Gemini, Gladstones, SCC, Hospital car parks

AntrimMark

The contract says it will 'automatically terminate' if not renewed. No evidence of renewal in the bundle?
There is no evidence of renewal in the bundle.I calculate they should have renewed by 11th July 2014 i.e. two anniversaries have passed before the alleged PCN's were issued so they should be able to produce two renewals?
However, if the Trust has been paying the Annual Licence Fee is the contract deemed to continue?

the contract says that claims will only be pursued 'on your behalf'
Which clause please, I've read if 4 times and missed it each time?
Presumably it implies:
"Gemini (unlike ParkingEye in the Beavis case) are agents with no standing"?

Does it read that the £4,899 is a payment made to Gemini?
It's defined as an Initial Licence Fee.
4.1.7 is an obligation on the Trust to "pay to the Company on the date of this agreement the Initial Licence Fee and on each anniversary of this agreement the Annual Licence Fee"

3.1.6 says the Company shall at all times in connection with provision of the services "pursue for payment any user of the Location who has been issued with a PCN......including without limitation taking any legal action...."
Doesn't that give them the authority to sue?

in this case there is no evidence the Trust even issued PCNs
There are no PCN's in the evidence bundle.
Is it correct that the windscreen photograph is no evidence because there's no proof of what was in that yellow packet? Could the judge find that it was a PCN on the BoP?

I've read through the Molly thread and as I understand it her case was the absence of right or capacity to bring an action to court by the parking company.
My arguments for locus standi are:
1) the Claimant's evidence is a contract with no evidence of renewal
2) Gemini are agents (although I'm not sure how I can argue that)

Reading about the BoP has thrown me. I'm concerned that most of my arguments will get turned on the BoP. They have no evidence of signs, PCN's, location of the vehicle etc but is that enough?
My WS says the Defendant is not the driver, however I'm concerned now that the judge will find on BoP the contrary as it's the Def's place of work and there are three seperate charges. I've not provided evidence to say Def was elsewhere at the time(s).

Starting to feel nervous.

AntrimMark

Couple of questions about this:
1) The Judge (DJ Lettall) instructed the WS be filed at the Court and on your opponent "by 4pm on 25th July". I emailed mine to the both at 2:30pm that day and have the receipt.
I got a response from the court saying they couldn't print anything over 30 pages (mine was 153).
I hand delivered a hard copy the following morning, then emailed them to confirm the date of service. The response said "the case screen to show a witness statement being received from the Defendant on 26th July 2017". Am I on shaky ground with the judge on this?

2) Their WS was posted 25th July. As deemed postal service is 2 days after the date of posting, that's the 27th, 2 days late. Given point 1, should I be objecting strongly to the judge?

3) A quick google on the judge shows he's hot on PoC and compliant signs so I'm using LoadsofChildrens SA from the newbies thread which is a goldmine. I wish I'd read it earlier. Has anyone got any other experience of this judge?

Umkomaas

I got a response from the court saying they couldn't print anything over 30 pages (mine was 153).

Wow, that must be over 60,000 words. First Class Honours Degrees have been awarded on far fewer words. I hope the judge has plenty of time (and patience) to read your WS. How come it's exploded to 153 pages, when just over a week ago it was a mere 18 short paragraphs when Coupon-mad critiqued it?

The Judge (DJ Lettall)

Has anyone got any other experience of this judge?

Are you sure this is definitely the judge who will be involved on the day? Do you have a confirmed court date?

AntrimMark

Umkomaas wrote: »

Wow, that must be over 60,000 words.

The WS itself is the same size, but as evidence I included:
PD 16
CPR 16.4
POFA 2012
Greenslades report (the relevant section)
Beavis Sign
BPA CoP
Land Registry title, Car parks plan and aerial photos
Wage slips and parking permit
UPC v Masterson, PCM v Bull, Vine v Waltham
The Landowners Parking Policy
As well as about 50 photos showing a very large site (5 car parks,1000 car parking spaces) with scant few photos of signs.
And a memory stick with a drive thru video of the whole site.

Umkomaas wrote: »

Are you sure this is definitely the judge who will be involved on the day? Do you have a confirmed court date?

The Notice of Allocation to the Small Claims Track (Hearing) says:
DJ Lettall has considered the statements of case and DQ and allocated the claim to the small claims track"
His bench region is Northern and the Parking Prankster blogs where he's ruling are all in Stockport. The hearing fee has to paid tomorrow and the hearing date is in a few weeks.

Umkomaas

I think with a lot of those an extract of the relevant paragraph/section might have been sufficient.

As an example - your PoFA 2012 inclusion, was that the entire Protection of Freedoms Act, or just Schedule 4 of it?

If you have included huge swathes of Acts/transcripts/judgments etc, be ready to direct the judge to the part that is relevant, so have those specific pages/paragraphs on a crib list in your pocket, for quick reference, rather than scrabbling back and to through pages and pages trying to spot it while under pressure.

AntrimMark

Just schedule 4.
In my naivety I put more than necessary in, rather than leave anything important out.
I'm working on a Skeleton Argument now which will have the specific paragraphs I'm relying on in it, hopefully the judge won't need to go through the rest of it.
Thanks for the advice re the crib list.

AntrimMark

Good news.
Letter from the court today, its been "struck out and the hearing vacated for failure to comply with paragraph 5 of the order dated 27/6/17".
I don't have the court direction here just now but presumably they didnt pay the court fee which was due on the 4th. The only other direction was to submit evidence which they had done.
So Gemini/Gladstones 0, AntrimMark 3.
I'd like to think my skillfully crafted defense and WS scared them off, however I suspect, as in everything else, their incompetence has defeated them.
Thanks to everyone who contributed and helped out, I'm very grateful.

nosferatu1001

Nicely done
Let the prankster know!

Coupon-mad

Great news! WELL DONE!