Court: Hospital scratchcard.

t0d

I worked in a hospital a couple years ago and got fined I ignored the letters as was instructed on the forum.

However now I have a geniune court summons! What do I do?

I'm accused of not scratching the scratchcard on 2 different days. They haven't sent me any proof. I'm guessing they would have sent it if they have some right.

Please help!

spacey2012

Are you sure it's genuine and have they sent any letters before action.

t0d

Yea I got the letter chain. Roxburge. GPB solicitors etc. Then I think I got the letter before Court action one.

This one has stickers and a stamp. I think it's the real deal and so is worrying me as i work in a profession where you can't get marks on your record!

HO87

There is rarely anything - from an evidential point of view - attached to county court documents - a Particulars of Claim (which is what it is assumed you have). The evidence comes later.

Who has issued the claim? The hospital (don't name them yet) or Roxburghe or GPB?

t0d

GPB solicitors on behalf of Apcoa and yes Particulars of claim.

However I don't understand it because it says Particulars of claim (attached) (to follow)

And then lists the claim and fees etc.

HO87

This is a fairly standard ploy used in the hope (I believe) that the recipient will be sufficiently shocked to want to pay up and saves them the time and effort to complete the individual details. You say that the PoC "has stickers and a stamp" which court did it originate from?

GPB have 14 days from filing the claim against you to serve the promised details and you have a further 14 days from receipt of them to respond yourself. When was the claim filed (the filing date is shown on the PoC)?

Secondly, is this something you actually want to fight? - Don't answer that here.

t0d

It says Northampton County Court with a sticker with a code over it and a Northampton County court seal on it.

Then where it says preferred court it says Nottingham.

About fighting it, well I can't see how they can have any proof? They haven't sent any throughout this process. If they have gone this far does that mean they do and they think they will win?

Coupon-mad

This person on pepipoo didn't send a defence in (can't recall if he didn't get some paperwork or if he was lax) and got a default judgment against him that he was planning to try to get set aside:

http://forums.pepipoo.com/index.php?showtopic=73692

But the thread stopped there. Same issue as you I think but seem to recall he hadn't got a scratchcard on lots of occasions.

And this one wasn't updated at the end either:

http://forums.pepipoo.com/index.php?showtopic=77670

but has some useful advice too, including some suggested defence points.

Here's the usual link I give to people with a small claim (the links as you follow them, lead to lots more). You basically need to rebut every point they make and cite case law (but you need to read through and understand what you are citing, and word the defence yourself):

https://forums.moneysavingexpert.com/discussion/comment/63033805#Comment_63033805

I suspect they have little in the way of proof except a photo of your windscreen, but are hoping you will just fold and pay.

If they are suggesting you didn't buy a scratchcard then you could counter that with saying you always did buy a scratchcard but perhaps the scratchcard had slipped that day...who knows...too long ago to be sure and you never saw a parking ticket (and ignored the letters they sent, as any intelligent person might have done, since they are known to be scam letters as outed on Watchdog in the past). And seeing as you always bought a scratchcard you knew you had done nothing wrong at all. Maintain the moral high ground in your detailed defence - and in court if it goes to a hearing with a judge deciding - and show their charge to be unenforceable and punitive.

If they are saying you didn't display the scratchcard, then you have to counter that argument too; rebut EVERYTHING they say, blow by blow. Your answer there could be 'yes I always displayed my scratchcards and I have no idea if later in the day, when the APCOA employee squeezed between the parked cars, he may have dislodged it or if the wind or another car caused it to move if APCOA are saying it wasn't there later on...how could any employee have known. And surely if APCOA really wanted Hospital staff to have a secure way of displaying scratchcards, as a BPA member of the AOS scheme they should have provided a mechanism to facilitate that so genuine staff members were never penalised. They should have made the scratchcards sticky, to attach to the dash or windscreen or provided a display wallet to attach to the mirror, for example. Because they didn't bother to protect staff from such common events as flipped permits, when I got their hysterical and spurious debt collector letters I researched the firm APCOA and found that their whole industry did not have a good reputation (understatement) and never allowed appeals. And so I decided their agenda was clearly profit alone - since there had clearly been no loss caused to them nor the hospital - and ignored their spurious and wholly punitive 'charge' until now when I am being forced to defend my actions 2 years later.'

The above spiel is more designed for something genuine for you to say to the judge. In your actual defence your points should be bullet points and short paragraphs, stating that there was no loss caused and so the charge claimed is a disproportionate penalty; rebutting every aspect of their particulars of claim and previous letters, and mentioning the case law and unfair contracts law you wish to rely on.

Read the links to realise that this is NOT a summons, not a criminal matter, isn't even in a large court (can be just sat at a table discussing both sides) and doesn't even mean huge costs nor even a CCJ if you lose...as long as you did then pay. 'Scary, but may as well defend it then' would be my view; you can even opt to have it heard in your absence but if it were me I would be there in person pointing out it's an unlawful penalty because you always paid and so there was no loss & all the other arguments from your defence (points that you will find in those last links that lead from the one I have just posted).

HTH

13eastie

I, too, have today received a County Court Claim Form from (Northampton County Court) relating to a parking "fine" awarded by Apcoa Parking more than two years ago in a hospital car park.

The claim is again being made by GPB Solicitors LLP on behalf of Apcoa Parking (UK) Ltd.

Having had unreasonable and nonsensical responses to my appeals to both Apcoa and the NHS Trust at the time, I have not responded letters from the Roxburghe, Graham White et al.

I am presently minded to contest the claim, which is frivolous and unreasonable, and plan to take legal advice.

Does anyone know of a solicitor specialising in defending this type of claim in London?

Many thanks.

Coupon-mad

Welcome to MSE.

You would be utterly wasting your money on legal advice unless it's free (such as if your car insurance or home insurance policy provides free legal cover). You DO NOT need a solicitor for a small claim hearing (it's just a decision by a judge between the two parties, in a room around a table, most likely).

We will not recommend a solicitor for that reason, what on earth is the point of spending money you cannot reclaim in court? Small claims is not a criminal court, can't involve reclaiming huge 'costs' (not for the PPC either, so you wouldn't get hugely 'stung' even if you lose). It's simply a final decision in the county court nearest yourself, to resolve an issue and involves people like you defending their situation and either paying or not paying in the end, depending on what the judge decides.

You posted just under a reply from me with links to what is, IMHO, pretty much all the advice you will need to defend this. Follow the links and read the threads that link from each one, copy & paste staff that's useful. Do as advised above and aim to rebut every point, blow by blow (any point not rebutted is deemed accepted by you!).

Acknowledge the claim within 14 days then prepare your defence to submit by day 28 once you have extended the deadline, you have the advice & links above to go on.

And if you post again please start your OWN new thread. ONE CASE, ONE THREAD ON HERE PLEASE.

Umkomaas

t0d wrote: »

It says Northampton County Court with a sticker with a code over it and a Northampton County court seal on it.

Then where it says preferred court it says Nottingham.

About fighting it, well I can't see how they can have any proof? They haven't sent any throughout this process. If they have gone this far does that mean they do and they think they will win?

Is Nottingham near to you? Normally YOU select the county court, not them.

Are you sure this is a genuine document? Or is it a fake (photocopy) mock-up designed to put the frighteners on?

You can check online its provenance. Do that to make certain what it is - get back to us then.