UKPCM/gladstones Claimform - PCN operator pix - pensby Road **CLAIM DISCONTINUED**

[BIDDIDOO]

sounding good. 

I have taken more photos and hopefully made the whole thing clearer.

Image list:

1 – front of the row of shops – indicating parking at rear.
2 – Entrance to rear of shops / parking area
3 – the rear area
4 – rear area

5 – the rear of the restaurant with the “parking at rear” sign on the front of the shop indicating my parked position (parked as such due there being obstructions / rubbish preventing parking closer to the wall)
6 - a parking sign from CPM nothing to do with the restaurant

7 - a parking sign from CPM

8 – No parking bay, designated area, nor road markings of any type.

Quote

 

 

cag phl photos.pdf

[ericsbrother]

so sigm says for restaurant use only but like any other shop there they dotn have the authority to give away all of the parking spaces that cover the entire block. As CPM wont have any authority to tell peopel how to park anywhere other than on their clients land how are you supposed to identify this land as there are no marked bays etc.

 

They will ahve to show some authority and a lack of signage as you turn into the side entrance that leads to the parking bays makes it impossible to consider anything othwr than the order to park there if using the restaurant and that is confused witht eh vets parking instructions.

 

Even if CPM has a valid contract the confusion wil make it impossible for any one to knwo what is being offered, esp as there is a prohibitive aspect to the offer anyway

[ericsbrother]

I was also hoping to see images of the front of the shops and a view down the whole parade so it is clear that it is a contiguous development and not a number of separately owned buildings. Also if there are any signs out the front we want those to appear in pictures as well. Unless you drive a buklldozer though the building to see where you end uphow are you supposed to know what business the signs refer to?

[BIDDIDOO]

I get what you are saying and I really need to file my defence but am still unsure of exactly what it should say? 

 

I have now also taken a picture of the entire row of shops but am Unsure what my 3 line defence should be at this stage. 

 

Sorry to need it completely laying out for me, but I just don’t  Want to get it wrong....

[ericsbrother]

reread this entire thread for starters, it is all here.

Yiou must understand that YOU have to do the work becasue YOU are being sued and YOU will have to attend court and defend yourself. We cant hold your hand and answer questions for you so you have to understand what is going on and it will be better if you write what you think it shoud be and we will offer advice on polishing it up rather than you copy someone else's homework

 

so pointers.

no contract formed because....

no keeper liability, no locus standi as their agreement is with someone who has no authority to enter into such a contract

the signage is unclear/misleading/ not applicable to where your vehicle was at the time

no planning consent for signs

so reread the thread and pick out where these points are made and see what else is said about the whole thing. there will be more detailed points you can make later but you need somehtig to hang the other arguments on

 

I once spent 2 days going through accounts to enable a friend of mine to sue an ex-tenant of his for the correct amoutn as payments over the year had been sporadic and piecemeal.

Once all the accounts were done all he had to do was to show that £x was owed from jan and then another amount from feb ect until you reached the final bill at the end of the year plus the statutory interest. the judge asked him how much in total was owed and he said " I dont know, someone else did all the paperwork"

It is your business to know so best you do as asked and write something dwon. We arent here to belitte you but to hopefully get you to understand what needs to eb doen so it is less scary

[BIDDIDOO]

Thank you. 

I did take further pictures (uploaded) and shall now formulate my defence based on your helpful pointers. 

 

cag rwu.pdf

[ericsbrother]

post it up here for us to read then.

One point you will need to remember for the actual witness statement. there is no street number that is obvious on either the front or back of the building and that plays to your advantage and the shoddy sign at the front has limited no parking times and says no parking outside designated parking bays. Well, the whole of the rest fo the world would be covered by this idiotic term and there are no marked bays anyway so they are offering nothing to consider and that means you cnat breach thier terms because they have no offer, consideration and acceptance.

[AndyOrch]

Topic open

[BIDDIDOO]

I thought this case had gone away after posting my defence and hearing nothing back. 

Yesterday I received a

'Notice of proposed allocation to the small claims track'

It tells me 

This is now a defended claim. The defendant has filed a defence but there is no copy enclosed

I have the option if i believe the small claims track to be inappropriate to explain why

It also offers me the opportunity to enter into mediation or settlement.  

What do you advise? 

Many Thanksparking small claims.jpg.pdf

parking small claims.jpg.pdf

[AndyOrch]

 

[dx100uk]

2yrs late?

whats going on here?

 

dx

 

[AndyOrch]

In that case BIDDIDOO have you been notified that the claimant made application to lift the stay before receiving the DQ ?

[brassnecked]

Strange that lift stay after 2 years, are they hoping people hae moved so can get a naughty Default?

[AndyOrch]

There cant be a default judgment if the claim was stayed brass...it must follow the normal process of a defended claim.

[BIDDIDOO]

This is the first I've heard since submitting my defence in August 2019. 

So.........

No to mediation?

Am i advised to go to small claims court? 

[dx100uk]

Why not go ring northants bulk and ask why an n180 has been sent almost 2 yrs after the claim was auto stayed

Something is not right here

[brassnecked]

Thanks Andy I was thinking if someone moved and didn't iform Court/Claimant and they sent details of intention to try to lift stay and proceed they might try to go for a default if no replies.

[AndyOrch]

But if your lifting a stay then that implies the claim was acknowledged and a defence submitted....hence no default judgment 

[FTMDave]

BIDDIDOO, could you please post up a copy of the defence you filed?

[BIDDIDOO]

Ironically, 

I've recently disposed of all the information pertaining to this case. 

Was sure it had gone away. 

Will there be an online record?

[dx100uk]

29 minutes ago, dx100uk said:

Why not go ring northants bulk and ask why an n180 has been sent almost 2 yrs after the claim was auto stayed

Something is not right here

 

[BIDDIDOO]

As far as I remember: 

It was challenging that signs had no planning consent. 

No contract was formed because...

No Marked bays

[AndyOrch]

So you most probably did get a copy of their application to lift the stay but binned it.....

 

Too late to worry now ...simply complete and file the DQ by date now and lets proceed...although a copy of your defence would be helpful if you still require assistance once this has been allocated.

 

Andy 

[BIDDIDOO]

Have definitely had nothing since filing my defense.

Just spent 20 mins on hold to Northants before being cut off when getting to first in queue.

What's the DQ please?

[AndyOrch]

Post #61 above