Gemini Parking Solutions MCOL Stage

KeithP · 20 December 2018 at 2:11PM

Le_Kirk, did you not see this in the opening post?...

The particulars of the claim do not even mention the registration of the vehicle in question:

My interpretation is that despite having the words "the vehicle registration (the "Vehicle")", there was no mention of the registration number in the Particulars of Claim.

dully1992 · 20 December 2018 at 5:17PM

The following is a word for word copy of the POC: "the vehicle registration (the "Vehicle")"

As Keith has said, they haven’t mentioned the vehicle registration on the claim form, instead they refer to the vehicle and it’s registration number as just, “the Vehicle” lol.

dully1992 · 8 January 2019 at 4:21PM

Hi everyone, would appreciate some advice.

I have contacted Gemini's DPO with a request for information that they hold on me. I have provided as much information as I can so that they can access my details - I have not provided my vehicle registration number as the particulars of claim that I have received does not include one.

They have replied with:

Whilst I appreicate the details you have provided, I am unable to access the details on the system without a valid parking charge notice number or vehicle registration.

The reference provided is the case file number for Gladstone's Solicitiors.

Gemini Parking Solutions London ltd

I can't seem to find anything with a parking charge notice number on and the only reference I have is the one that seems to be Gladstones case file number.

Any advice on how best to reply to Gemini? Surely they should be able to find me on their system with my full name and address?!

nosferatu1001 · 8 January 2019 at 4:27PM

Of course they can find you based on that information, as they MUSt hold that information on you as a result of applying to the DVLA for it.
If their system doesnt easily let them search by name and address, well tough on them....

Respond back, stating there is no PCN reference on the documentaiton you have, and no VRM reference on the claim form their AGENTS have submitted on their behalf.

They MUST hold address information for you, in order to instruct solicitors and send out the claimed Notices
So, they MUST be able to search by name and address. If htey cannot do so, then this fault in their system is really not your issue to resolve
Your deadline of X date (one month from SAR service) still stands.

dully1992 · 8 January 2019 at 4:38PM

Thanks for prompt reply. Have worded that into my reply. Lets see what they say!

Coupon-mad · 9 January 2019 at 1:49AM

Have you acknowledged the claim on MCOL to extend the defence time?

dully1992 · 12 January 2019 at 12:14PM

Coupon-mad wrote: »

Have you acknowledged the claim on MCOL to extend the defence time?

Yes, will be writing my defence tonight. To be honest it will be quite similar to the VCS one I have previously written.

In addition, I have received the information I requested from the DVLA about who has asked for my information.

Gemini put in their request 31 days after the ticket was issued.

VCS however, put in their request 7 days after the ticket was issued.

Could someone please remind me the timeframe in which they are allowed to request information from the DVLA?

Coupon-mad · 12 January 2019 at 1:58PM

Depends on whether there was a windscreen PCN (not one from VCS in a packet that says 'this is not a PCN').

You need to look at the POFA that's linked in the NEWBIES thread post #1.

dully1992 · 13 January 2019 at 12:08PM

To be honest, I don't remember what the Gemini windscreen ticket looked like or said, it was such a long time ago now.

Assuming that Gemini did leave a normal windscreen ticket, and then requested information 31 days after the notice to driver, is it correct to say that they have acted as required in regards to POFA guidelines?

dully1992 · 13 January 2019 at 1:08PM

I have also found 2 letters, one from DRP and one from Gladstones, 3 and 6 months after the parking event, respectively. They both state a claim for a charge of £160.

The particulars of claim are claiming £135 for the charge, interest of £18.14, court fee of £25.00 and legal representatives costs of £50. A total of £228.14.

I do not remember what the initial charge was with the discount, but is it safe to assume £100 reduced to £60 if paid within their discount time frame. Therefore is it reasonable to argue, in the defence statement that their added £35 is an attempt at double recovery?

Also is there any merit in mentioning text messages that I have received from Gladstones in regards to this as an inappropriate way to be serving any notice?! Further, I have no idea how they have got my telephone number, could this be a breach in data protection?

Gemini Parking Solutions MCOL Stage

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