**WON!!!!!!!** PCM (uk) ltd Gladstones court

[mystery1]

Re: PCM (uk) ltd Gladstones court

Ok, file acknowledgement of service.

Then contact Gladstones and ask them to replead their case as it fails to comply with cpr 16.4 https://www.justice.gov.uk/courts/pr...es/part16#16.4 pracitice direction 16 7.5https://www.justice.gov.uk/courts/pr.../pd_part16#7.1

M1

[Davew2811]

Re: PCM (uk) ltd Gladstones court

Hi, Thank you .. I can do that.

I noticed you had asked others to do the same.

Assuming they do .. or don't re-plead .. At some point I will need to defend myself .

It's clear that they have re-positioned the signs as they were not previously 'prominent' .. It's also clear that the nursery are also putting up their own
signs, which are not only confusing, but they also contradict the PCM sign?

It seems like a strong argument to me..

[mystery1]

Re: PCM (uk) ltd Gladstones court

Yes, but the whole parking argument is to be kept up your sleeve. You will prepare for it in case you are ambushed but at present their case is their pleadings. Their pleadings do not allege anything about parking or contain a cause of action. The way i'd do it is set them up and look for the court to throw the case out. The court cannot allow them to change their case and deny you the opportunity to respond so it's a free shot to get the case booted.

http://www.legalblog.in/2011/06/impo...dings-law.html

https://civillitigationbrief.wordpre...ases-reviewed/


If they try in court to adjourn to amend then Fitzroy Robinson Ltd v Mentmore Towers Ltd [2009] EWHC 3070 (TCC) (26 November 2009)

Relevant Principles


What are the relevant principles governing an application of this kind? It seems to me that the starting point is the overriding objective (CPR Part 1.1), the notes in the White Book at paragraph 3.1.3, and the decision of the Court of Appeal in Boyd and Hutchinson (A Firm) v Foenander [2003] EWCA Civ 1516. Thus, the court must ensure that the parties are on an equal footing; that the case - in particular, here, the quantum trial - is dealt with proportionately, expeditiously and fairly; and that an appropriate share of the court's resources is allotted, taking into account the need to allot resources to other cases.
More particularly, as it seems to me, a court when considering a contested application at the 11th hour to adjourn the trial, should have specific regard to:
a) The parties' conduct and the reason for the delays;


b) The extent to which the consequences of the delays can be overcome before the trial;


c) The extent to which a fair trial may have been jeopardised by the delays;


d) Specific matters affecting the trial, such as illness of a critical witness and the like;


e) The consequences of an adjournment for the claimant, the defendant, and the court.



Further Mitchell and Denton screw them. I'll save you getting too confused yet though

M1

[Davew2811]

Re: PCM (uk) ltd Gladstones court

Thanks for the help and the links .. far too complicated for my laymans brain lol

But I'll take a look ..

I'm away for a week so I'll update the thread when I get back if there are any movements.

D

[ostell]

Re: PCM (uk) ltd Gladstones court

They have shot themselves in the foot (well IAS have) The rejected appeal states that "by parking at 15:10 (outside the permitted times)" but the signs say reserved exclusively for cybertots nursery 8:00 - 11:00am, 1:00 - 2:00pm, 5:00 - 6:00pm but 15:10 is outside of the times and therefore no limitation and no contravention. The sign says nothing about requirements for parking outside of the stated times.

I looked this up for another thread (could be the same person) and found the PCM signs using GSV and they say almost the same. Those signs state that during the stated times parking only while displaying a cypertots permit. Outside of those times there is no restriction.

Looks like the attendant can't read and has read the sign as no parking outside those times.

To the OP can you get a photograph of the PCM signs please. That additional red sign is incapable of offering a contract at all.

I suspect that Cybertots want the space to be available to their customers at peak times and have asked PCM to dream up a scheme for the area. PCM have put up the signs even though there is no contract with the landholder and a member of staff at cybertots sends the photos of cars parked there to PCM

[ostell]

Re: PCM (uk) ltd Gladstones court

Thanks for the help and the links .. far too complicated for my laymans brain lol

But I'll take a look ..

I'm away for a week so I'll update the thread when I get back if there are any movements.

D

Going away at this time could be critical ! Responses to the court claim MUST be in by a specified time. You MUST acknowledge the claim NOW, doing it when you get back may be too late. Do it on line using the information on the claim form. Also repost those pictures after removing the password. Do you want PCM to sign in as you and admit the claim?

You have 14 days to acknowledge the claim. If you don't do it on time then PCM could obtain a default judgement against you. Acknowledging then gives you 14 days from the service date of the claim to enter your defence. Your defence needs to contain everything you will be relying on in court, though not in full detail. You WILL need to get some good photos of those PCM signs.

[mystery1]

Re: PCM (uk) ltd Gladstones court

Going away at this time could be critical ! Responses to the court claim MUST be in by a specified time. You MUST acknowledge the claim NOW, doing it when you get back may be too late. Do it on line using the information on the claim form. Also repost those pictures after removing the password. Do you want PCM to sign in as you and admit the claim?

You have 14 days to acknowledge the claim. If you don't do it on time then PCM could obtain a default judgement against you. Acknowledging then gives you 14 days from the service date of the claim to enter your defence. Your defence needs to contain everything you will be relying on in court, though not in full detail. You WILL need to get some good photos of those PCM signs.

Never noticed the password, thanks. I've unapproved the attachments so it can't be seen unless you have Mod rights.

If he has filed AoS as advised then 1 week is no issue.

M1

[ostell]

Re: PCM (uk) ltd Gladstones court

I got the impression that he would attend to it all when he got back from his week away. There has been no confirmation that it has been acknowledged.

[Davew2811]

Re: PCM (uk) ltd Gladstones court

Hi, I will be sending the letter asking them to re-plead and the court acknowledgement today.

I have no idea what passswork you guys are talking about?

Dave

[Davew2811]

Re: PCM (uk) ltd Gladstones court

Guys, I have now submitted the Acknowledgment of service using the on line service.

I will send the letter to Gladstones today to ask them to re-plead

I Have now seen the password you were talking about .. ooops ! Thanks for taking it down.

Re-posted with the password masked..

[Davew2811]

Re: PCM (uk) ltd Gladstones court

Hi Ostell.

Thanks for your input .. I have LOTS of photos of the signs and their location..

I even took more this week, they have re-located the sign they claim I was parked 'directly in from of' as it was originally behind a tree and I would have had to climb wall and a hedge and several feet of landscaped garden to get to it to read it .

The pictures they have posted in their PN are different to the one they claim I was parked in front of and have different wording, they have not posted a picture showing the wording of this particular sign!

D

[Davew2811]

Re: PCM (uk) ltd Gladstones court

They have shot themselves in the foot (well IAS have) The rejected appeal states that "by parking at 15:10 (outside the permitted times)" but the signs say reserved exclusively for cybertots nursery 8:00 - 11:00am, 1:00 - 2:00pm, 5:00 - 6:00pm but 15:10 is outside of the times and therefore no limitation and no contravention. The sign says nothing about requirements for parking outside of the stated times.

I looked this up for another thread (could be the same person) and found the PCM signs using GSV and they say almost the same. Those signs state that during the stated times parking only while displaying a cypertots permit. Outside of those times there is no restriction.

Looks like the attendant can't read and has read the sign as no parking outside those times.

To the OP can you get a photograph of the PCM signs please. That additional red sign is incapable of offering a contract at all.

I suspect that Cybertots want the space to be available to their customers at peak times and have asked PCM to dream up a scheme for the area. PCM have put up the signs even though there is no contract with the landholder and a member of staff at cybertots sends the photos of cars parked there to PCM

Hi, The PCM notices do say that apart from the 4 hours allocated to Cybertots that NO OTHER PARKING is allowed !

But as I said, the have manufactured the way they took their photos to suit themselves.

[Davew2811]

Re: PCM (uk) ltd Gladstones court

Hi Guys, I'm now back from holiday.

Apart from the on-line confirmation of my Acknowledgment of service, I haven't heard from the court,
neither have I heard anything from their solicitors regarding them re-pleading their case.

What's the next step? Do I have to contact the court again?

D

[ostell]

Re: PCM (uk) ltd Gladstones court

You will not hear. It is up to you to submit defence 28 days after service.

[Davew2811]

Re: PCM (uk) ltd Gladstones court

Hi, thanks.. So that's my next question, how do I construct my defence ? I can't afford to employ a lawyer !