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Please help! CCJ from Gemini Parking Solutions

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  • Please help! CCJ from Gemini Parking Solutions

    Hi there,

    I received PCN from Gemini parking solutions last November. I was using a leisure centre at the time which stated on their website "free parking for centre users". I was there approximately 1 hour 30 mins. When I received the PCN, I took a screenshot of the website and complained directly to the leisure centre who took a photocopy of the PCN and said that they'd deal with it (which they clearly didn't). Rightly or wrongly, I decided to take the "militant" approach and have no direct contact with Gemini parking solutions thinking if they take me to court, I have enough evidence against them. Since then, I moved house.

    Fast forward 12 months and and my dad who lives at my former address informed me that I have CCJ stating I did not reply to the claim form (which I never received because of the change in address...although he swears he never saw anything at the old address either, just this CCJ)

    On the CCJ it says that I owe the claimant £269 (£172 for debt and £97 for fees).

    Obviously now I have to get the CCJ set aside which will cost me a court fee of £255 (which is not much less than the £269 with the risk of losing, plus time, stress etc.) The CCJ is dated from a couple of days ago so I want to act quick.


    Here lies my problem. It makes me sick to think that out of ease I should just pay up. Out of principal I want to fight this case tooth and nail as I feel I have strong evidence why I don't owe this thieving company a penny. I still have the Screenshot from the time stating that the leisure centre car park is free to users (this has subsequently been changed on their website) I have the invoice for the football pitch to show i was indeed using the facilities. I also have photos of the car park from the time showing that there were no clear signs on the entrance. I even have a photo of the only ticket machine in the area that was covered with a plastic and clearly out of order!

    Is it worth pursuing out of principal and risk losing which may mean paying the set aside fee and Gemini (totalling over £500)?
    Would there be a chance of claiming the set aside fee back from Gemini? Is there even a chance of claiming compensation for time/stress etc?
    I'm worried it might work against me as I never updated the DVLA with my new address and also never contacted Gemini telling them I moved (I didn't see why I should as I feel I owe them nothing)
    Or should I just cut my loses and be robbed by this company?

    Here's a draft of how I was thinking of arguing my case to have it set aside:

    My name is ------------ and I am the Defendant. This my supporting Statement in support of my application dated to:


    1. Set aside the Default Judgement dated --------------- as it was not sent to my current address and order for the Claimant to reimburse the Defendant £255 set aside fee within 14 days of the set aside hearing.


    2. Order for the original claim to be heard at a re-hearing.


    1. Default Judgement


    1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant.

    The claim form was not served at my current address and I thus was not aware of the Default Judgement until ----------- when the person living at the current address forwarded it to me. Please refer to the provided signed statement from the person living at my former address stating it's possible the initial court claim were sent to --------------- but they didn't see any and if they had, they would've forwarded them on to me straight away, as they did with the CCJ.


    I understand that this Claim was served at ---------------. However, I moved to a new address at -------------------- on the --------------. In support of this I can provide a solicitor’s completion statement showing the proposed date of completion, Official copy of register of title with my new address and confirmation from --------------- Council showing my updated details for the purposes of paying Council tax. The Claimant was also contacted on the phone by the person living at my former address and told that, I the defendant, did not live there anymore. The claimantfailed to inquire during the call what the forwarding address was or purposely ignored this piece of information. Please refer to the same signed statement as before from the person living at my former address with regards to this.


    1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim. They have used information that was at the time nine months out of date.


    1.4. In the U.K, the constant failure by companies to use correct and current addresses results is an unnecessary anxiety and grievance for many people like me. Justice Minister Sir Oliver Heald put it well when he pointed this out in December 2016:


    "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address."


    1.5. On the evidence above, I'd like to propose that the Claimant did not fulfill their duty to use the Defendant’s current address when bringing the claim and therefore I was unable to defend this claim. I believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 within 14 days of the set aside hearing from the claimant, should this request be successful (especially considering the following evidence I can provide with regards to the original claim). Please also note I have responded swiftly to contest the CCJ upon finding out about it, as I would have done had I received the initial court papers.

    2.


    I'd like to contend that I am not liable for the Parking Charge from Gemini Parking Solutions due to these points:


    - "Free parking for users" stated on leisure centre website at time of parking.

    - No clear indication in the car park that I had to pay for my stay.

    - Only pay and Display ticket machine in the area was out of use and covered in plastic.


    Summery of events.


    2.1 On 10th of November 2016 I parked for less than 2 hours in Rivermead leisure centere car park from around 9:00pm-10:30pm . This car park was at the time of parking, advertised on the Leisure centre website as "free to users". Please see exhibit A. Screenshot of the leisure centre's website home page from 1/12/2016. On the bottom line in brackets, it states "free to users". This has subsequently been changed by the website administrator.


    2.2. Please see Exhibit B. An invoice from Rivermead Leisure Centre from November - December to our club treasurer showing I was indeed using the facilities of the leisure centre at the time.


    2.3 To add, at the time of parking I was completely unaware of any signs saying that I needed to pay for the use of the car park. After I received the PCN from Gemini Parking Solutions On 1/12/16 I revisited the site to see if there were any signs. Upon arriving, I took pictures of the entrance to the car park as there was no visible signs anywhere. I also took a picture of the only thing that resembled a pay and display machine in the area, which was covered in grey plastic and clearly not in use. Please see Exhibit C. and D. I still have these photos dated 1/12/16 on my computer.


    2.4 On the same evening of 1/12/16 I took all the above evidence to the Leisure centre directly and pointed out that on their website it stated "free to users" and that there were no clear signs and no working machine in the area to even indicate I had to pay. A member of staff on reception then took a photocopy of my PCN letter and said that she would deal with the PCN and get it rescinded by Gemini Parking Solutions (which was clearly not done on their part).


    2.5 Considering the evidence above, I feel I do not owe Gemini parking solutions any money for my stay in the car park on that evening.

    Finally, as someone who suffers from anxiety and depression, I'd like to point out that Gemini Parking Solutions actions have had a significant detrimental effect on my mental health causing unnecessary stress and anxiety that could have been avoided had they not perused this claim for which they had no grounds against me.

    ----------------------------------------------------------------------------------------

    I'm so frustrated that I did not receive the initial court papers as I feel I have more than enough evidence (I remember thinking at the time, if this goes as far as court they don't have a leg to stand on) but now I'm getting worried as the set aside fee is £255 with no guarantee of it being set aside.

    Is this worth pursuing?

    Thank you for you help in advance!
    Tags: None

  • #2
    Re: Please help! CCJ from Gemini Parking Solutions

    Hi, welcome to LB.

    When you moved, did you update your details with the DVLA?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Please help! CCJ from Gemini Parking Solutions

      Hi thank you,

      No unfortunately I didn't (bogged down with all the paperwork from the move I simply forgot).
      I was not hiding as I was on the Electoral register at my new address and council had me at my new address for council tax purposes. I didn't want any contact with the Car Park company as I thought I had sorted it with the Leisure centre directly and I knew the Car Park company was just trying their luck.

      Comment


      • #4
        Re: Please help! CCJ from Gemini Parking Solutions

        Ok.

        I'm guessing that you were pursued as registered keeper.

        If so, it is best not to ID who was driving.

        You may have other technical defences which are available to the RK but not the driver.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

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