Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP! - won

[ostell]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

There is another claim around where the nursery have put up a big red portable sign in the area saying basically the same as the small notice in the pictures in post #12. These signs make no mention of parking restrictions outside the times then surely the consumer, when there is conflict, can take the most advantageous option?

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

There is another claim around where the nursery have put up a big red portable sign in the area saying basically the same as the small notice in the pictures in post #12. These signs make no mention of parking restrictions outside the times then surely the consumer, when there is conflict, can take the most advantageous option?

Contra proferentem rule

The contra proferentem rule states, broadly, that where there is doubt about the meaning of the contract, the words will be construed against the person who put them forward.

M1

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Me again. So it's about a week since we notified the court of our intention to defend the claim, and also emailed Gladstones - no reply from them, as predicted.

I want to start putting together our defence case to forward to the court, but am unsure as to how to start going about doing this. Any advice would be very gratefully received.

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Contact Gladstones and ask

1. Did they get it.
2. Why haven't they replied.
3. Will they reply.
4. For an email address so you can send an overview of your call for potential later use.

M1

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Thanks. I'll contact them tomorrow as per your message

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Not having much luck getting through on the phone - it keeps coming back as unobtainable or engaged. I will keep trying but should I drop them another email in the meantime to explain that 7 days has passed and I am going to contact the court with a view to applying for an order to compel them to replead the case?

[Davew2811]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Not having much luck getting through on the phone - it keeps coming back as unobtainable or engaged. I will keep trying but should I drop them another email in the meantime to explain that 7 days has passed and I am going to contact the court with a view to applying for an order to compel them to replead the case?

I have actually just this minute spoken to them about my own case. (so might be worth you waiting a day or so now?)

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.

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

I just read through your thread Dave - and saw that reply. Surely the it's irrelevant whether you know what they are claiming for, and putting full details of the claim should be a legal requirement?

[Davew2811]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Well I'm not a legal expert so I don't know, that's why I'm taking advice on here

All they said was that as far as they were concerned there was enough for me to know what they were talking about and they will not do it unless the court orders them too.

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Me neither - that's why I'm here too. Did you get a different Gladstone's email address to the enquiries@gladstones one?

[Davew2811]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

I haven't sent them an email yet until I hear from the guys on here but I will use the same one ..

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

It is a requirement to plead a case properly. Some judges will just fudge it, which we should be ready for but we will concentrate on matters as they stand and keep that up our sleeve ready to change tack if required.

I'll be sorting out a defence towards the weekend.

M1

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Edit to suit.

Paul1909ukdef.rtf

M1

[paul1909uk]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

M1, thanks very much for this. I've submitted the defence (edited to suit) via the online system. Is there anymore that needs to be done at this stage?

[mystery1]

Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

Nothing major.

Research the parking issues etc in case they are needed and make records of expenses and time to deal with it so you know how much to claim in costs.

M1