County court letter for PCN

Phoebe311

Hi I have received county court papers for being parked at my local gym where 3 of us that use my car are members. I have a book of pre paid parking tickets and always display these but started getting letters through. I have no way of knowing who was driving but am certain that it wasn't me. There is a ticket in my book for the correct date but don't know what time the ticket was issued. Looking for some tips for an appeal thanks

Redx

start by reading the NEWBIES sticky thread and especially the bargepole links for his recent EXCELLENT advice

Coupon-mad

Phoebe311 wrote: »

Hi I have received county court papers for being parked at my local gym where 3 of us that use my car are members.

I have a book of pre paid parking tickets and always display these but started getting letters through. I have no way of knowing who was driving but am certain that it wasn't me.

There is a ticket in my book for the correct date but don't know what time the ticket was issued. Looking for some tips for an appeal thanks

You can't 'appeal'. This is a time to defend.

come back once you have acknowledged the claim, as explained in the NEWBIES tread under 'Small Claim' where bargepole's advice and information post is linked.

Phoebe311

Hi thank you for your advice. I'm very green when it comes to threads and forums and searched for barge pole in advanced search and found noting. I scanned through all the threads and found one from barge pole dated 25th October does this contain everything or do I need to find the original too. I shall be following the advice so far for my defence, thank you

DollyDee_2

Yes, that's the thread Coupon-mad is referring to.

Coupon-mad will incorporate it into the NEWBIES thread when she has time but at the moment you can either access it via the link in the NEWBIES thread or go direct to Bargepole's thread.

Coupon-mad

Phoebe311 wrote: »

Hi thank you for your advice. I'm very green when it comes to threads and forums and searched for barge pole in advanced search and found noting. I scanned through all the threads and found one from barge pole dated 25th October does this contain everything or do I need to find the original too. I shall be following the advice so far for my defence, thank you

You didn't need to search, just go the NEWBIES thread at the top of this board and read all the advice under the heading 'Small Claim?' It includes example defences.

Phoebe311

Hi I'm not sure if you will still pick up comments on this thread it has taken me some time to find it. I took your advice and read the newbies thread and masses of other threads in order to compile my defence. I managed to get this sent off within the time scales etc. This was a standard robo claim from gladstones with no details. I requested details of the nature of the charge. I also requested photographs of the vehicle and signage and evidence that they are legally able to make this claim on behalf of the landowner. I also asked that thr court orders further and better particulars of the claim and for leave to amend the defence on receipt of further information. My response was for Gemini parking to email me (I have not provided them my email address) telling me that they have notified the court their intention to proceed. They have stated they have attached a copy of their clients completed directions questionnaire which is blank. They have requested a paper hearing and that they have elected not to mediate. They have also sent a blank n180. I then received a notice of proposed allocation to the small claims court. And an n180 to return and it says I must serve copies on all other parties. They has been no response to my requests for photographs etc as above and I have been given no opportunity to fully defend their claims. What should I do. Ow and how do I complete the n180 in these circumstances. Thanks for your assistance

Phoebe311

We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.


Yours sincerely

Phoebe311

REQUEST FOR SPECIAL DIRECTION

We kindly request that the Court send the N159 form (attached) to the Defendant for their consideration and, upon the Defendant consenting to the case being heard on the papers alone, the Judge makes the following direction;

“The matter will be considered on paperwork without a hearing. The parties attendance is not required and the Judge will determine the matter based upon the documents and evidence supplied and any written representations received.”

Notice of Allocation to the Small Claims Track
(no hearing)

In the


​County Court


Claim No.
To [Claimant][Defendant]

Claimant
(including ref.)

Defendant
(including ref.)


Date

Seal

District Judge ​has considered the statements of case and allocation questionnaires filed and allocated the claim [counterclaim] to the small claims track.
The judge proposes to deal with the claim [counterclaim] without a hearing, that is, on the papers alone but can only do this if all parties agree.
Please tell the court whether or not you agree to your case being dealt with in this way by completing the lower half of this
form and returning a copy to the court on or before ​. You must at the same time send a copy of it to all other parties.

Leaflets explaining more about what you should do and what happens when your case is allocated to the Small Claims Track are available from the court office.

In the
Reply to the court

Tick A or B and C

A
I agree that the claim [counterclaim]
should be dealt with on the papers alone.
​County Court
Claim No.

or

I do not agree that the claim
[counterclaim] should be dealt with on the
papers alone.
Claimant
(including ref.)
B

and
Defendant
(including ref.)
C
I have sent a copy of this completed form
to the other party.

Signed


Position or
office held


(Claimant) (Defendant) ('s solicitor) ('s litigation friend)

(if signing on behalf of firm or company)
Date


The court office at
is open between 10 am and 4 pm Monday to Friday. Address all communications to the Court Manager quoting the claim number.
N159 Notice of Allocation to the Small Claims Track (no hearing) (January 2002)​Crown copyright.

Coupon-mad

Hi I'm not sure if you will still pick up comments on this thread it has taken me some time to find it.

You could have clicked on your own username - one click and you find all your posts. We will have you using this forum like an expert in the end!

What you have described is exactly the same as always happens in Gladstones cases:

https://forums.moneysavingexpert.com/discussion/comment/71652066#Comment_71652066

https://forums.moneysavingexpert.com/discussion/comment/71805215#Comment_71805215

https://forums.moneysavingexpert.com/discussion/comment/71816749#Comment_71816749

Just three threads of dozens where this is already discussed.

Read hopsfield's thread and Gin and Milk's thread too, they've been there done that, got past that stage before Christmas.

Phoebe311

Smashing thanks the forms they have sent me have not been fully completed and have not been signed. There are numerous issues with their signage including a contact number if the pay machine is not working of xxx xxx xxx and one sign says charges 24 hrs and one says 8-6 or something similar so they contradict and also if I have a book of pre paid parking vouchers including some which have not yet been used how is there any loss to the landowner surely they owe me ! I shall read the above threads and thanks again for your help.