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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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Redivi
post Wed, 21 Feb 2018 - 16:50
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Send the response to the court with a copy to Gladstones

You've received the letter and, in the event that Gladstones applies for such an order, you will not consent to it for the following reasons

This post has been edited by Redivi: Wed, 21 Feb 2018 - 16:50
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Trixie2
post Wed, 21 Feb 2018 - 16:53
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QUOTE (Redivi @ Wed, 21 Feb 2018 - 16:50) *
Send the response to the court with a copy to Gladstones

You've received the letter and, in the event that Gladstones applies for such an order, you will not consent to it for the following reasons


Thanks. Edited my post above with my response. Is that good to go do you think?
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Redivi
post Wed, 21 Feb 2018 - 17:17
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You need to change the reasons to the ones that apply to your particular case :

You want to question why the Claimant failed to verify that the Defendant's address was correct
Why it asserts that a contract was formed when its payment machine was not working and no contract was possible
Why it asserts that a contract was formed when the driver left as soon as it was evident that no contract was possible
Maybe another but its a long thread to check the defence for a particularly contentious issue
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Trixie2
post Wed, 21 Feb 2018 - 19:35
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Thanks Redivi. Is this OK do you think? Not too wordy?

The Defendant has been informed that the Claimant has proposed a hearing on the papers because it considers the matter to be relatively straightforward.

The Claimant also requests to transfer the hearing to the Claimant's local court if the Defendant does not consent.

The Defendant objects strongly to these proposals.

The Defendant denies that the matter is relatively straightforward.

The issues in dispute include whether a contract was formed and wording of said contract, and signage that was displayed at the time.

As a litigant in person, the defendant is seriously disadvantaged against the claimant, a parking company that has employed its trade association's solicitor to prepare its documents.

The defendant will probably also wish to question the claimant about why they failed to verify they were serving proceedings at the correct address, why they failed to maintain their machines in a fit and proper state so payment could be made, why they did not have any compliant signage in the car park, why they issued a parking charge knowing their signage could not offer a contract, why they issued a parking charge for 'failure to pay for duration of stay' when there was no such clause in the 'contract'.

The Defendant also wishes to question the Claimant regarding its witness statement and other documents. The defendant will in particular wish to verify that any photographs submitted by the claimant show the signage in place at the time of the event and not signage that was originally erected, or has been erected since.

The defendant therefore requests that the matter is transferred to his local court in accordance with the Civil Procedure Rules when the defendant is a consumer.
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Trixie2
post Thu, 22 Feb 2018 - 18:59
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Hello. I have e mailed the court a slightly edited version of what I wrote above, and copied in 'Andrew', that e mailed me.

Is e mail OK? Or should I have put a hard copy in the post to Gladstones?
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Trixie2
post Wed, 11 Apr 2018 - 15:14
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Hello. So last week I got a letter from the court stating the hearing would be at my local court on a date in June.

The letter started by saying that if the Claimant hasn't paid the hearing fee, or applied for help with it, by another date in June then the case will be struck out and they'll be ordered to pay my costs.

Now the thing is, my WS and evidence has to be served 2 weeks AFTER the deadline for them paying. Should I wait to see if they pay before bothering to write the WS? Or get it in early?

What are the odds they'll pay the fee?

Thanks.
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kommando
post Thu, 12 Apr 2018 - 08:06
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A lot more people fold than carry on defending, they will see the fee as an expense that will be more than offset from the payments it gets plus Gladstones just pass all the charges on to the PPC for them to pay anyway.
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nosferatu1001
post Thu, 12 Apr 2018 - 09:57
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Write your WS as soon as you can. As it is a listing of facts known to you, the sooner you write it the easier it is to write.
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Trixie2
post Thu, 26 Apr 2018 - 15:06
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Hello. I've knocked up this witness statement - would appreciate some feedback. My defense was pretty robust and legally well argued so I assume I don't need any of that in this statement? Is this OK please? Is there anything more I need to add or take out?

By the way I know each paragraph needs to be numbered but I'll do that once I've got it finished. Thanks!

IN THE COUNTY COURT AT WATFORD CLAIM NO.

BETWEEN:


GEMINI PARKING SOLUTIONS LONDON LIMITED
Claimant
And


Defendant

____________________________________________________________

WITNESS STATEMENT OF
____________________________________________________________


I am , the defendant in this matter. My address for service is

This is my statement of truth.

As an unrepresented litigant-in-person I seek the Court's permission to amend and supplement this
defence as may be required upon disclosure of the claimant's case.

On 7th January 2016 I was the registered keeper of vehicle xxx, and attended an appointment at Chase Farm Hospital. I attended with two other people that day but do not recall who drove.

The car park operates a pay on exit system monitored by ANPR cameras.

After attending the appointment we left the hospital and as the appointment was for me and I was the only one with cash on me, I was the one who went to pay for parking. The machines did not accept the coins I was attempting to pay with and each time one was inserted the machine rejected it.

Having no other means to pay I went to look for an operative in the booth adjacent to the help point. Upon finding the booth empty I pressed the help button located nearby. The call went unanswered and eventually cut off. I pressed it once more and again the call went unanswered and cut off.

I looked around the car park but could not find anyone to help me. Despite trying my hardest to pay I was unable to and I had no option but to leave.

It appears from paperwork sent to me by the Claimant on 26th September 2017, in relation to this claim, that a NtK was issued to me approximately two weeks later, stating a ‘parking charge’ was due because of a breach in the terms and conditions, more specifically, a ‘failure to pay for duration of stay’.

During this time I was dealing with two very stressful matters. Firstly I was writing my witness statement for a legal case in relation to the death of my eldest daughter. The statements and evidence had to be filed and served and I was under a lot of pressure to finish writing it. It was also during this time that I was dealing with a very pressurised house sale and purchase. I was therefore not capable of responding to Gemini immediately but I was aware they would write to me again and intended to respond to their next letter, once my witness statement had been written.

On 1st March 2016 we moved house and my partner organised a mail redirection. There was a two day overlap before the redirection began, so we visited our old address to collect any mail that had not made the redirection and there was nothing more from Gemini Parking.

After moving I did not receive any more correspondence about the Parking Charge from Gemini Parking, or anyone else that they subsequently hired to deal with it and did not think about it anymore.

In September 2017 I discovered by chance, that Gemini Parking had won a default CCJ against me at my old address. I was very distressed and shocked by this discovery, especially as I had received no communications about it at all. I was on the electoral roll and my name was on numerous utility bills, where both DRP and Gladstones could easily have found me to serve papers.

I contacted Gemini Parking, Debt Recovery Plus, and Gladstones Solicitors, numerous times for more information. Gemini Parking initially said it was no longer anything to do with them and refused to send me any information. DRP would not assist me unless I paid an access request charge and despite calling and e mailing Gladstones numerous times I have never had a response from them. Gemini Parking eventually agreed to send a copy NtK and Reminder Notice, which was received at the end of September.

With Gladstones not responding to any of my requests for more information I was forced to return to Chase Farm Hospital to check the terms and conditions the driver was alleged to have breached.

It was during this visit that I discovered a contract could not have been formed on 7th January 2016 between the driver and Gemini Parking, due to missing, unclear, inadequate, and non-compliant signage. I also discovered that no terms or conditions existed at all in relation to failure to pay for the duration of stay. I took numerous photos of their signage and the car park and returned home.

With still no response from Gladstones Solicitors, and very worried about what would happen next, I applied for a set aside and on 24th January 2018 I explained my defence in detail to Deputy District Judge Duchenne. Upon hearing all the details of the case he decided that the CCJ should be set aside and my defence filed and served within two weeks, which was duly done.

Since then I have still not received any paper work from Gladstones Solicitors or Gemini Parking, and have no idea what the basis of their claim is considering their non-compliant and unclear signage.



STATEMENT OF TRUTH

I believe that the facts stated in this witness statement are true.

SIGNED: …………………………………


DATED: ………………………………...

This post has been edited by Trixie2: Thu, 26 Apr 2018 - 15:07
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nosferatu1001
post Fri, 27 Apr 2018 - 08:08
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The idea of a WS is it recounts the facts surruinding the event, and also is the ONLY place you can reference your evidence - letters, photos, etc. This needs to tie to your defence arguments - so if you say the signs are rubbish, then photos of signs would be good.

No need to really explain the set aside and CCJ process - thats been settled. A brief account is all I can suggest.
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Trixie2
post Fri, 27 Apr 2018 - 08:22
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Ok thanks. I'll re-write. I referenced all my evidence in my defence. Do I need to do that again then?

Also, where can I find examples of witness statements? The only ones I'm coming up with are long legally argued defences. Thanks.
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nosferatu1001
post Fri, 27 Apr 2018 - 08:27
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Your defence was not the place to reference evidence - not a single defence youve seen here will have shown that. A defence is jsut a set of arguments, not the evidence.

MSE Forum, newbies thread, post 2.
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Trixie2
post Fri, 27 Apr 2018 - 08:35
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Oh ok. I wish someone would have mentioned that when I posted my defence. I've not done this before so had no idea. No matter. The courts still seem happy.

I'm confused with what the differences are between a defence and a witness statement.
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nosferatu1001
post Fri, 27 Apr 2018 - 09:08
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The court hasnt even read your defence yet.

Youve been told that arleady

WS - facts, plus referecens to the evidence that supports your defence
Defence - series of legal arguments why youre not liable.

One argues, the other states facts you know. A fact is "I am the keeper of vehcile with VRM ....". AN arguemtn is "I am not liable because...."
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Trixie2
post Wed, 2 May 2018 - 21:24
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OK so what should I do now? Should I take out all references to evidence in my defence and re-serve it? It might get confusing if I have references in my WS too.
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nosferatu1001
post Thu, 3 May 2018 - 07:53
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You cannot reserve your defence without paying £255 to ask for permission to do so.
Thats why I didnt say to do that.
Whats done is done. It isnt fatal to your case.

What you do now, relatively obviously, is have your references in your WS match those in the defence/. of course, you can add new documents to your bundle now - youre not limited to what you thought of at the time you wrote your defence.

As youve been told, get on with your WS. Hopefully by now you can tell the difference, as examlpel WS are found here and on MSE forum so you can read the difference.
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Trixie2
post Thu, 10 May 2018 - 14:06
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Here is an updated version of my witness statement. Would appreciate some feedback on whether I've written too much. Do I need to add in no keeper liability with regard to non compliant documents?
Or is it enough that I put that in my defence? Thanks in advance.

I am XXXX, the defendant in this matter. My address for service is XXXXX

This is my statement of truth.

As an unrepresented litigant-in-person I seek the Court's permission to amend and supplement this
defence as may be required upon disclosure of the claimant's case.

It is believed that it will be a matter of common ground that the purported debt arose as the result of
the issue of a parking charge notice in relation to an alleged breach of the terms and conditions by the
driver of the above vehicle when it was parked at Chase Farm Hospital on 7th January 2016.

On 7th January 2016 I was the registered keeper of vehicle XXXX, and attended an appointment at Chase Farm Hospital. I attended with two other people that day but do not recall who drove; it would not necessarily have been me.

The car park operates a pay on exit system monitored by ANPR cameras. After attending the appointment we left the hospital and as the appointment was for me and I was the only one with cash on me, I was the one who went to pay for parking. The machines did not accept the coins I was attempting to pay with and each time one was inserted the machine rejected it. I believe the machine had either not been emptied and could not accept any more money, or had an internal fault.

Having no other means to pay I went to look for an operative in the booth adjacent to the help point. Upon finding the booth empty I pressed the help button located nearby. The call went unanswered and eventually cut off. I pressed it once more and again the call went unanswered and cut off.

I looked around the car park but could not find anyone to help me. Despite trying my hardest to pay I was unable to and I had no option but to leave. I was completely unaware that any terms and conditions existed at this car park that the driver would have been bound by upon entry.

It appears from paperwork sent to me in September 2017, by the Claimant that a NtK was issued to me approximately two weeks after the visit, stating a ‘parking charge’ was due because of a breach in the terms and conditions, more specifically, a ‘failure to pay for duration of stay’.

I intended to respond to the letter with my defence but at that time I was dealing with two very stressful matters, including writing a witness statement regarding the death of my eldest daughter, and a very stressful house sale and purchase. (Please see appendix LC001, which is an e mail exchange between me and my solicitor regarding the witness statement, and expert reports that I had to go through. Please also see appendix SALE001, which is a sales memorandum regarding our house sale and purchase, with the strict stipulation about very tight exchange and completion dates)

I knew that Gemini Parking would write to me again so due to the immense pressure I was under I decided to concentrate on my witness statement and the house move, and reply to Gemini Parking when they next wrote to me, jogging my memory.

On 1st March 2016, after a delay in completion, my partner and I moved house, and my partner organised a mail redirection. There was a two day overlap before the redirection began, so we visited our old address to collect any mail that had not made the redirection and there was nothing more from Gemini Parking. (Please see appendix SALE 002, which is a completion statement, appendix SALE003, which is a copy of the register title, and appendix SALE 004, which is a bank statement copy showing a payment to the Post Office. I cannot find the original receipt, but this payment is for mail redirection for two people.)

After moving I did not receive any more correspondence about the parking charge and did not think anything more of it.

The first I knew that Gemini Parking had taken things further and gone to court was when I discovered the default judgement in September 2017, after checking my credit file. I had not received any paperwork leading up to or after the judgement was entered and was completely shocked to see the judgment.

As I was completely unaware that any terms and conditions existed in the car park, I returned to investigate what signage would have been available to the driver that day.

Upon entering the car park I immediately noticed that one of the entry signs was missing some mandatory information. (Please see appendix RL001, which is a copy of the BPA’s Code of Practise example of what an entrance sign must look like. Please also see appendix RL002, which is a copy of the sign available at the car park entrance. Please note the sign does not contain any warning that terms and conditions apply, nor does it state where the terms and conditions can be found.)

The main entry sign is too far away from the driver with very small font, meaning it is impossible for drivers to read, or take in any essential text regarding any terms or conditions. As such it’s impossible to know any of the terms and conditions you’re agreeing to be bound by when you enter the car park. (Please see appendix RL003, which is what the driver sees as they pull into the car park.)

Drivers are also prohibited from getting closer to the sign on foot, after they’ve parked, due to it being cordoned off with bollards so again, drivers have no way of knowing that terms and condition exist. (Please see appendix RL004, which is a photograph of the cordoned off sign.)

There were also no signs at all anywhere inside the car park that drivers would drive or walk past after leaving the car, stating that terms and conditions existed. (Please see appendix RL005-RL009, which are various photos from around the car park showing a lack of signage.)

There are signs at the back of the car park, outside by the vehicle exit, and inside the pay booth, but a motorist would not be aware of these signs when they park and leave their car. They would only see them once they’re ready to leave the car park after their stay. (Please see appendix RL010, which is a photograph of the sign as the driver leaves the car park.)

Upon further inspection of the sign at the pay booth, it appears there is no such term or condition that states the driver agrees to pay a parking charge for ‘failing to pay for the duration of the stay’. (Please see appendix RL011, which is a close up of the signage available at the pay booth.) The sign makes it clear that causing an obstruction and not parking within a bay will result in a parking charge, but the terms and conditions make no reference to a parking charge arising for failing to pay for the duration of the stay, and as such is very confusing for a motorist. (Please see appendix RL012, which is a copy of the Beavis V Parking Eye case sign that the Supreme Court deemed to be a clear sign).
There is not a single sign that gives ‘adequate notice’ of this parking charge and it is not brought to the attention of drivers. I therefore contend that the signage in place does not meet the standards outlined by the BPA Code of Practice, the Supreme Court, or the Consumer Rights Act 2015, in that the wording of the notices are not sufficiently “clear” to bring the ‘parking charge’ to the attention of the motorists who use this car park. As such the signs were incapable of forming a contract with the driver on 7th January 2016.

If the Claimant wanted to ensure drivers abided by their terms and conditions they would have ensured their signed was compliant and obvious, according to Lord Denning’s Red Hand Rule. They would also have their machines regularly serviced and in a fit and proper working order, as well as have their car parks manned should any problems with their machines arise.

Having gone back to the car park, I am confident that whoever drove on 7th January 2016 was unaware of any such terms and conditions and as such a contract was not formed.

As such I dispute that as the registered keeper, I am liable for this ‘debt’.

Since discovering the CCJ I have tried to contact Gladstones Solicitors on numerous occasions by phone and e-mail to discuss the purported debt with them. I asked various questions about the claim and requested all documents relating to it. Those invitations were ignored completely and to date I have had
no response from the Claimant’s solicitors, Gladstones or the Claimant themselves.


This post has been edited by Trixie2: Thu, 10 May 2018 - 15:08
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nosferatu1001
post Fri, 11 May 2018 - 13:30
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You dont appear to understand the purpose of your WS

IT relates facts, and provides the evidence to back up your defence. SO yes, it must state the evidence that supports your assertion that they have failed to make you, the keeepr, liable.
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Trixie2
post Fri, 11 May 2018 - 14:36
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You're right - I don't understand. I feel like I'm just writing mostly the same thing all over again.

I will add in about keeper liability but in the meantime in the rest ok?
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ManxRed
post Fri, 11 May 2018 - 14:42
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Witness Statement - a list of facts about what happened with evidence to support. I am the Registered Keeper of vehicle AB12 ABC. On this date/time the vehicle was left at XXXXXX. On date XXX I received a Notice to Keeper (Appendix 1), I wrote back on this date stating this (Appendix 2), they failed to answer my questions, etc....

Skeleton Argument - Legal arguments as to why you don't owe them anything. E.g. the signs are hidden / badly worded / incapable of forming a contract, and an outline of why this is. You have the reasonable belief they do not have legal standing to pursue you in court for any alleged charge. You've asked for a copy of contract, not seen one. They failed to comply with PoFA 2012 - detail on why they failed. Etc... You don't need to go into lots of detail on the arguments, just a brief outline which you can elaborate on when you're in court. You don't need supporting docs at this point, that will be in the court bundle later.

This post has been edited by ManxRed: Fri, 11 May 2018 - 14:43


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