GEMINI/County Court Business Centre Claim

Legacy_user · 3 October 2017 at 9:41PM

Small Claims Court Letter
Hi, I wonder if you can advise what is the best procedure to follow. A PCN incurred at Stepping Hill Hospital from GEMINI on 13/11/2016. No Notice to Keeper/Driver received, only communications from a third party solicitor. The latest communication is from County Court Business Centre in Northampton with PCN number not mentioned or time of ticket - includes charges for court fee and legal representative's costs.

I was considering a defence of no Notice to Keeper/Driver and I thought it worth mentioning that the PCN number has never been mentioned in any correspondence. All correspondence has been demands from third party Gladstones who appear to have name and address of keeper and nothing else

I am struggling to decide which is the best form of defence to choose.

System · 4 October 2017 at 12:08AM

I have composed this defence for the County Court, would you be able to check it for me to make sure it is suitable for submission - thank you

Coupon-mad · 4 October 2017 at 1:17AM

Gemini Parking Solutions’ PCN fails to comply with the Protection of Freedoms Act 2012 (POFA).

But you said there was no PCN at all, so that makes no sense.

The defence draft reads like a POPLA appeal (except from your point#8 onwards, which is more defence-like). It's not reading like the example defences in the NEWBIES thread. Have another look, defences are in shorter numbered sentences, not long 'blurb' like we use to win at POPLA.

System · 4 October 2017 at 1:37PM

Hi, Thank you so much for your remarks, I will adjust the defence. I can not find any evidence of the PCN number, certainly not on the CCBC Claim Form. This is why I find it difficult to defend. No Notice to Keeper/Driver, just demands from Gladstones to contact Debt Recovery Plus with no ref for PCN. I'll do the letter again.

Redx · 4 October 2017 at 1:42PM

look at other GLADSTONES court claim threads from THIS YEAR ONLY

look at the sections that state there are scant Particulars Of Claim (POC) , where people say until they have those details they reserve the right to add to a defence

the ones that ask the judge to strike out the claim due to a lack of detail

the ones that ask the judge to insist on a POC and an extension to allow you to respond to those details when known

its poor details that give you more to rubbish the claim in the first place

why are you NOT reading ones like this one below yours ?

http://forums.moneysavingexpert.com/showthread.php?t=5698354

System · 7 October 2017 at 8:36PM

I have looked at lots of defence letters and tried to pick the relevant bits from each. I am composing this defence for someone else. Given the solicitors appalling presentations I have been checking the scant info on the claim. It manifest that Gladstones ref number matches a ref number (not a PCN number) on a debt collection letter from January. On the debt collection letter there is the PCN number and the date of the contravention - the date being in oct 16. The date on the claim is Nov 16. The keeper assures me that the ticket incurred in Oct was definitely the only one. The keeper is currently enquiring if she was working on the date mentioned on the claim. Its looking increasing possible that the date is spurious. However I would be grateful if you could check my latest attempt please.

System · 13 October 2017 at 3:08PM

Would anyone be able to check the draft in the previous post. to see if it is OK to send?

Thanks

claxtome · 13 October 2017 at 5:50PM

So you got no PCN on car nor received anything through the post strange. I think the defence is reasonable but suggest the following. More experienced members will help further...

3. Gemini has not provided any Parking Charge Notification Information nor a Notice To Keeper (NTK)

I suggest that you refer to relevant part of Schedule 4 of POFA Act in your defence->
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
Particularly para 9 (4) as 9 applies if no notice to driver given.

claxtome · 13 October 2017 at 6:01PM

Suggest for more details of POFA Act see this thread:
http://forums.moneysavingexpert.com/showthread.php?t=5726939

System · 13 October 2017 at 11:22PM

Thanks for your help, I had a quick look and will update tomorrow. No PCN number on the County Court Claim or on Gladstone letters, only on Debt collection letter which refers to a different date. So, correct, no ticket on car for date mentioned on CC Claim.

claxtome · 14 October 2017 at 5:43AM

Also had another thought I am sure Gemini will have broken some of the regulations in their Code of Practice (CoP).
Gemini are BPA members as you can see by clicking the link below:
http://www.britishparking.co.uk/BPA-Approved-Operators

Suggest you read the BPA CoP by clicking on the link on this page:
http://www.britishparking.co.uk/Code-of-Practice-and-compliance-monitoring

Particularly section 20. Maybe just mention "as well as contravening BPA CoP" when you mention failing Schedule 4 POFA rules.

You might find it useful reading other sections of CoP as they may have carried out other misdemeanors - like signage etc for your car park. You could the signage in the car park against the guidelines as doubt it fully complies. So you can maybe beef up your defence - point 7.

The more work you put in reading these the more help you will receive from the regulars as it shows you are willing to help yourself.

GEMINI/County Court Business Centre Claim

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