Galdstones Court Claim

je2018

Hi all,

I am hoping for some help.

I received a PCN from Gemini Parking Solutions in January 2017. The PCN was originally issued for not displaying a valid pay and display ticket in the car park of a local swimming pool. This was due to the parking machine not accepting the coins that were being used at the time. The ticket was issued while assistance was being sought in regards to the machine not accepting coinage!

I initially disputed the PCN on several grounds, including the cost of the PCN, which absolutely does not reflect the loss of 20p to the parking company. I also raised points about the signage, which is of poor quality, not in close range to the ticket machine, is in very small lettering and is not lit - the ticket was issued on a dark evening. I also disputed whether Gemini Parking had an adequate contract with the land owners. I requested a POPLA code on several occasions, which was not provided - they claimed they did not receive an appeal within 28 days, and I can not find proof of postage for this. I disputed the PCN as the keeper of the car, not as the driver at the time.

I appealed to the management of the fitness centre, but they have been unable to help so far.

Eventually I stopped receiving correspondence from them and assumed that the issue had been dropped. However, I have just received a claim form from the County Court Business Centre in Northampton regarding this PCN. I would be very grateful for advice on how to proceed. I have read through some of the forums, but would please like some specific advice applicable to my individual case if possible. I would like then to form a valid defence to hopefully have this thrown out of court. I would be very grateful for any help.

I have acknowledged the claim. I am also due to send an SAR tomorrow - I would like to know if I should send this to both Gemini and Gladstone's?

The particulars of the claim are:
The driver of the vehicle registration incurred the parking charge(s) on 20/01/2017 for breaching the terms of parking on the land at [ADDRESS OF LEISURE CENTRE]. The defendant was driving the vehicle and/or is the Keeper of the Vehicle.

I have looked through several of these posts which have been very helpful. However, I am struggling to put together a defence, having no legal background whatsoever, and was hoping that someone here could help me to formulate a defence, or point me in the direction of a couple of templates/previous similar cases that I could use to start writing one?

Any help would be much appreciated - apologies for the long post!

I look forward to your replies!

Many thanks

Umkomaas

or point me in the direction of a couple of templates/previous similar cases that I could use to start writing one?

The NEWBIES FAQ sticky, post # 2 deals with how to handle a court case. Have you read that yet please?

having no legal background whatsoever, and was hoping that someone here could help me to formulate a defence

No more than 3 or 4 people here have either. Research is the key. We need to manage expectations in terms of what is possible.

Redx

do the SAR asap and if their paperwork does have that initial appeal then complain to the BPA about the lack of a popla code once you receive it

also bear in mind that this forum is NOT a legal help forum, this is a consumer rights forum and mainly about parking and pcn,s not court cases in the small claims court

read this https://forums.moneysavingexpert.com/showpost.php?p=75126216&postcount=46

nobody here will help you to formulate a defence or take up your stick, but if you read the examples linked in the NEWBIES thread, especially the BARGEPOLE ones, draft your own defance and post the draft, you may get some assistance although recently I havent seen hardly any of the usual people with some experience and/or qualifications posting on legal cases, but there were very few to start with and this forum is overwhelmed with court case threads that really should not be here (read my signature)

post the DATE OF ISSUE and POC and charges breakdown and then start to draft your bespoke defence (there are no "templates", just examples of good (and bad) ones) , like this recent GEMINI one https://forums.moneysavingexpert.com/discussion/5891434

the drop down forum search box will also help you to find similar ones, with the correct search words, so use the forum tools to your advantage, becasue we rarely see anything "new" on here, its all S.S,D,D, like Groundhog Day

KeithP

What is the Issue Date on your Claim Form?