Parking and Property Management Ltd v Mr M. 17/02/2017. Southampton [Claim reference withheld on request]
PPM issued Mr M a ticket for parking in his own space. Despite Mr M telling them this, they carried on regardless. Gladstones egged them on to court, but on the appointed day of the hearing no-one showed up.
The judge struck the claim out because of the non-attendance of PPM, but also confirmed he would have struck it out anyway because Mr M had a lease which includes the use of the parking space. The judge said it was very straightforward.
Gladstones were incompetent throughout the process. Firstly they failed to submit their statement and papers to the court on time. (They only submitted them following judges orders). Secondly, they failed to give the required 7 days' notice that they weren't going to attend. Thirdly, they carried on with this case when anyone with the slightest modicum of understanding of contract law would know that they couldn't succeed.
Prankster Note
The deluded heads of Will Hurley and John Davies continue to promote the fiction that the mere presence of signage automatically creates an enforceable contract. Sadly they have convinced many parking companies this is true and to take out court claims on the back of this.
As any proper lawyer knows, this is not the case and there are other hurdles to cross, such as having the ability to perform the contract and to actually offer some form of consideration to the motorist. And of course, in many cases, the little matter of the signage being prominent and readable.
Happy Parking
THe Parking Prankster
Lovely. "You've been Gladstoned", yet again. I'm hoping, indeed expecting to Gladstone the Gladstone lads and their (il)legal partners in the pick-pocketing of parkers in the next few weeks. I'll let you all know if I do.
ReplyDeletePretty much exactly the same thing is happening to me.
ReplyDeleteDirections questionnaire was submitted last month waiting for court date now