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GEMINI/County Court Business Centre Claim

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  • claxtome
    claxtome Posts: 628 Forumite
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    When you get a few minutes I suggest you send a Subject Access Request to DVLA, it is free and you just submit an email, to request who has requested access to the keeper details of the car in question. The page below has details of where to send it and what you need to include in the email:
    https://www.gov.uk/request-information-from-dvla

    It will take a week or two to come back but the sooner you do it the sooner you can rely on the info. Should certainly help in your case where no PCN on car or via post or a Notice to Keeper received.

    Maybe too late for your defence statement but could certainly be used for the next stage -> Witness statement.
  • System
    System Posts: 178,094 Community Admin
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    edited 17 October 2017 at 8:20PM
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    Thank you so much for those pointers, I checked signage on google maps and took screenshot of entrance sign, i'm not able to enter carpark (on google maps) but entrance sign does not meet requirements. I have added points from BPA CoP and POFA to point 3 and 7. Please say if you think I could improve. I was hoping this would be the end of it but yes I can write do DVLA to prepare for next stage

    .
  • System
    System Posts: 178,094 Community Admin
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    I have updated the defence statement and added some pointers, will it now be ok to send, it needs to be emailed tomorrow

    Thanks
  • claxtome
    claxtome Posts: 628 Forumite
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    Sorry 'Laura Anne' hadn't seen you had replied to the thread the other day.
    The update looks better.
    I have assumed you have referenced the correct sections of BPA CoP. (I have no reason to suggest you haven't)

    Just remembered you need to write your defence in the third person and not use 'I' but instead use 'the Defendant' and instead of 'Gemini' refer to them as 'the Claimant'

    Also check for grammatical errors - for instance end of paragraph 3 doesn't have a full stop.

    I take it you are aware that that the defence you email needs to show your signature. ;)
  • System
    System Posts: 178,094 Community Admin
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    Thank you so much, I will make all those amendments - Do you put the signature on the form? and send this with the form?

    I understand what you mean about the correct sections..... I'm hoping so!

    WIth regard to para 3 'Gemini 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'

    20.12 BPA reads 'An effective ‘Notice to Keeper’ within the meaning of POFA 2012, must meet the requirements of Schedule 4 of the Act. In particular:
    • paragraphs 6 (1) (a) and 8 (2), if you have already given an effective Notice to Driver at the time of the parking event
    • paragraphs 6 (1) (b) and 9, if you have not given an effective Notice to Driver.

    And 20.4 reads 'The parking charge notice is the document you:
    • give to drivers, or attach to their vehicle windscreen, to tell them they have broken your terms and conditions and are now liable for parking charges, or
    • send to vehicle keepers asking them to pay the parking charges, if you do not have the driver’s details, or
    • send to vehicle hirers, asking them to pay the parking charges, if you discover that the vehicle was rented.
    POFA 2012 refers to the ‘Notice to Driver’, the ‘Notice to Keeper’ and the ‘Notice to Hirer’. All are types of parking charge notice'

    By all means please tell me if its incorrect
  • Redx
    Redx Posts: 38,084 Forumite
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    you date and save the final defence as a pdf , you PRINT IT out on paper

    you sign and date the signature in black pen

    you scan it back to the pc or laptop and save as a pdf

    you email this signed and dated pdf to the CCBC using their email

    you put the MCOL REF and NAME in the email header

    you put the same details in the email body (adding name and address too) and put , see attached defence , please add it to the file with reference 123456789 BLAH BLAH

    then you phone the CCBC and ensure it has been added to the claim file
  • System
    System Posts: 178,094 Community Admin
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    Thank you again, I have 'repaired' the above defence statement using the pointers you so kindly mentioned
  • System
    System Posts: 178,094 Community Admin
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    edited 15 February 2018 at 11:49AM
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    Replaced with later post
  • claxtome
    claxtome Posts: 628 Forumite
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    It looks good - I have no further comments.
  • System
    System Posts: 178,094 Community Admin
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    Thank you all for your help, I will let you know how we get on
This discussion has been closed.
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