Set aside defence help please

Igab17

Hi just to update. I went to my local court today. The said nothing can be handed in and that I have to post it in the postbox attached to the county. I will ring on Friday to make sure it has been picked up.

After college I went down to the site to look at the signage to see if anything has changed. Indeed it has. It’s completely changed actually they have now painted parking bays (I wasnt parked in a bay as has was parking bays the rest the bays weren’t painted) the signs now include to say you have 3 frees free parking and to pay for a ticket if you go over and it now states information regarding ANPR and the use of it.

Now I’ve had a dumb moment. When I first received the notice to keeper I said to the parking company that the PCN would of been non compliant as it wouldn’t of been received within 14days if was indeed sent like they said however it’s the Ntk that has to reach in that time frame not the PCN so my question is, is the PCN and NtK issued at the same time then? Because if they are issuing PCNs first you’re not gona get the NtK with 14 days are you as that letter would come second. I hope I’ve made sense.

Coupon-mad

A postal 'PCN' is the same thing as the NTK.

So if the first letter didn't arrive by day 14 then it has breached the POFA for keeper liability, which is statute law, not guidance.

Igab17

Oh I see. The first letter which I didn’t receive they stated it was a PCN. The second letter which I did receive on 25th April was titled NtK. There is several posts on here regarding the same parking location no surprise there!

Igab17

Sorry my mistake the second letter was received on the 25th May no April. The first letter wouldn’t of been received within 14days as when I enquired about it they said it was issued on the 20th April. The PCN should of been received by the 21st April.

nosferatu1001

AS youve been told, ANYTHING sent through the post is a "notice to keeper", because it notifies the vehicles keeper, and noone else.
So the first "Notice to Keeper" must arrive within 14 days, when there has been no windscreen ticket (POFA2012, schedule 4, para 9 - go read it!)

Igab17

I will be sending this to Gemini via email

Dear Sir/Madam

It has come to my attention that Gladstones have deliberately or negligently filed for a judgment at an old address which I have now had to apply for a set aside against the default Judgment at my local court.

I would like to stress I have emails confirming Gemini Parking Solutions had my current address so on that basis the claim form was served incorrectly on purpose and I will be using this as evidence in court along with the NtK letter that was sent to my current address.

In October 2017 I emailed Gemini Parking Solutions to request all letters being sent to my old address to be stopped. My vulnerable mother lives there and you choose not to take heed. This is a request to ask you to delete XXXXXXXXX from your records I DO NOT LIVE THERE. I will be making a complaint to the ICO aswell as the Solicitors Regulation Authority.

Once the set aside is granted I will be applying for a counterclaim for compensation for your baseless claim and unreasonable conduct as well as the time wasted and stressed caused due to your actions.

Kind regards

nosferatu1001

You wont be able to counterclaim, I dont believe.
You need to tell them you ADDRESS FOR SERVICE is
It is not a request
It is a demand that they update their recrods as they should have done on X date now.

Igab17

Hi. My address is already on their system and it’s also on the NC244 form. I could also add it to the email...
It’s just an email to let them know of my intentions I requested a SAR and they are asking for ID is that normal I don’t want them to have a copy of my passport! I don’t trust them as it is?!

Le_Kirk

You don't send a copy of your passport - do they have a photo of you against which they can compare it? You can send a copy of your V5C and the rest they should know, such as your address as they have been communicating with you!!

nosferatu1001

You do need to tell them your address for service
This makes it explciit. You must use that term.

Send a copy of your V5
Or just send them the court claim reference, given they have happily issued a claim against you then they accept that this claim reference MUST identify you...