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jonnymango

Gemini Parking Solutions PCN @ Olympic Park

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Cheers, yep, know I have to respond to this asap

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can you please complete this.

 


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1 hour ago, honeybee13 said:

On behalf of Mrs O'Frog and myself, we aren't all chaps. :)

 

HB

Apologies to you and Mrs O'Frog for the unwittingly casually sexist generic greeting!

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As requested dx...

 

Service of Claim has been acknowledged online and defend all selected.

 

Name of the Claimant : Gemini Parking Solutions London Limited, 13-17 High Beech Road, Loughton, Essex, IG10 4BN

claimants Solicitors: Gladstones Solicitors Limited, The Terrace, High Legh Park, Warrington Road, high Legh, WA16 6AA

 

Date of issue – 12th March 2019

 

Date to submit defence = April 12 (33 days in total) -

 

What is the claim for – the reason they have issued the claim?

 

1,"The driver of the vehicle with the registration XXXXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at Logan Close - Logan Close East Village Development London E20, on 24/09/2017 thus incurring the parking charge (the 'PCN').

 

2.The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so.

The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle.

 

3.Despite demands being made the Defendant has failed to settle their outstanding liability.

 

4.THE CLAIMANT CLAIMS £100 for the PCN,

£60 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £17.73 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day."

 

What is the value of the claim? Amount claimed £177.73 + Court Fee £25.00 + Legal Representatives cost £50.00 = Total Amount £252.73

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Claimant is the Private Parking company, Claim form is signed by Will Wareing as Claimant's Legal Representative

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?  It's not been assigned has it? - Back in December 2017 I received a letter from Debt Recovery Plus Ltd demanding £160, and then nothing until the Letter Before Claim from Gladstones acting on behalf of Gemini in November 2018

 

thanks

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well clearly the driver didnt agree to pay the charge or if they did then why are they suing you and not the driver. they should have said the driver became liable but that is Gladstones for you, lazy and incompetent.

 

now the amount they can legally claim from the KEEPer is the original £100 but again they dont let that inconvenience them generally this wont bother you because the liklihood of them winning the claim is slim but you will be pointing out this attempt to chisel more money than could ever be due in your WS at the appropriate time.

 

So go to moneyclaim and either start a new account or use the new  beta online simple claim filing system.

It has a couple of glitches but I managed to plough through it.

 

Once you have acknowledged the claim you have another 14 days to submit an outline of your defence.

You can use something straightforward like

 

"there was no offer of a contract by the claimant to the defendant at the time so there is no cause for action" or something like that.

 

If you get no response from the CPR 31.14 request for documents you are going to send to Gladdys (see common topics for same) then you can add that you dont believe they have the authority to enter into contracts or make civil claims as they have failed to produce evidence of that authority

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please note your corrected def filing date above.

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

 

type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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Thanks EricsBrother and Dx, much appreciated as always.

 

could you please cast your eye over the attached and give it the nod to go off to Gladstones. 

 

Also, further to EB's line about the defence statement, "there was no offer of a contract by the claimant to the defendant at the time so there is no cause for action" or something like that." are there any links to a full typicala letter similar to the one for the CPR Request?

 

 

Gladstones Solicitors CPR31-14 Req Redacted.pdf

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no because every situation is different.

If you want me to write you a bespoke letter I only charge £500 a word.

YOU know what they say is the breach (or maybe the contractual term) YOU have read hundreds of posts on parking and digested the POFA until you can regurgitate it perfectly and YOu have read a load of case law to know what is wrong with their argument. If that isnt true you pull your finger out. as a hint they are claiming for breach of contract so again is that the case? the wording on the sign wil determine whether  what yu did is a contractual condition (ie park on a spotted circle and you owe us £100) or was it a breach such as being charged £100 for parking slightly over a line because you have to park within them

as for cpr 31.14, I wouldnt bother with the first para, just put  Re:gemini Parking Solutions v johhnymango case ref:xx11yy22

they arent going to reply anyway

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16 hours ago, jonnymango said:

Thanks EricsBrother and Dx, much appreciated as always.

 

could you please cast your eye over the attached and give it the nod to go off to Gladstones. 

 

Also, further to EB's line about the defence statement, "there was no offer of a contract by the claimant to the defendant at the time so there is no cause for action" or something like that." are there any links to a full typicala letter similar to the one for the CPR Request?

 

 

Gladstones Solicitors CPR31-14 Req Redacted.pdf 40.83 kB · 3 downloads

you send the cpr as is..there is no need to adapt anything bar your details

 

your defence is not a letter its a 2 or 3 line text file you upload to mcol website.

 

you've got the basic correct for it already.

 

 

 


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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Thank you dx. I had a quick look yesterday and will have a proper look at the defence filing section on MCOL this evening. cheers.

 

CPR letter will go in the post recorded delivery today.

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