Small Claim Received & Acknowledged.

KeithP

big_dan_ldn wrote: »

Mine is far simpler and is purely to highlight an blatant error in their solicitors filing court papers.

You defence cannot be just based on that.

The only reason any court papers have been filed is because the claimant asserts that you owe them money.

It is that alleged debt that you need to defend yourself against - nothing more.

big_dan_ldn

Ok, so then I get into starting to defend the actual ticket I got at a completely different location.

As said here in this forum previously it's their job to prove I was in the location they have put on the court documents?

big_dan_ldn

Ok, so I have beefed up my WS:
1. I have never received to my knowledge a PCN in the location listed in the particulars of this claim.

2. My vehicle at the time was never at the address listed in the particulars of this claim.

3. On the 13th May 2017 I was celebrating a friends Birthday at a bar called Four Quarters East, Unit 8 Canalside, East Bay Lane, Here East, Queen Elizabeth Olympic Park, E20 3BS. The location listed in the particulars of this claim; Queens Hospital, Rom Valley Way, Romford, RM7 0AG is 11.3 miles from where I was on the day in question.

4. I did receive a PCN whilst at said bar from Gemini Parking Solutions on the date in the particulars of the claim. I took my own photos at the time to highlight the lack of signage of where I was parked in readiness to defend that PCN. (i) Upon receipt of a parking charge notice from the claimant at the address I was on the day in question, I supplied them with this evidence, however they elected to pursue this matter via litigation.

5. Upon receiving the initial court documents, I had no knowledge of a PCN at the location written in the particulars of this claim. As such I sent a subject access request to Gemini Parking Solutions. I have included as evidence the e-mail chain (ii) relating to my subject access request. The SAR was submitted on the 18th January 2019. I didn’t receive the data held on me by Gemini Parking Solutions until 14th March 2019. This response enabled me to confirm that I did not receive a PCN at the location listed on the particulars of the claim. And my defence, whilst basic was testament to this confirmation. The data they hold on me clearly shows a dated and time stamped photo of my vehicle at a different location to those provided in the particulars of this case. I have included this document as evidence (iii)

6. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.


Hopefully now it's a little more acceptable?

KeithP

Paragraph 4 - I would suggest that you have no need to volunteer that information.

Do you need to say somewhere in the Defence where your vehicle was at the time if the alleged indiscretion?
Was it perhaps at E20 3BS with you?

big_dan_ldn

Ha! That was the point I was trying to make.

It's too late now as I have sent to both the court and the parking guys. Wanted to get it off before I left work and before the big holiday. From what I read on these pages judges get very upset with lazy solicitors from parking companies. They have got this wrong, they've made a basic mistake. If the courts are doing the job they should be I will hopefully be ok.

I will be writing to my MP as well, normal people not trained in litigation etc shouldn't be having to put in all this effort to defeat these opportunistic scammers!

I will take notes in court and obviously report back here what happens!

Wish me luck, and thanks for your assistance!

Dan

big_dan_ldn

Hi All,

After looking forward to my day in court against these clowns and after filling my witness statement (warts and all!) I today received their clients notice of discontinuance, which informed me the matter was now concluded!

Will be interesting if they try again with the correct court paperwork! Even then I am confident of winning, albeit with a much more comprehensive defence next time!

Thanks again for your assistance as always! Goes to show that these opportunistic scammers should always be fought!

Ralph-y

well done .... did you claim anything ?


Ralph:cool:

Coupon-mad

big_dan_ldn wrote: »

Hi All,

After looking forward to my day in court against these clowns and after filling my witness statement (warts and all!) I today received their clients notice of discontinuance, which informed me the matter was now concluded!

Will be interesting if they try again with the correct court paperwork! Even then I am confident of winning, albeit with a much more comprehensive defence next time!

Thanks again for your assistance as always! Goes to show that these opportunistic scammers should always be fought!

Yay, you win! :T

ANOTHER ONE BITES THE DUST!