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

[mystery1]

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

Phone Gladstones and enquire why they haven't replied and if they intend to comply with the rules or not. Get an email address for them and confirm the conversation by email.

No lawyer required.

M1

[ostell]

Re: PCM (uk) ltd Gladstones court

Did you originally have a picture of a sign put out by the nursery ? I had a quick glance at one on someones thread and I have a vague recollection that there was only a mention of the prohibited times.

[Davew2811]

Re: PCM (uk) ltd Gladstones court

There were some signs from the nursery which stated their parking hours (4 hours a day) PCM had their own signs. the sign they claim I was parked in front of was situated in a landscaped garden and I would have had to climb over a wall and a hedge to read it. they did not take a close up of this sign but of 2 others in the area, both of which were obscured. they have now repositioned the sign they said I was 'directly in front of' so it is now visible .
D

[ostell]

Re: PCM (uk) ltd Gladstones court

So you couldn't see the sign so how can you have contracted with them? You have the photos. Don't dismiss the nursery sign, it could be to your advantage. If it was more favourable then you could legitimately use that.

[Davew2811]

Re: PCM (uk) ltd Gladstones court

That was my argument with them .,
I did appeal but the appeal was dismissed on the basis that I was directly in front of a sign and therefor had entered a contract !

[ostell]

Re: PCM (uk) ltd Gladstones court

What did the large sign placed by the nursery say ?

[Davew2811]

Re: PCM (uk) ltd Gladstones court

The large sign phot is attached .. But this was placed their more recently, although the content is the same as the other smaller signs.


I have just called Gladstones about the re-plead. They said that they believe there is sufficient detail in the claim form form me to know what it's about and also that they will not re-plead unless the court asks them too.

D

[paul1909uk]

Re: PCM (uk) ltd Gladstones court

Hi Dave, I believe we are both fighting the same battle here. When did the big red sign appear? I took photos a week or so back and there was only a small handmade sign beneath the main PCM one.

The whole situation winds me up - you can go there at any time of day and find cars parked outside the nursery and the small layby near Sainsburys - surely they can't ALL have been sent PCNs???

[ostell]

Re: PCM (uk) ltd Gladstones court

So that large sign will help you all in your cases. That was next to the bays, you did not have any need to look further and you complied with the requirements of the sign.

I knew I hadn;t imagined things !

[Davew2811]

Re: PCM (uk) ltd Gladstones court

Yes, but as I said, The larger sign was put there more recently - after the alleged parking offence.. The already rejected my appeal when I had explained the smaller signs were there
and more prominent..

[Davew2811]

Re: PCM (uk) ltd Gladstones court

I only ever parked there once.. I actually live there, I went up to the flat to collect something. I was literally there for 5 minutes (not even long enough for them to issue a ticket at the time.

All I could see were the nursery signs I had never taken notice before,

But since I got my PCN (in the post) I have taken more notice and they have issued plenty of tickets ..

But the fact that the other signs are there and contradict the signs from the parking company has to mean something?

Dave

[paul1909uk]

Re: PCM (uk) ltd Gladstones court

So that large sign will help you all in your cases. That was next to the bays, you did not have any need to look further and you complied with the requirements of the sign.

I knew I hadn;t imagined things !

Unfortunately, I think the red sign is a new thing. When our 'offence' took place in Feb 2015, there was no signage from the nursery at all. When I took photos the weekend before last, there was a small handmade sign from the nursery beneath the PCM signage (the large one in the shrubbery) which I think was shown in my photos in post 12. Unlike Dave's photos in his threads, as I don't recall ever seeing smaller signs by the parking bays.

The whole thing is confusing. I understand the nursery parking hours, but why would you then say no parking at any other times, especially when PCM has a sign for parking across the road (but in the same complex) saying 20 max parking, but not between 9 and 11am. Surely the lack of clear signage (i.e. not conflicting or confusing messages) and the fact that the nursery has now also waded in with their own signage - albeit seemingly missing the whole 'no parking at any other time' that PCM are pushing, shows what a farce it all is?!?

[Davew2811]

Re: PCM (uk) ltd Gladstones court

I still think that the addition of the new sign just emphasises that PCM are happy for the public to be confused and assume that it is ok to park outside of those hours.

It gives them more opportunity to issue tickets!

Dave

[ostell]

Re: PCM (uk) ltd Gladstones court

Who is the owner of the land and have they given permission for the limited parking outside the nursery or have PCM got it wrong or have the nursery asked PCM to modify the signs when they had no right to do that ie no authority to create a contract ? I prefer the last option.

[Davew2811]

Re: PCM (uk) ltd Gladstones court

There is nothing in the signs or in any correspondence stating who the landowner is ..

I suspect that the nursery have rented / leased the spaces as part of the condition of them taking a commercial space on the property.

I'm not sure I'm in a position to ask for a copy of this contract but they will have to submit it as part of their evidence?