Cloned Car + CPM Parking Fine

Half_way

Do you know who's car park this was?
Have you informed the parking company, and the car park owner about this?
ads unless I'm mistaken, coupon mad isn't a He

Loadsofchildren123

Send them a reply headed "Letter Before Claim".


Dear Sirs


I refer to your letter dated x.


This is a case of a cloned car. I informed your client of this on x date (copy letter enclosed), providing it with evidence that the DVLA has accepted and recorded the existence of the clone. I also reported the matter to the police on x date (since there is technically no crime against me I was not provided with any crime reference number).


I also told your client that I had never been to the car park in question. I was elsewhere on the day (using my car) and can provide evidence of my whereabouts. Your client kindly provided me with photographs, and these prove beyond all doubt what I am saying because a number of differences can be seen between my car and the cloned car, including

. On production of the evidence of the cloned car, your client should have ceased to retain and process my data and should have stopped writing to me. Yet it did not. It instructed various debt collectors to harass me for payment, who made increasingly threatening and aggressive comments designed to frighten me into paying a debt which your client knows is not due, and now it has instructed you to pursue me. Your client's actions (both direct and via third party agents) are a breach of my rights under the Data Protection Act and under the Protection from Harassment Act. If your client continues to write to me, via yourselves or any other third party or direct, then I reserve all my rights to issue a claim for damages and an injunction. Should your client issue proceedings, I will most certainly pursue damages and an injunction by way of a counterclaim. I will be seeking damages of £500 in respect of each breach. Please note that this letter is written as a Letter Before Claim. Also, if your client chooses to proceed in the face of overwhelming evidence that the claim against me is baseless, please be under no illusion that I will pursue full costs pursuant to CPR R27.14(2)(g). This matter is on all fours with the test set out in Dammerman v Lanyon Bowdler. It is wholly unreasonable for your client to pursue a case which I have already demonstrate is baseless. I require your client to cease retaining and processing my data and never to contact me about this matter again, either by itself or via third party agents such as your firm. yours faithfully etc.

twhitehousescat

caution ,

if this is a company vehicle , then the case would be heard at thier local court , you do not get choise

knowing "bill n ben" (IPC) they could run this to the finish and simply not turn up in court

if the court is a long way off the cost of going and the time involved could exceed the figures they want , perhaps they are hoping you (company) will pay up to reduce costs

perhaps after court location known , local solicitor , clued up and with correct paperwork , you should be able to claim some of there costs via the court , the rest as company use

Loadsofchildren123

Your defence will be incredibly simple - something like this:


Head it "DEFENCE AND COUNTERCLAIM"


1. The Defendant admits that he is the registered keeper of a [colour] Audi [vehicle make/model] registration number...... and that on x date he was driving the said vehicle.


2. The Defendant denies parking on the relevant land on the relevant date.


3. The Defendant avers that the car it is claimed was parked on the relevant land on the relevant date bore a clone number plate with the same VRN as is on the Defendant's vehicle.


4. The Defendant has already demonstrated to the Claimant that the car parked on the relevant land on the relevant date was a cloned car, by providing it with important differences between that car and his own vehicle and by providing evidence that he was elsewhere (with the car) on the relevant date. The Defendant avers that both the police and the DVLA are aware of the cloned car and he reported the matter to the DVLA on x date and to the police on x date.


5. The Defendant therefore denies the claim in its entirety.


Counterclaim


6. The Defendant repeats paragraphs 1-5 above.


7. Between x and y date, the Defendant has received x letters from the Claimant or third parties acting on its behalf, seeking recovery of a debt which is not due, and which it knows is not due since the Defendant provided evidence that the debt could not possibly be owed.


8. On x date, and on x occasions since, the Defendant has informed the Claimant that it should cease to pursue him in respect of the alleged debt.


9. The Claimant has nevertheless persisted. The Defendant has found the continued efforts to pursue him, combined with the threatening and aggressive nature of the correspondence, distressing and harassing and it has caused him significant stress and inconvenience. The Defendant informed the Claimant about this and asked it to stop contacting him, to no avail.


10. The Claimant's actions amount to harassment under the Protection from Harassment Act.


11. [someone will need to help you with the Data Protection breaches as it isn't my thing]


AND THE DEFENDANT CLAIMS:-
1. damages in respect of the harassment in the sum of £500,
2. an order prohibiting the Claimant from making any further contact with the Defendant in relation to this matter
3. damages in respect of the misuse of his data in the sum of £500,
4. an order compelling the Claimant to cease processing or storing his data.
5. An order that the Claimant pay his costs pursuant to CPR Rule 27.14(2)(g), given the Claimant's unreasonable behaviour in pursuing this Claim which it has been demonstrated is baseless.


Finish with date and Statement of Truth

waamo

I don't think you will need representation on such a clear cut case. The defence written for you is self explanatory.

I have a feeling if this went to court you would barely have to speak.

twhitehousescat

the PARKING companies local court , not gladrags , search
http://www.parkingappeals.info/company_guide_0_to_c.html click on company number and companies house will give location

Castle

@Loadsofchildren123
If Gladstones/UKCPM are chasing the company then I don't think Data Protection breaches or harassment will come into it.

twhitehousescat

I agree with waamo , you could handle this easily armedwith just a few pics and letters

the reason I suggested local solicitor , was due to your travel costs and time , max you could claim back (I think) would be £50

twhitehousescat

no , parking and possably a sandwich , NOT a full day at "management" rates

hence it could be cheaper with a hired gun , and claim £50 back for him

twhitehousescat

or have it heard on paper