Gladstones CCC - UKCPM

System · 2 March 2017 at 6:39PM

Regarding the SAR sent to UKCPM, it has now gone way past the 40 days

Did you include the £10?

Did you send it to the address on the ICO website?

Have you reminded them they had 40 days and the 40 days are up?

If yes to all three then raise a complaint with the ICO.

AOneVS · 2 March 2017 at 7:23PM

Cheque for £10 sent with the SAR to UKCPM. Not specifically to the data controller but included instruction to send to their data controller.

I had an email from UKCPM on another matter and asked if they were dealing with the SAR. They responded that it was in hand. I asked again 2 weeks later and no response.

I haven't wasted any more time on them. Surely they shouldn't need reminding of their obligation?

AOneVS · 8 March 2017 at 12:09PM

I've just been spending some time collating the various bits of evidence I can submit with my WS. Still no date from the court.

Does this sound like a good place to start:

1. Image of Beavis sign
2. Photos of the parking area, showing when it had no sign and when the sign was added in September.
3. Close up of the sign showing the visitor parking terms and BPA logo (version 1, September 2016), visitor parking terms and IPC logo (version 2 from Janurary 2017).
4. Photos of sign at entrance, showing it is illegible from car.
5. Email chain from me to BPA regarding incorrect logo on signage.
5. Copy of POFA Schedule 4 paragraph 8.
6. Copy of Henry Greenslade's wording from Popla Annual Report 2015.

Should I include a copy of the lease? Does this have to be in full?

My defence had a boatload of case law references, do I need to include a copy of each of those?

On the SAR, I sent a chaser email to UKCPM last week. It's the 2nd time they haven't responded. The SAR was originally submitted on 11th Jan by post, 56 days ago! Just read this on the Parking Prankster -

http://parking-prankster.blogspot.co.uk/2017/03/ukpc-lose-in-court-fail-to-respond-to.html

Would this have any bearing on my case?

Thanks in advance!

safarmuk · 8 March 2017 at 12:12PM

Out of interest have they cashed the cheque?

AOneVS · 8 March 2017 at 12:18PM

I've checked and the cheque they have hasn't been cashed.

Coupon-mad · 8 March 2017 at 2:03PM

Should I include a copy of the lease? Does this have to be in full?

Take the full lease to the hearing but with your Witness Statement you could file single pages/screenshots.

My defence had a boatload of case law references, do I need to include a copy of each of those?

A full transcript of each case (if the Prankster has all the case law on his website) needs to be with you at the hearing in your bundle. But in any case, we recommend you email the other side your WS and evidence so you could send them transcript attachment at no printing costs, except the cost for your bundle and the Court's own WS version (in a numbered evidence & WS file all printed out, hand delivered, get a receipt).

AOneVS · 8 March 2017 at 2:50PM

I've just been in touch with the ICO and they recommended I send a 'non response to sar' letter by recorded delivery to UKCPM. If they fail to respond to that within 14 days, then I can complain to the ICO.

Just got today's post, I now have a hearing date! End of May. Estimated 90 mins <--- we'll see about that

Coupon-mad · 8 March 2017 at 3:08PM

Good, and pop that in with your evidence as well.

AOneVS · 9 March 2017 at 1:44PM

My first go at writing the witness statement. At the moment I think it lacks some bite.

I’ll use this as a template for the header - http://childlawadvice.org.uk/wp-content/uploads/Witness-Statement.jpg

Witness Statement of Defendant

1. My name is XXXXXXXXXX. I live at XXXXXX I am the defendant in this matter. I make this statement from my own knowledge and personal experience.

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed

3. I am the registered keeper of a vehicle with the registration mark of XXXXX.

4. I received a Notice to Driver on **th ******** 2016. The vehicle was parked on a private estate within the terms of the lease. No sign was visible in the parking area.

5. I received a notice to keeper dated **th ******** 2016 for PCN number xxxxxx (dated **th ******** 2016).

6. At the time I did not respond to any of the above as I had done some research online into the IAS (Independent Appeals Service). My research revealed that the IAS, far from being independent, is a subsidiary of the IPC, which in turn is owned and run by the same two Directors who also run Gladstones Solicitors. The individuals in question are John Davies, and William Hurley. This set-up is incapable of providing any fair means for motorists to challenge parking charges, as well as potentially breaching the SRA Code of Conduct. This claimant's Solicitors appear to pay little regard to the 'overriding objective' within pre-court protocols, issuing incoherent copy & paste claims with no due diligence.

7. I received a letter dated the **th ********* 2016 from Gladstones (Exhibit…) regarding the outstanding PCN, number xxxxxxxxxcx (above)

8. I received a letter dated **th ********** 2016 from Gladstones with Particulars of Claim enclosed. (Exhibit…)

9. On the **th ******** 2017 I submitted a Part 18 request for further and better particulars to Gladstones via email (Exhibit…). This has not been responded to.

10. On the 11th January 2017 I submitted my initial defense so as to comply with the time constraints.

11. I filed my directions questionnaire on the County Court business Centre (CCBC) and Gladstones on the 2nd February 2017 and received a certificate of posting (Exhibit…).

12. On the **th ******** 2017 I receive Notice of Allocation to the Small Claims Track.

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

AOneVS · 10 March 2017 at 11:46AM

I've added some additional detail to my witness statement:

[FONT=&quot]Witness Statement of Defendant[/FONT]

[FONT=&quot]1. My name is XXXXXXXXXX. I live at XXXXXX I am the defendant in this matter. I make this statement from my own knowledge and personal experience.[/FONT]

[FONT=&quot]2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed[/FONT]

[FONT=&quot]3. I am the leaseholder at XXXXXX as of **th ******** 2015. (Exhibit...) [/FONT]

[FONT=&quot]4. I am the registered keeper of a vehicle with the registration mark of XXXXX.[/FONT]

[FONT=&quot]5. I received a Notice to Driver on **th ******** 2016. The vehicle was parked on a private estate within the terms of the lease. [/FONT]

[FONT=&quot]6. No sign was present in the parking area. (Exhibit...) [/FONT]

[FONT=&quot]7. No terms mentioning vistor parking on the sign at the entrance to XXXXXX. (Exhibit...) [/FONT]

[FONT=&quot]8. All signs around the estate showed the BPA Approved Operator logo. (Exhibit...) The BPA confirmed that the Claimant was not an Approved Operator (Exhibit...) They have been an IPC Approved Operator since 1st October 2015. [/FONT]

[FONT=&quot]9. I received a Notice to Keeper dated **th ******** 2016 for PCN number xxxxxx (dated **th ******** 2016).[/FONT]

[FONT=&quot]10. At the time I did not respond to any of the above as I had done some research online into the IAS (Independent Appeals Service). My research revealed that the IAS, far from being independent, is a subsidiary of the IPC, which in turn is owned and run by the same two Directors who also run Gladstones Solicitors. The individuals in question are John Davies, and William Hurley. This set-up is incapable of providing any fair means for motorists to challenge parking charges, as well as potentially breaching the SRA Code of Conduct. This claimant's Solicitors appear to pay little regard to the 'overriding objective' within pre-court protocols, issuing incoherent copy & paste claims with no due diligence.[/FONT]

[FONT=&quot]11. I received a Letter Before Claim dated the **th ********* 2016 from Gladstones (Exhibit…) regarding the outstanding PCN, number xxxxxx (above)[/FONT]

[FONT=&quot]12. I received a letter dated **th ********** 2016 from Gladstones with Particulars of Claim enclosed. (Exhibit…)[/FONT]

[FONT=&quot]13. On the **th ******** 2017 I submitted a Part 18 request for further and better particulars to Gladstones via email (Exhibit…). This has not been responded to.[/FONT]

[FONT=&quot]14. On the **th ******** 2017 I submitted an Subject Access Request to the Claimant requesting any data held about me. (Exhibit...)[/FONT]

[FONT=&quot]15. On the **th ******** 2017 I submitted my initial defense so as to comply with the time constraints.[/FONT]

[FONT=&quot]16. I filed my directions questionnaire on the County Court business Centre (CCBC) and Gladstones on the **nd ******** 2017 and received a certificate of posting (Exhibit…).[/FONT]

[FONT=&quot]17. On the **th ******** 2017 I received a Notice of Allocation to the Small Claims Track.[/FONT]

[FONT=&quot]18. On the **th ******** 2017 I sent a letter to the Claimant requesting a response to the Subject Access Request as the 40 day deadline had passed. (Exhibit...)[/FONT]

[FONT=&quot]I believe that the facts stated in this witness statement are true[/FONT]

Getting there, but still lacks some teeth

Gladstones CCC - UKCPM

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