County court letter for PCN

Coupon-mad

All of that goes into your witness statement - a stage explained in the NEWBIES thread links under 'Small Claim?' where N180 'DQ' stage is also explained, question by question, by bargepole.

Phoebe311

Thanks for your help guys i managed to find the newbies thread and have completed the n180 just a couple of quick questions the notice of proposed allocation has the claimant as Gemini parking but everything else has been from gladstones who do I send the n180 to also for some reason my car is registered at Dvla with the finance company I bought the car from c/o me would this have a bearing on the location of the hearing as it is a ltd. Also I have been receiving letters in the company name only for another ticket but didn't open them as I didn't think they were for me therefore they have now been ignored. Wou,d this therefore be a failure to notify me of the original ticket and what should I do. Thanks again

Coupon-mad

the notice of proposed allocation has the claimant as Gemini parking but everything else has been from Gladstones who do I send the n180 to

To the Court, and a copy to Gladstones, as they act for the Claimant.

also for some reason my car is registered at Dvla with the finance company I bought the car from c/o me would this have a bearing on the location of the hearing as it is a ltd.

No, but in the N180, state YOUR local court and give YOUR postal address for service - and put a covering letter attached to the N180 to the court and to Gladstones, asking that they please amend the details to you at your home address, removing the Ltd company.

Also I have been receiving letters in the company name only for another ticket but didn't open them as I didn't think they were for me therefore they have now been ignored. Would this therefore be a failure to notify me of the original ticket and what should I do.

Open the letters and see where you are at regarding that ticket and start a new thread about that one here, to save confusion and to get the best dedicated advice, as I assume that one is not at court stage.

Phoebe311

Hi guys so this is where I'm now at.

I sent my n180 with my name and address and requested that the matter was sent to my local court. I emailed the court to explain that i am a person and not a ltd company. The matter was transferred in error to their local court. I then emailed that court regarding the error and again requested it be transferred. I then received a general form of judgement or order.

Upon considering the court file the judge has ordered that

1 unless by 4pm on the 14th day after service of this order the claimant files and serves on the defendant amended particulars of claim which comply with the provisions of cpr rule 16.4 and practice direction 16 para 3 the claim shall be struck out without further notice.

2) any amended particulars of claim must
A) clarify the identity of the defendant and the relevance or effect of the words "c/o xxxx xxxxxxxxxxxx"
set out the facts on which it is asserted that the claimant has a cause of action against the defendant
C) identify the relevant obligation of the defendant to pay parking charges and the relevant land on which the parking is said to have occurred
D) state whether the claim is brought in relation to a relevant contract or in respect of an alleged trespass or other tort.
3) upon filing of amended poc the claim be referred to the district judge for further direction.
4) because this order has been made without a hearing the parties have the right to apply to have the order set aside varied or stayed. A party making such an application must send or deliver the application to the court (tog with any app fee) to arrive within seven days of service of this order.

Coupon-mad

C) identify the relevant obligation of the defendant to pay parking charges and the relevant land on which the parking is said to have occurred
D) state whether the claim is brought in relation to a relevant contract or in respect of an alleged trespass or other tort.

oooo! That Judge has been reading the POFA (those words are from Schedule 4)! ASTONISHING. Nice one.

Hooray, same sort of thing as backtobasix and Jack Basta achieved! The former has just posted about his Order to strike out from his Judge and here you are with your one!

Which Judge (name) and court, please, did that Order come from YOUR local court?

Phoebe311

The claimant emailed their amended particulars of claim. Which stated that they do not accept emailed papers so I emailed back and stated that I also decline to accept service of papers by email. This was within 7 days of their deadline. They then failed to serve the papers within the deadline.

In their response they fail to respond to the relevance of the c/o. They also fail to identify the time of the alleged incident which still leaves me in a position where I can not fully complete a defence. They have not provided a copy of the contract but merely sent a photograph of a sign which they state are the contract. They have still not provided any evidence that my car was even there or without a ticket. Should I write to the judge to notify him of these omissions or should I write again claimant. The claimant does not respond to any of my leyptters or emails.

Phoebe311

hi this was District Judge Hovington at CC Manchester no not my local court as they are still treating this as a ltd company and I am still trying to get it moved to my local Court. I have now found out that my vehicle is in error registered to the finance company I bought my car from and therefore they are named as the defendant c/o me therefor ntk etc has all been in a company name.

Coupon-mad

Ah now Manchester have quite a new and shining reputation building, as 'getting it' about the private parking firms' feeding frenzy court scamathon!

https://forums.moneysavingexpert.com/discussion/5603030

Hat tip to the Judges at Manchester for discussing private parking cases and kicking them out.

Maybe you GOT LUCKY!

Phoebe311 wrote: »

I have now found out that my vehicle is in error registered to the finance company I bought my car from and therefore they are named as the defendant c/o me therefor ntk etc has all been in a company name.

I would get that put right by the DVLA by emailing them or writing to them now, just in case this rears its ugly head again in a month. You need to show you are definitely not a company and need the case heard locally, as is your right.

Should I write to the judge to notify him of these omissions or should I write again claimant. The claimant does not respond to any of my letters or emails.

Leave it and concentrate on getting the DVLA to amend the V5 so if this case starts up again it can be switched to your local court because you will then be able to prove the c/o address was a DVLA error. You must then insist the case must be moved to your local court in the interests of justice and in accordance with normal court procedure when a defendant is an individual.

Do nothing for now except to contact the DVLA. Later on if it gets switched to your local court and looks likely to have a hearing, then you must serve a Witness Statement anyway (and any evidence you intend to rely on) and can also rebut their lack of evidence then.

Phoebe311

hi coupon

What about the fact that they did not meet the deadline with the service of their documents. I know if I was 2 days late they would have requested a judgement in their favour. So I now just sit and hope that the judge reads their response and sees the gaping holes and throws this out? I still don't have enough information from them to enable me to put together a full defence which is worrying as i see from other threads they produce evidence last minute and leave no time for a proper full defence to enable me to rely on all the facts for my future witness statement.

Phoebe311

Thanks again coupon for your help. I will get on to dvla tomorrow. Just read the link you posted. �� So glad to hear that judges are now seeing these scammers for what they are!!!