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Court claim by solicitors firm

Hello,

I am currently a defendent of a claim made by solicitors on behalf of a star sign named parking company, lets call them Scorpio.

I have not had the opportunity to follow most of the steps outlined in previous posts as following receipt of the original PCN on my windscreen and my subsequent contact with Scorpio to resolve I received nothing more from them until I received court papers.

My defence is based on the fact that Scorpio said they would look at my appeal and then nothing further happened until I received court papers.

I had sent an original appeal within 14 days and this was not received. Having not heard back I then followed this up with an email to Scorpio who told me that if I had evidence of sending this appeal to them then they would consider. I replied to state that I did not have evidence. Scorpio then emailed to say that they would consider without the evidence.

I heard nothing back until I received court summons.

I don't think that they have allowed me the opportunity to appeal the PCN despite saying they would.

Are there any previous examples like this?
Any advice gratefully received.

thanks

Comments

  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 23 February 2017 at 3:24PM
    ok , dont do guessing

    name of parking co
    name of solisitors

    have you recieved ACTUAL court papers or just threats

    give some proper answees if you want help


    or is it gemini parking and gladstones
  • catfunt
    catfunt Posts: 624 Forumite
    Fifth Anniversary 500 Posts Combo Breaker
    No need to be cryptic.

    Post as much info as you can - just doin't be too specific on certain things - have a look at https://forums.moneysavingexpert.com/discussion/5532696 which gives a list of things to avoid posting.

    Other than that, the more info you can give, the more help you are likely to get.
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    zehrazahir wrote: »
    I am currently a defendent of a claim made by solicitors on behalf of a star sign named parking company, lets call them Scorpio.

    No, lets call them by their proper name, so you can get some informed advice. I assume we are talking about Gemini Parking Solutions London Ltd?
  • Karaman
    Karaman Posts: 16 Forumite
    Seventh Anniversary 10 Posts
    Thanks for the feedback.

    Gladstones are acting on behalf of Gemini. I have received court papers, acknowledged them and have now received Notice of Proposed Allocation to the Small Claims Track.
    Gladstones have said No to Mediation and requested to have the hearing on paper and if not that it is heard at their local court.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    no to paper hearing and it will be at YOUR local court not theres
    Save a Rachael

    buy a share in crapita
  • Karaman
    Karaman Posts: 16 Forumite
    Seventh Anniversary 10 Posts
    Gladstones have written to me to let me know that they have elected not to have mediation as they don't think it's useful in these cases and have requested a special direction to have the case heard on paper.

    In the paperwork I have received from the court I am asked if I agree it is for the small claims track and whether I would like to try mediation.

    I also have the option to fill in Hearing venue details, Expert Evidence, Witnesses, Hearing....

    The notes section on the form say if the claim is a designated money claim then the case will usually be transferred to claimants preferred court or defendants home court as appropriate.

    How is appropriate determined pls?
  • Half_way
    Half_way Posts: 7,549 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    and have requested a special direction to have the case heard on paper.
    Do not under any circumstances opt for a hearing on papaer, it will put you at a distinct disadvantage[/B]
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    is this the form that sadstones have sent?

    read this , and ask questions if needed https://forums.moneysavingexpert.com/discussion/5546325
    Save a Rachael

    buy a share in crapita
  • Coupon-mad
    Coupon-mad Posts: 155,728 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    zehrazahir wrote: »
    How is appropriate determined pls?

    It is simple. You are an individual person so you get your home court.

    For the way to respond to Gladstones letter by putting a covering letter in with your Directions Questionnaire (to the court and a copy to Gladstones, and do NOT use the DQ version they enclosed!) read the threads by backtobasix and Jack Basta.

    Read those now and follow suit. Find those two threads by searching the member's list and in their profile, then clicking to read their posts.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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