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Startkey&Clutch

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  1. Thank you eb for not giving up on me, I feel very bad a was just about to pay up
  2. I've had another email from the council... Thank you for your email. For the avoidance of doubt I feel that I ought to clarify a couple of points. I do in fact agree that, for the purposes of the Town and Country Planning Act 1990, the warning signs for Euro Parking Services do constitute advertisements. However, the point I was previously making was that under the provisions of the Town and Country Planning (Control of Advertisement) Regulations 2007, the advertisements do not require “express advertisement consent” from the Local Planning Authority. This is because they satisfy the criteria (as outlined in my previous email) for one or more of the classes of advertisement that can be displayed with “deemed consent” under the above Regulations. I was not aware of the case of Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1, however it appears to me that this case relates specifically to matters of contract law, as opposed to planning law. Therefore, I do not believe that the case is relevant to the determination as to whether, for the purposes of the Regulations referred to above, express advertisement consent is or is not required for the warning signs. It is possible that the case might be relevant in a situation where it is alleged that a breach of contract has occurred, however in such circumstances this would be a private, civil matter between the respective parties and would not involve the Council as the Local Planning Authority. If this is a situation that you find yourself in then you should seek your own independent legal advice. I hope this clarifies matters in respect of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisement) Regulations 2007. Kind regards, My wife says I look with my eyes close so would you mind giving me a clue as to which post in the Mansfield thread I need to look at please?
  3. I couldn't resist asking the council the specific question if there is pp in place, this was their reply...... Dear Mr @@@, Are you referring to the private car park on @@@ @@@ operated by Euro Parking Services and to their warning signs displayed on the fences? I f so, I can confirm following a recent stie visit that none of these advertisements exceed 0.3m in area, they are not illuminated, they do not contain any characters or symbols that exceed 0.75m in height and they do not appear to be displayed above 4.6m above the ground. On this basis they can be displayed under the deemed consent provisions of the Advertisement Regulations 2007 and therefore do not require express consent from the Planning Authority. Thank you for your enquiry.
  4. I think I've got it now. Sorry for being slow. Because they dont have pp it can be brought up in court..... And the size of the sign means they need it??
  5. How is this as a email to the council or have I missed the target? Dear Mr @@ I am writing to you regarding some signs which are displayed at the entrance to a car park at @@@@@@@. These signs are an advertisement, and not a deemed consent sign, therefore they fall under Town & Country Planning (Control of Advertisements) (England) Regulations 2007 They are advertising a unilateral contract and are adverts as per the original case of Cahill v the Carbolic Smoke Co These signs measure 63.5cm by 44.5cm and are clearly visible from the road, I am not aware of size constraints below which consent for an advertisement is not required. Neither Euro Parking Services nor the landowner, have advertisement consent for their signs at this park and, by virtue of Regulation 30 of the Town and Country Planning (Control of Advertisements)(England) Regulations 2007 that is a criminal offence You have emailed my colleague and stated that these signs do not require planning permission, could you clarify this for me please?
  6. Im reading through 'Regulations of the Town and Country Planning' and got 'General: section 4' which is requirement for consent. Am trying to find the reply from the council saying them don't need permission, off the top of my head they said it was due to the size of the signs so it looks like they were talking cobblers. The Mansfield case seems to be about ANPR. Am usually up for a fight but don't feel its going in at the moment, probably my meds. It sounds like I need to go back to the council. The council sent me this.... Further to your email to our Neighbourhood Warden Manager in respect of the signs at the private car park off @@@@@@ @@@@@ from the photographs you have provided it appears that none of them exceed 0.3m in area, they are not illuminated, they do not contain any characters or symbols that exceed 0.75m in height and they do not appear to be displayed above 4.6m above the ground. On this basis it appears that the signs can be displayed under the deemed consent provisions of the Advertisement Regulations 2007 and therefore do not require express consent from the Planning Authority.
  7. I know who the land owner is and their address. Will call the court and chase cpr16.4 today. Im afraid the planning part isn't going in as Im still quite ill and having difficulty concentrating. I got that a contract cannot be formed if there is an illegal act ie the signs have no permission but cannot get my head around the permission needed. Have been reading through what oddfellow led me to and the 'mansfield' thread with parking eye and get all kinds of dimensions for the signage so will measure them today. Am I on the right track?
  8. The stage is waiting for the court date, a defence was submitted but it was skeleton, I believe I had to submit something 14 days before the date or is that they have to submit their papers?? Unfortunatly the council said planning permission is not necessary for their signs. A paper hearing was refused and there is a date for a full oral hearing. The land owner has been approached but washed his hands of it, Euro told him its out of their hands as its with Gladstones, so its Gladstones that should be contacted, needless to say that hasn't been done! By chase the CPR 16.4 do you mean call the court? Please tell me what I need to get for the court, Ive been far too ill to do anything for several weeks.
  9. Thank you ericsbrother and happy new year. Sorry for the late reply but Ive been in hospital. Did manage to get the letter off to the court before my admission though, haven't heard back yet, do I need to start preparing a defence?
  10. Sorry "poc"?? Is that 'particulars of claim'? The particulars of claim are not very particular on the form from the court. It looks like theyre taking this to court as Ive got a date and they've paid the hearing fee. How do I go about getting it struck out? The judge who has been allocated has suggested mediation which has been rejected but Im in the dark as to the next step. Would I be ok sending this to the court?? Case number ******** Dear sir/madam I am writing in relation to the above case. Gladstones have failed to show a cause for action with particulars of claim, they have also refused my CPR 31.14 request, they simply haven’t followed the procedures to show why they are claiming from me, therefore they have failed to fulfil the requirement of CPR 16.4 I request the case to be struck out as it has no prospect of success.
  11. Ive sent it back and its been allocated to a local court, is it worth re-requesting the cpr 31.14?
  12. There have been 2 forms the same, one from sadstones and the other from the court, titled 'notice of proposed allocation to the small claims track' the one from sadstones was already filled in.
  13. They have sent lots of papers asking for a paper hearing, a request for a special direction, track and 'about the hearing', what do I do with all this?
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