Parking Eye are taking me to County Court (and I haven't done anything wrong!!!!)

Coupon-mad

GeorgeKnows wrote: »

Yes - All I have is a LBCCC. I've never done this before, but I will try and piece together my defence today.

That's not what I said you need to do. It's merely an email to set the scene and I told you what to say (and what not to say). Email is:

enforcement@parkingeye.co.uk

Loadsofchildren123

Respond thusly:


Dear Sirs


Thank you for your letter of x


As you know, I dispute the claim in its entirety. This is clearly a case of "double dipping". As I have been at pains to point out to you, I actually visited the land in question (a motorway Service Station) twice in the 14 hour period - I did not leave my car there and complied on each occasion with the two hour time limit for parking. On the first occasion ([first date]), the purpose of my visit was to collect my partner, and she was dropped off there by a friend. I was there for about 20 minutes, entering at about [x] o'clock and leaving at about [y] o'clock. On the second occasion, which was the following day ([second date]), I went there for something to eat (which I often do - I work nearby). I stayed there for about 40 minutes, entering at about [x] o'clock and leaving at about [y] o'clock.


You are therefore mistaken in the assertion that my car remained parked there for 14 hours.


Either you have not properly checked your APNR records, or the APNR has malfunctioned in not properly recording my car leaving the Services after my first visit on [first date]. APNR camera systems are notorious for these sorts of errors, as you will be very well aware.

If this matter proceeds, I can (and will) provide witness evidence from my partner and the friend who took her to the Services on [first date], from my partner's parents who can confirm that I was driving my car in the early hours of the morning of [second date], and from more than one work colleague who will confirm that I was driving my car during the morning of [second date] - thus showing that the car cannot have been parked for 14 hours at the Services.


If you choose to proceed, please note that I will require you to produce a full list of all vehicle registration numbers recorded as leaving the Services between the hours of [x and y] on [the first date] so that I can check for similar VRNs to mine (which will illustrate whether the APNR system failed by wrongly reading/recording my VRN, or whether the system failed entirely by not recording any VRNs for a period of time which I understand can often happen), and so that I can check for the VRN of the car driven by the person who dropped my partner off at the Services just before I collected her. This is information which is within your possession and which can easily be produced in order to dispose of the assertion that my car was parked there for 14 hours. This is the sort of information which you are under a duty to produce pursuant to paragraph 6(c) of the Practice Direction- Pre-Action Conduct and if you refuse to produce it then your conduct will be drawn to the court's attention when it comes to conducting the claim and when it comes to the question of costs, and I will seek an order that you must produce it. Clearly, the information is of crucial importance and it will show that the claim is misconceived and bound to fail.


I invite you to withdraw from this matter. If you choose to proceed to write to me then I will view this as continued harassment of me under the Protection from Harassment Act. If you choose to issue proceedings against me they will be vigorously defended and, given the wealth of evidence, I cannot envisage any circumstances in which you would succeed. I put you on notice that I will counterclaim for a breach of my rights under the Data Protection Act and I will seek a costs order against you under Rule 27.14(2)(g) due to your entirely unreasonable behaviour in pursuing a totally hopeless and baseless claim.


Please take this letter as formal notice that you must desist from storing and handling my data forthwith. Any failure to do so will aggravate your liability to me for your existing breaches of my rights under the Data Protection Act.


Yours faithfully etc.




How did you pay for your lunch on the second date? If by card, produce a copy of your bank statement with personal details, account numbers etc blacked out, save for your name, showing that you bought lunch there.
Also write to whoever owns the services, telling them that you work nearby and how often you go there and spend money there and asking them if they can help. Tell them the unscrupulous actions of their parking management company is driving away a regular customer. Send them a copy of the LBC and this response.

GeorgeKnows

Loadsofchildren123 wrote: »

Respond thusly:


Dear Sirs


Thank you for your letter of x


As you know, I dispute the claim in its entirety. This is clearly a case of "double dipping". As I have been at pains to point out to you, I actually visited the land in question (a motorway Service Station) twice in the 14 hour period - I did not leave my car there and complied on each occasion with the two hour time limit for parking. On the first occasion ([first date]), the purpose of my visit was to collect my partner, and she was dropped off there by a friend. I was there for about 20 minutes, entering at about [x] o'clock and leaving at about [y] o'clock. On the second occasion, which was the following day ([second date]), I went there for something to eat (which I often do - I work nearby). I stayed there for about 40 minutes, entering at about [x] o'clock and leaving at about [y] o'clock.


You are therefore mistaken in the assertion that my car remained parked there for 14 hours.


Either you have not properly checked your APNR records, or the APNR has malfunctioned in not properly recording my car leaving the Services after my first visit on [first date]. APNR camera systems are notorious for these sorts of errors, as you will be very well aware.

If this matter proceeds, I can (and will) provide witness evidence from my partner and the friend who took her to the Services on [first date], from my partner's parents who can confirm that I was driving my car in the early hours of the morning of [second date], and from more than one work colleague who will confirm that I was driving my car during the morning of [second date] - thus showing that the car cannot have been parked for 14 hours at the Services.


If you choose to proceed, please note that I will require you to produce a full list of all vehicle registration numbers recorded as leaving the Services between the hours of [x and y] on [the first date] so that I can check for similar VRNs to mine (which will illustrate whether the APNR system failed by wrongly reading/recording my VRN, or whether the system failed entirely by not recording any VRNs for a period of time which I understand can often happen), and so that I can check for the VRN of the car driven by the person who dropped my partner off at the Services just before I collected her. This is information which is within your possession and which can easily be produced in order to dispose of the assertion that my car was parked there for 14 hours. This is the sort of information which you are under a duty to produce pursuant to paragraph 6(c) of the Practice Direction- Pre-Action Conduct and if you refuse to produce it then your conduct will be drawn to the court's attention when it comes to conducting the claim and when it comes to the question of costs, and I will seek an order that you must produce it. Clearly, the information is of crucial importance and it will show that the claim is misconceived and bound to fail.


I invite you to withdraw from this matter. If you choose to proceed to write to me then I will view this as continued harassment of me under the Protection from Harassment Act. If you choose to issue proceedings against me they will be vigorously defended and, given the wealth of evidence, I cannot envisage any circumstances in which you would succeed. I put you on notice that I will counterclaim for a breach of my rights under the Data Protection Act and I will seek a costs order against you under Rule 27.14(2)(g) due to your entirely unreasonable behaviour in pursuing a totally hopeless and baseless claim.


Please take this letter as formal notice that you must desist from storing and handling my data forthwith. Any failure to do so will aggravate your liability to me for your existing breaches of my rights under the Data Protection Act.


Yours faithfully etc.




How did you pay for your lunch on the second date? If by card, produce a copy of your bank statement with personal details, account numbers etc blacked out, save for your name, showing that you bought lunch there.
Also write to whoever owns the services, telling them that you work nearby and how often you go there and spend money there and asking them if they can help. Tell them the unscrupulous actions of their parking management company is driving away a regular customer. Send them a copy of the LBC and this response.

Not all heroes wear capes... Thank you ever so much for your help. I'm blown away by what you've written.

I'm sure that I paid cash on the day that I returned, I'll have to double check my account statements.

You really have helped me beyond belief. Thank you!

Loadsofchildren123

It probably won't see them off, they prey on people like you who are then scared into paying. It might do, but expect them to carry on and don't be scared by it.


You have a really, really good defence. If you draft the documents properly (if and when a claim is issued) - which you WILL do with the forum's help - you will win. And they may yet withdraw (in mine they withdrew the day before the hearing). Your partner, her parents, the friend and a colleague or two will have to make statements and be prepared to go to court with you though to back up what you've said.
I doubt they'll produce the APNR info, but you can then tell the court you asked and they refused.
This letter sets you up for a win and to ask for costs.


POPLA are become stupider and stupider by the day - my guess is you didn't tell them about all the third parties who could back your story up. There is nothing to say that where it is your word against theirs, they must win and you must lose - but that's what POPLA is effectively saying. That's complete tosh and is making steam come out of my ears.

Coupon-mad

You have a choice of two very good but different sets of advice, both from legally-qualified posters who are respected regulars here.

Bargepole reckons wait for the claim then defend and add a counter claim, as revenge. I'm an armchair lawyer only and suggested a brief response to the LBCCC, not hinting at the revenge to come but telling them they have no cause of action (to look reasonable later when you counter-claim).

or:

LoadsofChildren123 reckons (as above) kill it off by replying in detail to the LBCCC and get your revenge by writing a letter of complaint to the Services. And to this option, I would add you should also complain to Trading Standards in writing, your MP, and the ICO, like the guy in the Parking Prankster link I showed you.

Two different sets of advice, both very good! I think bargepole's advice would net you compensation (but would need to you attend a hearing and write a counter-claim) and by contrast, in my experience of responding robustly to Parkingeye LBCCCs and seeing no claim follow, I reckon LOC123's advice will stop them from suing you altogether (but no compensation, unless you decide to sue them later).

What will you choose?

Who will win?

Fiiiiight!!!!!!!!!

:j

bargepole

Coupon-mad wrote: »

Bargepole reckons wait for the claim then defend and add a counter claim, as revenge. I'm an armchair lawyer only and suggested a brief response to the LBCCC, not hinting at the revenge to come but telling them they have no cause of action (to look reasonable later when you counter-claim).

No, that's not quite what I suggested.

The first job is to successfully defend the case in court (no counterclaim at that stage), so that you have a solid Judgment in your favour.

Then, you issue your own separate claim against PE, naming Welcome Break as second defendant, citing breach of DPA by PE, and negligence by the principal in failing to ensure their agent acted lawfully.

So you cause them maximum aggravation, and get WB to realise what a bad decision they made by getting into bed with the PE parasites.

Coupon-mad

Nice one, yep, that's a plan.

But - alternatively, if the OP wants it to go away - I think LOC123's reply to the LBCCC will stop them completely. But then there's less scope for a claim as PE will have cancelled and won't have thrown a baseless claim at the case to intimidate and distress the victim.

Guys_Dad

Loadsofchildren123 wrote: »

If you choose to proceed, please note that I will require you to produce a full list of all vehicle registration numbers recorded as leaving the Services between the hours of [x and y] on [the first date] so that I can check for similar VRNs to mine (which will illustrate whether the APNR system failed by wrongly reading/recording my VRN, or whether the system failed entirely by not recording any VRNs for a period of time which I understand can often happen), and so that I can check for the VRN of the car driven by the person who dropped my partner off at the Services just before I collected her. .

I believe that this would be contrary to the Data Protection Act, I am afraid.

GeorgeKnows

Loadsofchildren123 wrote: »

It probably won't see them off, they prey on people like you who are then scared into paying. It might do, but expect them to carry on and don't be scared by it.


You have a really, really good defence. If you draft the documents properly (if and when a claim is issued) - which you WILL do with the forum's help - you will win. And they may yet withdraw (in mine they withdrew the day before the hearing). Your partner, her parents, the friend and a colleague or two will have to make statements and be prepared to go to court with you though to back up what you've said.
I doubt they'll produce the APNR info, but you can then tell the court you asked and they refused.
This letter sets you up for a win and to ask for costs.


POPLA are become stupider and stupider by the day - my guess is you didn't tell them about all the third parties who could back your story up. There is nothing to say that where it is your word against theirs, they must win and you must lose - but that's what POPLA is effectively saying. That's complete tosh and is making steam come out of my ears.

SUPERB!! And thanks again, I added all appropriate info and sent it early this morning.

I'm looking forward to a reply and fighting this tooth and nail purely out of principle! I dread to think of elderly people in the same position to me who have been bullied into forking over their money.

I'm very glad I posted here - so thank you for your help.

GeorgeKnows

Guys_Dad wrote: »

I believe that this would be contrary to the Data Protection Act, I am afraid.

I'm sure that when you're asking for the information to use it as defence in court, it's allowed