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  • FIRST POST
    • dully1992
    • By dully1992 12th Dec 18, 8:35 PM
    • 26Posts
    • 12Thanks
    dully1992
    Gemini Parking Solutions MCOL Stage
    • #1
    • 12th Dec 18, 8:35 PM
    Gemini Parking Solutions MCOL Stage 12th Dec 18 at 8:35 PM
    Hello everyone,

    I have recently received MCOL claim form from Gemini Parking Solutions. The claim in question dates back to early 2017, taking place in a hospital car park.

    This is completely unexpected. However, it does now make sense as over the past few months I have randomly received text messages from Gladstones Solicitors saying they are going to issue court proceedings (they give a reference number) - I had ignored these as I did not know how on earth they had my number or what on earth they were messaging me for!

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

    "The driver of the vehicle registration (the "Vehicle") incurred the parking charge(s) on XX/XX/2017 for breaching the terms of parking on the land at...
    The Defendant was driving the Vehicle and/or is the keeper of the vehicle"

    The claim was issued only a couple of days ago so I still have some time to compile my defence.

    Could anyone suggest whether it would still be worth sending a SAR to find out what they actually have on this, since they haven't even been bothered to mention the VRN of the car in question?!
    Last edited by dully1992; 12-12-2018 at 8:42 PM. Reason: spelling
Page 2
    • Le_Kirk
    • By Le_Kirk 20th Dec 18, 10:16 AM
    • 3,720 Posts
    • 2,772 Thanks
    Le_Kirk
    From your post # 1
    "The driver of the vehicle registration (the "Vehicle") incurred the parking charge(s) on XX/XX/2017 for breaching the terms of parking on the land at...
    From your post # 20
    So I'd rather they prove that they even have the details of my car (I'm guessing if they can't prove which car - they don't have a claim?!)
    The two statements do not compute!
    • KeithP
    • By KeithP 20th Dec 18, 1:11 PM
    • 12,109 Posts
    • 12,849 Thanks
    KeithP
    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
    • By dully1992 20th Dec 18, 4:17 PM
    • 26 Posts
    • 12 Thanks
    dully1992
    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
    • By dully1992 8th Jan 19, 3:21 PM
    • 26 Posts
    • 12 Thanks
    dully1992
    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
    • By nosferatu1001 8th Jan 19, 3:27 PM
    • 4,391 Posts
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    nosferatu1001
    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
    • By dully1992 8th Jan 19, 3:38 PM
    • 26 Posts
    • 12 Thanks
    dully1992
    Thanks for prompt reply. Have worded that into my reply. Lets see what they say!
    • Coupon-mad
    • By Coupon-mad 9th Jan 19, 12:49 AM
    • 65,751 Posts
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    Coupon-mad
    Have you acknowledged the claim on MCOL to extend the defence time?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • dully1992
    • By dully1992 12th Jan 19, 11:14 AM
    • 26 Posts
    • 12 Thanks
    dully1992
    Have you acknowledged the claim on MCOL to extend the defence time?
    Originally posted by Coupon-mad
    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
    • By Coupon-mad 12th Jan 19, 12:58 PM
    • 65,751 Posts
    • 78,276 Thanks
    Coupon-mad
    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.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • dully1992
    • By dully1992 13th Jan 19, 11:08 AM
    • 26 Posts
    • 12 Thanks
    dully1992
    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
    • By dully1992 13th Jan 19, 12:08 PM
    • 26 Posts
    • 12 Thanks
    dully1992
    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?
    Last edited by dully1992; 13-01-2019 at 12:13 PM.
    • KeithP
    • By KeithP 13th Jan 19, 12:46 PM
    • 12,109 Posts
    • 12,849 Thanks
    KeithP
    I am sure you have this at the forefront of your mind, but just a friendly reminder:
    ...you have until 4pm on Monday 14th January 2019 to file your Defence.
    For exactly how to do that, re-read post #8.
    .
    • dully1992
    • By dully1992 13th Jan 19, 2:44 PM
    • 26 Posts
    • 12 Thanks
    dully1992
    Hi guys,

    Any advice/critique on the defence before I submit prior to tomorrows deadline would be much appreciated. I wasn't too sure how to word the fact that they haven't included a vehicle registration number on their POC, have stuck it in in the opening argument.



    1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

    2. The Particulars of Claim state that the Defendant was the registered keeper and/or the driver of the vehicle(s). The Claimant fails to provide a vehicle registration number, or any information identifying the vehicle involved. These assertions indicate that the Claimant has failed to identify a Cause of Action and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

    3. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought or indeed against what vehicle, whether for breach of contract, contractual liability or trespass. However, it is denied that the Defendant, or any driver of any vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

    4. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked within a parking bay, not indicating which bays are allocated to whom, nor outlining any areas in which parking is restricted.

    5. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

    6. It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in a yellow/black envelope impersonating authority. It is reasonable to conclude, from the lack of satisfactory photographic evidence provided, the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.

    7. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

    8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £35, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

    9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

    I believe the facts contained in this Defence are true.
    Last edited by dully1992; 13-01-2019 at 2:47 PM.
    • dully1992
    • By dully1992 13th Jan 19, 9:50 PM
    • 26 Posts
    • 12 Thanks
    dully1992
    Just bumping this in hope of any advice, due to the looming deadline!
    • Coupon-mad
    • By Coupon-mad 14th Jan 19, 1:28 AM
    • 65,751 Posts
    • 78,276 Thanks
    Coupon-mad
    I am certain these parts cannot be right for a Gemini case, not least because they do not stick 'CNs' that are not actual PCNs, on windscreens:

    6. It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in a yellow/black envelope impersonating authority. It is reasonable to conclude, from the lack of satisfactory photographic evidence provided, the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.

    They merely state that vehicles must be parked within a parking bay, not indicating which bays are allocated to whom, nor outlining any areas in which parking is restricted.
    Really, do they, or have you copied this from bargepole?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • dg2019
    • By dg2019 18th Jan 19, 10:07 AM
    • 3 Posts
    • 0 Thanks
    dg2019
    Gemini Parking Solutions -
    Hiya,


    I am asking for next steps in what to do with Gemini Parking Solutions, in 2018 I received a Notice to Keeper for parking in Chase Farm Hospital visiting the emergency unit on a Sunday in October 2016!!! I ignored all letters as I know Gemini try and scam people into paying. This was then passed to Gladstone Solicitors, I sent many replies asking for proof of parking there which was never sent until now...


    Gladstones have sent me lots of images of the new parking machines and signage to say Gemini control the car park (these were 100% not there when I parked, I was the only car in the car park on this date in 2016!!!) Is there any way I can ask for proof when the pictures were taken? They have sent me a very burry image of my car entering the car park on the ANPR camera and that is it, not even when my car left or where I was even parked. They have been threatening to take me to court for months over this and nothing has ever been sent to me.


    Thanks
    • Le_Kirk
    • By Le_Kirk 18th Jan 19, 10:29 AM
    • 3,720 Posts
    • 2,772 Thanks
    Le_Kirk
    Why have you posted on someone else's thread? You should keep all questions to the thread you have running.
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