Parking Control Management/Gladstones Court Claim

[R0b]

Re: Parking Control Management/Gladstones Court Claim

And Just to add to M1's post, there is a long standing principle of the Court to look at the substance and not the form. That means that the Court should look at the real intention of the sign rather than what it actually says, hence the main function of the sign was to prevent non-permit holders from parking in the marked bays and not, a unilateral offer to park.

[mystery1]

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".

So where do you park for your £100 if the spaces correspond to permits ? Like i said there is no offer to anyone other than permit holders.

M1

[R0b]

Re: Parking Control Management/Gladstones Court Claim

So where do you park for your £100 if the spaces correspond to permits ? Like i said there is no offer to anyone other than permit holders.

M1

I agree there's no offer, I was just pointing out that the sign makes reference to numbered or marked bays in response to your point about not mentioning numbers

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

I agree there's no offer, I was just pointing out that the sign makes reference to numbered or marked bays in response to your point about not mentioning numbers

:okay:

I was clarifying in case Tiki took my "twisted view" point. Now you both pointed out what i missed i don't think that's valid anymore. Even a twisted view couldn't argue there was an offer.

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

This judge couldn't give a toot for the specifics or the law. Honestly. She said I fought well (thanks M1!) but she was more interested in whether it was my car and why I didn't name the driver x

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

Well you weren't compelled too, by law. If only she'd stuck to the law instead of making a moralistic judgement without hearing the case, eh ?

M1

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

Oh I'm going to have to physically take it aren't I! Unless they accept scanned cheques! Ha!

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

I did say that when she askwd me why I didn't. I said I didn't have to and it was my choice and I chose not to. I said there was more than one named driver on my policy. Which there was. She said surely I would have asked them considering the pcn was received so quickly afterwards (referring to second witness statement!!). I said nope not high priority in my life thank you!

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

I think I am finally getting somewhere and I've spoken to the court who will accept it via email. Wahoo! Just to check... Section 8 of the form, it refers to evidence in support, then it says In support of my applications in section 7, I wish to rely on the following evidence:

Well I've not had to fill out section 7? I was going to put in my evidence like the signage etc to back up Section 5, the grounds of appeal?

Also the form (section 9) asks for a copy of the order being appealed (fine) and a copy of Form N460. Well I asked the court this morning, there isn't one. It says I MUST send one! What does that mean?

[TikiJnr]

Re: Parking Control Management/Gladstones Court Claim

https://www.justice.gov.uk/courts/pr...and-high-court

This has also confused the life out of me! File service to court? Also if I'm emailling it how can I provide 3 copies?

- - - Updated - - -

https://www.justice.gov.uk/courts/pr...and-high-court

This has also confused the life out of me! File service to court? Also if I'm emailling it how can I provide 3 copies?

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

https://www.justice.gov.uk/courts/pr...and-high-court

This has also confused the life out of me! File service to court? Also if I'm emailling it how can I provide 3 copies?

- - - Updated - - -

https://www.justice.gov.uk/courts/pr...and-high-court

This has also confused the life out of me! File service to court? Also if I'm emailling it how can I provide 3 copies?

Well you could supply it 3 times or just phone them and ask if that's necessary. If they accept via email it would indicate that provision is surplus to requirement however ........

M1

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

I think I am finally getting somewhere and I've spoken to the court who will accept it via email. Wahoo! Just to check... Section 8 of the form, it refers to evidence in support, then it says In support of my applications in section 7, I wish to rely on the following evidence:

Well I've not had to fill out section 7? I was going to put in my evidence like the signage etc to back up Section 5, the grounds of appeal?

Also the form (section 9) asks for a copy of the order being appealed (fine) and a copy of Form N460. Well I asked the court this morning, there isn't one. It says I MUST send one! What does that mean?

[MENTION=23709]rob[/MENTION] will hopefully have more knowledge of this than i do.

M1

[R0b]

Re: Parking Control Management/Gladstones Court Claim

I think common sense approach is used if filing by email, no need to send it three times as the requirement of three copies is in physical form.

As for Section 8, it relates only to any additional applications you are making contained in Section 7.

In Section 5, I would write in there, please see the attached Grounds of Appeal. In your grounds of Appeal if you want to file a Skeleton Argument within the next 35 days you can do so by saying as I mentioned above "The Appellant proposes to file a Skeleton Argument along with an Appeal Bundle".

That way, you have 35 days from the filing of the appeal notice to put together an appeal bundle with the skeleton and the case law and anything else relevant to the appeal. It needs to be indexed and paginated too

As for Form 460, you could write at the bottom page and say the judge has not provided the court with a copy of Form 460

[mystery1]

Re: Parking Control Management/Gladstones Court Claim

http://nebula.wsimg.com/c269da31b314...&alloworigin=1

http://nebula.wsimg.com/c8348f3d7a15...&alloworigin=1


2 more forbidding contract cases.

M1

[rjs]

Re: Parking Control Management/Gladstones Court Claim

PCM almost always fail to meet the requirements for Keeper Liability.

[MENTION=70704]emanresu[/MENTION] Where does PCM usually fail to meet the requirements for Keeper Liability? I tried to have a thorough look at the NtK that I received and all seemed to be in order to me.

I have noticed however that many PCM signs make a forbidding offer and therefore there is no contract, but it would be helpful too to know why the NtK falls short.
Thanks,
Ryan