Skeleton Argument
7. The documents/evidence used in the original hearing to support your appeal

You don't have to submit a skeleton argument and can simply rely on Section 8 of the N164 form to support your case. Ultimately I think there will be a hearing on this if permission is granted and at that point you will have more time to refine your arguments.

If you want us to take a look at what you have written for Section before you deliver it I am available tonight.

- - - Updated - - -

Download link to Grounds of Appeal: http://expirebox.com/download/379beb...8732811d9.html

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Am I just expanding on what you've written for the reasons? I'm on my phone at the moment, once my children are in bed I'll load the laptop and upload what I've written. I don't have no4, or is that where I would put the transcript request or I write my note of the judgement? And the last one is that my witness statement again or am just using my evidence to support my skeleton argument? Thank you

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

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

The signs do not mention numbers that i see ?



I would remove that part or amend it to reflect what happened in court. Any reliance on numbering is pointless as the signs do not mention it.


M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

The sign does say a numbered or lettered bay? That was my argument and she whipped out a photo of concrete with numbers on.

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

@mystery1, I thought Tiki was going to ask for the transcript obtained at public expense or is this no longer the case?

@TikiJnr what have you put as your skeleton argument? I updated the Grounds of appeal to include at the bottom: "The Appellant proposes to submit a Skeleton Argument."

Just as a reminder, make sure that as part of your appeal notice you need to include a bundle which should contain:

1. Completed N164 Form
2. Copy of the original order
3. Any order (if separate) refusing permission to appeal
4. A suitable note of the judgment or transcript
5. Witness Statement
6. Skeleton Argument
7. The documents/evidence used in the original hearing to support your appeal

You don't have to submit a skeleton argument and can simply rely on Section 8 of the N164 form to support your case. Ultimately I think there will be a hearing on this if permission is granted and at that point you will have more time to refine your arguments.

If you want us to take a look at what you have written for Section before you deliver it I am available tonight.

- - - Updated - - -

Download link to Grounds of Appeal: http://expirebox.com/download/379beb...8732811d9.html

It was mentioned but i thought that was for those that qualified for fee remission and Tiki doesn't ?

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

I've looked at the transcript form and it does ask my about my financial circumstances?

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

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

The judge having held as fact that the defendant was not the driver, erred in law holding the registered keeper liable when it was neither pleaded that keeper liability applied nor proven on the balance of probabilities that the Protection of Freedoms act 2012 schedule had been complied with.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Is the sign forbidding? They argued it says there is an offer to park there without a permit for the cost of 100 pound x

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Is any of the info the parking prankster had relevant x

[R0b]

Re: Parking Control Management/Gladstones Court Claim

The sign doesn't mention specific numbers but does say "any numbered or lettered bay corresponding to the permit".

Transcript does not directly need be affected by fee remission I do not think. It could be a case where you could argue that you could not afford both the cost of the transcript plus the fee for appealing the decision. Anyway, a note of what was said is fine.

The Witness Statement is separate to the original one. Here you would go into detail of what the judge said which supports your appeal that the judge had erred when coming to the decision she made. For example, you could explain in the witness statement exactly what you told us and how the hearing went and how the judge did not give reasons and when challenged simply said "its her discretion" all the time and that the judge allowed the poor pleadings to stand by virtue of the granting relief for the second witness statement and should have dealt with them separately.

The Skeleton argument is not that important, because if permission is granted you could submit one at a later date if need be.

I would argue that the main purpose of the sign is forbidding/prohibitive, that is to say that no permission to park unless you have a permit and in doing so for any other reason amounts to a trespass. To me the charge of £100 is the penalty for trespassing not a contract or offer and only the landowner who has exclusive possession of the land has the right to sue for trespass.

The sign is either a contract or it is one which is prohibitive, not both and the fact that the first part of the sign is prohibitive, that was the main intention.

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Thank you! Are either of you around tomorrow? I'm also wondering if they accepted the submission of the witness statement by email will they accept this? If neither of you are around tomorrow then come hell or high water I'll finish it tonight x

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Also I've paid the bloody judgment at 205 quid plus the appeal money. The transcript they can give to me ;-) x

[R0b]

Re: Parking Control Management/Gladstones Court Claim

I am working tomorrow but I could check periodically sure. If you have paid the appeal fee then they should be able to accept by email, some courts have a specific e-filing email address but as long as it has been filed and acknowledged then it should be okay. You would also need to serve it on the other side too.

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Is the sign forbidding? They argued it says there is an offer to park there without a permit for the cost of 100 pound x

Well, it is a view which only a few would consider valid. In my view it would take a pretty twisted view to say that it's intent was to allow parking for £100. It is not clear and certainly not in your face.

Have a gander at a superb post http://forums.moneysavingexpert.com/...postcount=2341

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Oh so I need to email it to Gladstones? All of it? I'll ring the court and check otherwise I'll hand deliver. Email would help me a lot haha! Okay I'm putting the children to bed now and I'll be on the laptop x

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

I should be around tomorrow.

It says a lot about the clarity of the sign (or maybe my eyesight) that i never noticed the numbered part despite looking at it quite a few times. Maybe i was concentrating on specific parts though.

M1