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CCJ - Gemini Parking, HELP!!
Trixie2
post Fri, 22 Sep 2017 - 15:09
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Hello all and thanks in advance for your help here.

I was recently turned down for a credit card, which really surprised me as I know I have a good credit rating. When I got home I looked at my credit file and to my horror someone had taken out a CCJ against me, at my old address.

After a lot of digging it turns out it's a PPC. The ticket was received in January 2016 by Gemini Parking. I remember the day - the machine would not accept the driver's coins and when the button for help was pressed no one answered. No choice but to leave the premises and a couple of weeks later a ticket arrived in the post to me as the registered keeper. I was so busy with an incredibly stressful house move that kept almost falling through at the last minute, that I thought I'd appeal later. I forgot.

We eventually completed and on March 1st 2016 we moved house. We had a redirection on our post for a few weeks - plus I updated my details with the DVLA.

Now fast forward to today and I find out indirectly that in January 2017 they went to court in Northampton and got a CCJ completely without my knowledge. The court said the mail was never sent back to them - not much I can do about that as I don't know the new owners.

They said I can either pay the debt and the CCJ will remain on file for 6 years, or I can pay £255 to apply to have it set aside. Problem with that is, the judge might not find in my favour and then I still have to pay £260 for the debt.

What on earth do I do?? Should they have attempted to double check my address when they went to court?

Any help will be greatly appreciated.

Thanks.

This post has been edited by Trixie2: Thu, 28 Sep 2017 - 12:44
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post Fri, 22 Sep 2017 - 15:09
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Trixie2
post Mon, 2 Oct 2017 - 22:09
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Thanks SchoolRunMum.

I'm beginning to worry that my WS is far too long. Should I take out all the detail and leave that for the hearing? Take out quotes of relative legislation etc?
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SchoolRunMum
post Mon, 2 Oct 2017 - 23:44
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I would remove these (too much detail or repetition) and in fact here in 2.1, you are talking about two different meanings of 'contract' because the 'copy of the written contract' means the sign that they reckon the driver saw, not the 'landowner contract':

QUOTE
2.1. However, the Claimant has failed to include a copy of their written contract as per Practice Direction 16 7.3(1) and Practice Direction 7C 1.4(3A). No indication is given as to the Claimants contractual authority to operate at Chase Farm Hospital as required by the Claimants Trade Association's Code of Practice B1.1, which states:

“1.1 If you operate parking management activities on land which is not owned by you, you
must supply us with written authority from the land owner sufficient to establish you
as the ‘Creditor’ within the meaning of the Protection of Freedoms Act 2012 (where
applicable) and in any event to establish you as a person who is able to recover
parking charges.”

Without any evidence of this contract, as a matter of law, the Claimant will have no locus standi to litigate in their own name, and the claim is therefore invalid. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.


You don't need this detail at this stage, it is enough to say the NTK is non-POFA:
QUOTE
2.6. The NTK issued by the Claimant is non-compliant under the POFA 2012, Schedule 4 paragraph 9 for the following 5 reasons:

9(2)(a). The NTK fails to specify the relevant land on which the car was parked. It simply states ‘Chase Farm’. This could either mean the fire station or the hospital (which in itself covers a large area of land containing many car parks). There are over 500ft between the fire station and the hospital, and are mutually exclusive. The NtK also fails to note the period of parking.

9(2)(b). The NtK fails to inform the keeper that the driver is liable for the parking charge and the amount, and that it has not been paid in full.

9(2)(e) The NtK does not state that they don’t know the name of the driver or the current address for the service of the driver.

9(2)(h) The NtK does not identify the creditor.

9(2)(i) The NtK does not specify the date the Notice was sent.



Unless you can evidence this POPLA appeal with a copy of it/POPLA code, etc., then it's hearsay from a forum(!):

QUOTE
2.12. This is supported by a recent case in which the Claimant pursued a claim for non-payment of a ‘Parking Charge’ at the same location of Chase Farm Hospital. The claim was dismissed at POPLA stage. A reason for dismissal was that the signage ‘does not meet the standards outlined by the Supreme Court, in that the ‘wording of the notices’ are not sufficiently clear to bring the parking charge to the attention of the appellant and other motorists who use this car park. The assessor concluded that ‘the operator has failed to demonstrate it issued the Parking Charge Notice (PCN) correctly’.




One POPLA decision doesn't render the entire signage invalid, so I wouldn't have this:

QUOTE
2.14. I contend that when the Claimant pursued this Claim in January 2017, they were fully aware their signage was non-compliant, due to the POPLA decision mentioned above, rendering any ‘Parking Charge’ notices invalid.


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Trixie2
post Tue, 3 Oct 2017 - 07:09
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QUOTE (SchoolRunMum @ Tue, 3 Oct 2017 - 00:44) *
I would remove these (too much detail or repetition) and in fact here in 2.1, you are talking about two different meanings of 'contract' because the 'copy of the written contract' means the sign that they reckon the driver saw, not the 'landowner contract':

QUOTE
2.1. However, the Claimant has failed to include a copy of their written contract as per Practice Direction 16 7.3(1) and Practice Direction 7C 1.4(3A). No indication is given as to the Claimants contractual authority to operate at Chase Farm Hospital as required by the Claimants Trade Association's Code of Practice B1.1, which states:

“1.1 If you operate parking management activities on land which is not owned by you, you
must supply us with written authority from the land owner sufficient to establish you
as the ‘Creditor’ within the meaning of the Protection of Freedoms Act 2012 (where
applicable) and in any event to establish you as a person who is able to recover
parking charges.”

Without any evidence of this contract, as a matter of law, the Claimant will have no locus standi to litigate in their own name, and the claim is therefore invalid. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.




Oh OK.... Nosferatu said to look up 'preliminary matters' and include them and that's what I found. Do you know what preliminary matters I need please?

And one more question - shall I take out all the photos from my WS and just say in the box on the N244 form that I will provide them at the hearing?
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nosferatu1001
post Tue, 3 Oct 2017 - 09:48
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The preliminary matters are how terrible their particulars of claim were when they filed the claim.

For question 3:
You are asking the court to set aside the judgement because the claim was never served on you; in the alternative you ask the court to set aside the judgement because the claim was never properly served on you AND you have a reasonable prospect of success defending the claim (i.e. your defence), AND you are asking the court to reimburse you for your set aside fee

You will not be able to claim for anything else, I reckon. Despite telling you that you hadn't justified the 192 sub nor the childcare costs, you STILL have not done so. Any court will wonder why you started a sub to 192 purely to show you were there to be found - as that is the only way you can claim it as a cost, if you already have the sub you cant claim it as its a cost you decided to bear independently of the case. For childcare, they'll simply state you could do that in the evening, after bed, why did you have to pay someone to write your defence - its small claims, THOSE COSTS CANNOT BE CLAIMED!

PD = Practice Direction. If you dont know an acronym search for it, or just look through your doc, see you had already written Practice Direction, and work it out from there wink.gif

QUOTE
1.9. On the basis provided above the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim and therefore the claim was never served on the defendant. As such the defendant asks that the set aside is automatically granted.

1.10. In the alternative, and considering the facts above, the Defendant can show a reasonable prospect of success with any subsequent hearing, and the defendant asks that the set aside order is granted on that basis


Some suggested changes. remember I told you there are TWO routes to set aside; if you can show the claim was never *served*, the set aside should be automatically granted. If the court doesnt agree - i..e the papers were served - then you need to show a reaosn why you were unable to respond, AND also a reasonable prospect of success. That is the defence.
I would have a defence - 1 page of A4 - and a SEPARATE WS. This keeps it neat.

Photos - I would include them in the bundle, referenced. Yo uwill ALSO show them at the hearing. Seriously, you want as complete an application as possible.

This post has been edited by nosferatu1001: Tue, 3 Oct 2017 - 09:50
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Trixie2
post Tue, 3 Oct 2017 - 14:41
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Sorry this is late to the party I'm an idiot! I have just zoomed in to the picture of their 'terms and conditions' and nowhere does it say that failure to pay the tariff will result in a parking charge. It states that not parking within a bay or causing an obstruction will result in a charge, but it doesn't mention not paying the tariff. Does this make my defence much much simpler?? Other than causing an obstruction and parking within a bay, there are no terms and conditions stated on here.



This post has been edited by Trixie2: Tue, 3 Oct 2017 - 14:41
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Trixie2
post Tue, 3 Oct 2017 - 16:18
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I have completely re-written my WS based on this sign and will post a little later.
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nosferatu1001
post Wed, 4 Oct 2017 - 06:51
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You include that as an ADDITIONAL point. You add that not paying that tariff does not mean the drivfer is liable for a charge.
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Trixie2
post Wed, 4 Oct 2017 - 14:44
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Done and everything e mailed in, with an acknowledgement received back. Will keep you posted!
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nosferatu1001
post Thu, 5 Oct 2017 - 07:09
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Printed signed and scanned? Ws has to be signed under a statement of truth. All evidence included in your submission?
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Trixie2
post Thu, 5 Oct 2017 - 08:16
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Yes. Printed the last page and signed statement of truth. All photos sent as PDF doc as well. Signed the statement of truth on the N244 form as well and scanned that back.

Ps I didn't include all the proof of moving. The court said i can bring that to the hearing. Is that right?
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Trixie2
post Thu, 5 Oct 2017 - 08:36
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Oh God just called the court again and spoke to someone else who said I should have sent it all! She said I shouldn't e mail it to them as they're working on a backlog, but wait until the case gets moved to my local court and then take it all there before the hearing.

Do you think that sounds right?
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Trixie2
post Thu, 5 Oct 2017 - 10:06
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Apps I did write on the n244 form that is be supplying it won't be news to them.
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nosferatu1001
post Fri, 6 Oct 2017 - 10:07
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OK that last sentence didnt make sense

Id post it in. Better safe than sorry.
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Trixie2
post Fri, 6 Oct 2017 - 11:39
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Sorry my phone changed words and I didn't notice. It said, I wrote on the N244 form that I would supply the bills etc, so they do know. I'll take them in once allocated locally.

One other question.... I notice the court changed my address on the CCJ. Will that look to the judge as though it WAS sent to the right address? What proof do I now have that it went to an old one?

Thanks again for your help.
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nosferatu1001
post Fri, 6 Oct 2017 - 13:05
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The poriginal claim forms will have this on it.
Again, YOUR WS IS EVIDENCE, you just tell the ocurt the address was changed. Youre over worrying, and not working this through.
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Trixie2
post Fri, 6 Oct 2017 - 13:37
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I do worry yes. Sorry! Will keep you posted.
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Trixie2
post Mon, 13 Nov 2017 - 22:52
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Hearing scheduled for mid-January. Will keep you posted. Fingers crossed!
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Trixie
post Sat, 6 Jan 2018 - 13:30
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Hello. Thanks for your help on this matter so far.

I'm just writing everything out for my hearing, which is in a couple of weeks, and wanted to double check something with you about PoFA, if that's OK. 9(2)(b) - does this mean the parking charge that arose from failing to pay, or the charge that the driver should have paid to use the car park? The paragraph states?

(b)
inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

ALSO - these were the original Particulars of Claim. I've stated that they were inadequate for failing to state how the terms and conditions were breached, and for failing to include a copy of their contract with Chase Farm Hospital. Is there anything else I can add to it?

PARTICULARS OF CLAIM
THE DRIVER OF THE VEHICLE REGISTRATION xxxx (THE 'VEHICLE') INCURRED THE PARKING CHARGE(S) ON 07/01/2016 FOR BREACHING THE TERMS OF PARKING ON THE LAND AT CHASE FARM -CHASE FARM HOSPITAL THE RIDGEWAY ENFIELD MIDDLESEX . EN2 8JL. THE DEFENDANT WAS DRIVING THE VEHICLE AND/OR IS THE KEEPER OF THE VEHICLE. AND THE CLAIMANT CLAIMS £160 FOR PARKING CHARGES / DAMAGES AND INDEMNITY COSTS IF APPLICABLE, TOGETHER WITH INTEREST OF £13.65 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8% PA, CONTINUING TO JUDGMENT AT £0.04 PER DAY.


This post has been edited by Trixie: Sat, 6 Jan 2018 - 14:42
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nosferatu1001
post Sat, 6 Jan 2018 - 17:20
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It’s the amount of money that should have been paid on the day, if any, to avoid a pcn.

I assume you’re writing your ws? When does it have to be in? The usual period is 14 days before.
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Trixie
post Sat, 6 Jan 2018 - 17:44
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QUOTE (nosferatu1001 @ Sat, 6 Jan 2018 - 17:20) *
I assume you’re writing your ws? When does it have to be in? The usual period is 14 days before.


Thanks Nosferatu1001. The WS went in a while ago - around October/November time. It was just one or two pages. This is just my own prep to remind myself of everything and help me explain everything on the day. Just getting together a pack for myself on the day, of all my evidence, legal docs, etc. Unless you mean there is something else I should have sent in?
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