Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***

[Homer67]

Can’t find the bit you say online ? Do you have a link or can you scan it ? Ty

 

Sorry just seen this, I read that in the cafe and thought of this thread. I think you can buy old issues of newspapers somewhere.

[2ltr16valve]

Checked MCOL just now, shows DQ received on 30/01 and transfered to Romford CC as we requested.

[ericsbrother]

good,

hopefully Romford actually read the file and put it in front of a judge regarding the failure to show a cause for action and make a case management order to force Gemini to either put up or shut up.

 

No guarantee of this but Gladdys reputation goes far and wide

[brassnecked]

If the court staff are doing their job they should pick up on it EB,

 

Gladdys might have some more egg on their smarmy duplicitous faces then.

[ericsbrother]

often they just slap it in the file so it doenst get read until about a day before the hearing. Still, plenty of time to remind the court about this when witness statements have to be produced

[2ltr16valve]

Hearing date received today.

 

I will type up what it says later, still have two very poorly babies

[2ltr16valve]

Been sent a witness statement by email in pdf format

Is there any site team I can email that too, to post it for me as I am unsure how to edit it suitably as it’s already in pdf format but I’ve only got my iPhone atm.

claimant ws R.pdf

[dx100uk]

Claimants WS in above post

[2ltr16valve]

Claimants WS in above post

 

 

 

Thank you Dx.

 

Can I just point out that the pictures on page 12-15 are NOT of the area where the vehicle was parked.... but are of the contractors parking area outside the ambulance entrance at a different part of the hospital - the green triangles on the Birdseye view of the hospital.

The parked area is the blue dots.

 

 

Also, are they allowed to redact the contract document so heavily ?

 

I can’t see any ‘observed’ time on any of that document or a copy of the original screen ticket ? This is after all a pay and display space they claim, at a hospital with no change machines ... so would be reasonable to have to go get change ? With a disabled badge on display this would imply it could take longer than an able bodied person .... discrimination?

 

Also, their photo of the signage shows no relation to scale and how high up the posts the signs are..... conveniently cropped.

[DragonFly1967]

OK, I've just skim read this (very familiar) Robostatement. And a couple of points that I've picked up on to help you pick it apart.

 

Under "The Defendants Liability" at..

 

Para 6. The Register Keeper (the Defendant) failed to nominate who was driving the vehicle prior to these proceedings which is required under paragraph 5(2) of the Act.

 

Now, unless they have a completely different version of the POFA 2012 to everyone else. Paragraph 5(2) says...

 

Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

 

No where in there does it say that the Recorded Keeper is required to name the driver.

 

 

And under the same part of their WS. Para 7. Elliot v Loake. Really??? I'd know that this was Gladrags shoddy work even if it wasn't in the title of the thread.

 

 

"The Charge"

 

In ParkingLie v Beavis the Supreme Court certainly DID NOT say that any £85 charge was neither extravagant nor unconscionable. What they said was that IN THAT CASE and/or IN THAT CAR PARK and with THE SIGNS THAT WERE IN PLACE AT THE TIME that Barry Beavis parked there, that the charge was legitimate.

 

That only really stands for that very particular set of circumstances. ParkingLie pay the landowner a rent to operate in that car park. So in that case, they had the rights to charge that amount.

 

This really doesn't mean that any PCN from any cowboy outfit is just as legitimate.

 

 

Under the item headed "the contract" and under the sub heading "Unauthorised" there is a list of scenarios where a vehicle will be issued with a PCN.

 

No where there does it say "not parking in a blue badge bay while displaying a blue badge and not buying a P&D ticket" So, irrespective of what it may or may not say on their signage, you've not broken any of the terms that are in their contract that would mean that your vehicle was "unauthorised" and was issued a PCN.

 

 

Obviously and clearly the pictures of the signage and the wider pictures of where that signage is placed do not match the pictures of your vehicle and where it was parked.

[2ltr16valve]

Might sound dump.

 

What do we do now ? Do we write a WS ?

[DragonFly1967]

Yep.

 

Has a hearing date been allocated yet?

[2ltr16valve]

Yep.

 

Has a hearing date been allocated yet?

 

Yeah, 15/06/18

 

received a document from court February that I havent had chance to write up yet - Ill add what it says below.

[DragonFly1967]

Gladrags really have fired off too early on this then.

 

No need to rush with your WS, you have until 28th May (by my working out) to submit your WS to Gladrags & the Court.

 

It's important that you leave it to the last possible moment, that way Gladrags can't tailor anything (last minute) to counter what you're saying in your WS.

 

Sit on your hands for now and await ideas

[2ltr16valve]

Notice of Allocation to the Small Claims track (Hearing)

 

District Judge E G has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track.

 

Unless the Claimant does by 4.00PM on the 15 May 2018 pay to the court the trial fee of £25.00 or file a properly completed applicaiton (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be Struck out with effect from 15 May 2018 without further order and, unless the court orders otherwise, you will also be liable for costs which the defendant has incurred.

 

The hearing of the claim will take place at ..:.. am on 15 June 2018 at ... and should take no longer than 1 hour.

 

(the trial fee is fee 2.1 in the current Civil Fees Order).

 

1) This claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.

 

2) The claim will be heard at on a date and at a time which is set out on a notice attached to this Order, or which will be sent to you later. The court reserves the right to change the place and/or time of the hearing.

 

3) From the available papers, it is estimated that the hearing will take one hour. If a party is aware of a reson why this estimate might be substantially inaccurate, that party must notify the court immediately.

 

4) The parties are encouranged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to truing to settle the case or narrow the issues. The court must be informed immediately if the case is settled.

 

5) The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with the directions my result in the case having to be adjourned and the party at fault having to pay costs.

 

The Following Directions Apply to this Claim:

 

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

7) The orignal documents must be brought to the hearing.

 

8) In cases of this tye, the documents and information sent to the court and each party should, where available, include:

a) the letter making the claim and any reply;

b) invoices and estimates for repair;

c) agreements and invoices for any care hire costs;

d) the Police accident report;

e) plans and maps which should be agreed if possible;

f) photographs of the scene and of the damage which should be agreed if possible.

 

9) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

 

10) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)

 

11) Witness statements must:

a) Start with the name of the case and the claim number;

b) State the full name and address of the witness;

c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

d) End with this paragraph: 'I believe that the facts stated in this witness statement are true.' (or words to that effect); and

e) be signed by the witness and dated.

 

12) If a witness is unable to read the statement in the form produced to the court, the statement must include a certificate that it has been read or interpreted to the witness by a suitably qualified person. If a witness who has made a statement is to give evidence or be cross-examined and is unable to do so in spoken English (or Welsh if the hearing is in Wales), the party relying on that witness must ensure that a suitable independent interpreter is available.

 

13) The judge may refuse to hear the evidense or consider any statement of any witness whose statment has not been prepared and copied to the other party and the court in accordance with the paragraphs above.

 

14) Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving and explanation why the assistance of an expert is necessary.

 

15) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

 

If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim surbes the claim being struck out.

[dx100uk]

don't need to keep typing things out we know what a NOA looks like don't waste your time

[2ltr16valve]

don't need to keep typing things out we know what a NOA looks like don't waste your time

 

 

 

Ah okay pretty standard then ?

[DragonFly1967]

Also, unless you hear otherwise before hand. Make sure that you check MCOL on 15th May and if they haven't paid the hearing fee, ask that the claim be struck out as per that order It probably won't be, but it's always worth asking

 

It also shows that you're taking an active interest in the case and that you're not going to be some muppet that Gladrags can just walk all over.

[2ltr16valve]

Also not forgetting the web page on nhs choices I think that states all outside spaces that are not barrier controlled are free disabled parking.

[DragonFly1967]

Get a screenshot of that if you haven't already. Make 3 copies (1 for Gladrags, 1 for Court and one for your evidence bundle). Refer to it in your WS.

 

That web page and Gemini's own contract should sink their claim without a trace, but let them waste their money on paying the hearing fee first

[2ltr16valve]

Get a screenshot of that if you haven't already. Make 3 copies (1 for Gladrags, 1 for Court and one for your evidence bundle). Refer to it in your WS.

 

That web page and Gemini's own contract should sink their claim without a trace, but let them waste their money on paying the hearing fee first

 

Have it screenshot from when I found it

And sure I also printed it too

[2ltr16valve]

Just logged in and this is the list of transactions ...

Does this mean they have not paid the Fee ?

 

 

Claim Status A claim was issued against you on 04/12/2017

 

 

Your acknowledgment of service was submitted on 07/12/2017 at 14:15:39

 

 

Your acknowledgment of service was received on 07/12/2017 at 16:01:58

 

 

Your defence was received on 05/01/2018

 

 

DQ filed by claimant on 12/01/2018

 

 

DQ sent to you on 15/01/2018

 

 

You filed a DQ on 30/01/2018

 

 

Your claim was transferred to ROMFORD on 30/01/2018

[dx100uk]

ring the court

[AndyOrch]

If the claim was transferred to ROMFORD on 30/01/2018...over 3 months 2 weeks ago you should have revived the N157 Notice of Allocation with the trial date.... courts directions and what dates you must complete them by.

 

Failure by any party to not comply with directions can lead to the claim/defence being struck out.....the N157 also states the date the claimant must pay the hearing fee by.......get on the blower to Romford first thing in the morning and ask where is your N157 ?

 

Andy

[2ltr16valve]

If the claim was transferred to ROMFORD on 30/01/2018...over 3 months 2 weeks ago you should have revived the N157 Notice of Allocation with the trial date.... courts directions and what dates you must complete them by.

 

Failure by any party to not comply with directions can lead to the claim/defence being struck out.....the N157 also states the date the claimant must pay the hearing fee by.......get on the blower to Romford first thing in the morning and ask where is your N157 ?

 

Andy

 

 

Hi Andy

 

Wasn’t that what I typed up on the post recently ?

 

Also, they paid the fee on 17th ?