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GEMINI/County Court Business Centre Claim

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  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    3. The Claimant has not provided any Parking Charge Notification Information BPA CoP 20.12 POFA 6.1 nor a Notice To Keeper (NTK) BOP CoP 20.4 and 20.6 POFA 9.1 and 9.2.
    What’s the ‘BOP CoP’?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • claxtome
    claxtome Posts: 628 Forumite
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    Well spotted Umkomaas.
    BOP CoP
    should be BPA CoP
  • System
    System Posts: 178,093 Community Admin
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    Hi everyone, I emailed the defence but was unable to get through to the CCBC on the phone to confirm receipt, however, the CCBC did confirm receipt by letter.

    Gladstones have sent a letter as well, the letter was sent to an incorrect address (I updated the address when I applied for the AOS) The letter from Gladstones reads:

    'We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

    Please find enclosed a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request as special direction that the case be dealt with on the papers and without the need for an oral hearing.

    This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.

    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward'

    Also sent with the letter as above was a form which is headed 'Directions Questionnaire' which only seems to offer mediation??

    Would I be correct in thinking that I should just ignore this form as it would be sent back to Gladstones?
  • System
    System Posts: 178,093 Community Admin
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    Thanks, I missed this :mad:
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    You dont "ignore" the form

    This is a usual tactic by Gladstones - a terrible one, thought up by cretins, but worth a shot for their limited capacity I guess - to try to scare yo uinto thinking you wont get a hearing local to you

    You fill out your OWN N180 - either the one the court sends, or if that is delayed, just downlaod one - as per post 2 of the NEWBIES thread, and add a COVERING LETTER which responds to Gladstones pathetic attempts by pointing out the case is NOT simple, and you wish the hearing to be at your local court, as you are an individual and that is your RIGHT.
  • System
    System Posts: 178,093 Community Admin
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    Thank you for your advice, I have found the form and read the questions. So far, no PCN, no time of alleged infringement and now Gladstones still sending correspondence to incorrect address.

    With regard to the covering letter, does it need to be in any special format, any particular information or opinion disclosed. Would I email the form to CCBC?
  • System
    System Posts: 178,093 Community Admin
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    I have filled in the Form and found the thread

    http://forums.moneysavingexpert.com/showthread.php?t=5546325

    I am following that closely and see the information regarding the covering letter.

    Thank you so much for your advice :beer:
  • System
    System Posts: 178,093 Community Admin
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    I've composed this for my covering letter, if you could give it a check for me thanks

    'Please find attached my completed Directions Questionnaire that includes a request for the hearing to be at my local court as is my right as an individual.

    Gladstones letter requests, that the hearing is dealt with on the papers alone as, in their Clients opinion the matter is relatively straightforward. I do not agree.

    The Particulars of Claim detailed on the County Court Business Centre Claim Form are so scant it is difficult to present a precise defence when the only information divulged is the date the parking charge was allegedly incurred.

    Gladstones letters are equally as scant as the Claim Form, in that they offer even less pertinent detail, no PCN, no date the alleged PCN was incurred, no address of where the parking terms were allegedly breeched.

    In the current climate of email and phone scams receiving a letter that contains only my name and address and car registration, demanding 160.00 is not professional behaviour.'
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Looks OK to me.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • System
    System Posts: 178,093 Community Admin
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    Having filed the Directions Questionnaire, Gladstones were given until the 30th January 2018 to pay their 25.00 etc to take things further. Today all of their evidence arrived in the post, which included the PCN number which has never been quoted so far, along with photographs and witness statements. We did ask in the defence statement that if this were to happen we would ask for more time. How do I go about this? I have spoken to the Court who think it is too late to reschedule the date we were given, 27th February. Thank you for your continuing help and support
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