Country court business centre claim

kartush45

Hi,

I have a problem with a private parking charge from Minister Baywatch of ‎£100 with a reduced of ‎£60. So the story is like this. I received back in april a notice to keeper parking fine for entering a company private parking.The car enter at 20.46 and exit at 21.07 The issue is that on the enter picture i can not see a plate number. They put under the picture the plate number from the exit picture where the plate number can be seen. I responded to them in apeal explaining that they need to prove that the car enter at that time as no number plate can be seen. Also i told them that the driver in that day was an immigrant who do not know to read english and because was dark did not see any sighn of private property and may used the parking to turn around as the street there is very narrow.Also no loss was made as the company was closed. They rejected the apeal. Now I was in holiday 5 weeks in july an august and when i come back i found a letter before claim from GLADSTONES SOLICITORS to pay the sum of ‎£160 in 14 days. Because i was in holiday i could not call them and explain the situation. Now i received a Country court business centre claim of ‎£237.I also sent a Subject Access Request and receive a letter that say that they can disclose only my personal data, and can not disclose eny evidence like the picture of the car and plate no. I acknowledged the claim and now I need to know what are my next steps

Quentin

Everyone is politely asked to read the newbies faq thread near the top of the forum before starting a new thread


Go there now and read up all the advice (#2) on court claims and how to deal with them.


Post up your draft defence for comments

Coupon-mad

kartush45 wrote: »

Hi,

I have a problem with a private parking charge from Minister Baywatch of ‎£100 with a reduced of ‎£60. So the story is like this:

I received back in April, a notice to keeper for entering a company private parking area. The car entered at 20.46 and exited at 21.07.

The issue is that on the enter picture I cannot see a plate number. They put under the picture the plate number from the exit picture where the plate number can be seen. I responded to them in appeal explaining that they need to prove that the car entered at that time, as no number plate can be seen.

Also I told them that the driver in that day was an immigrant who do not know to read English and because was dark did not see any sign of 'private property' and may used the parking area to turn around as the street there is very narrow.

Also no loss was made as the company was closed. They rejected the appeal.

Now I was in holiday 5 weeks in July and August and when i come back I found a 'letter before claim' from GLADSTONES SOLICITORS to pay the sum of ‎£160 in 14 days.

Because I was in holiday i could not call them and explain the situation. Now I received a County court business centre claim of ‎£237.

I also sent a Subject Access Request and received a letter that says that they can disclose only my personal data, and cannot disclose any evidence like the picture of the car and plate no.

I acknowledged the claim and now I need to know what are my next steps.

I've given your post some paragraphs and punctuation, so we can read it better.

Can you show us a scan of the letter you had back to the SAR? Sounds like an awful reply from them, which you can mention in your defence draft.

You will find examples of defences in the NEWBIES thread post #2 (but please don't just grab the first one you see about CEL, which is nothing like your case). Look for one that's a bit similar, and mentions the BPA Grace Periods and dark signs.

Show us your draft wording for defence, and what's the date on the claim form?

Show us that SAR answer too - break the link to the URL, remove 'http'.

System

I also sent a Subject Access Request and received a letter that says that they can disclose only my personal data, and cannot disclose any evidence like the picture of the car and plate no.

With regards to that one, send a letter back and say that since the both the Information Commission (ICO) and the DVLA agree that the VRM IS personal data, you want the pics within 7 days. If they fail to do so, then you will get both the ICO and the DVLA involved, seeking that Minster are suspended from the Keeper database until the matter is resolved.

Side note: The Information Commission has already ruled (Pace case) that the pics should be sent as it is personal data. It must be or why would they access the RK database in the first place. Muppets.

kartush45

Thanks IamEmanresu. I will do so on monday and also will ask
a) Full particulars of the parking charges
b) Who is the party that contracted Minister Baywatch
c) The full legal identity of the landowner
d) A full copy of the contract with the landholder that demonstrate that Minister Baywatch has their authority
e) If the charges were based on damages for breach of contract and if so provide justification of this sum

kartush45

Also the date on the claim form is 04/09/2017. Pictures of the claim form and the notice will follow.
So I have 33 days from this date to send my defence?

Umkomaas

So I have 33 days from this date to send my defence?

Correct. But don't leave it too close to the wire.

kartush45

So here are the pictures
/imagizer.imageshack.us/a/img922/8826/9yh3uX.jpg
/imagizer.imageshack.us/a/img924/6641/Op7kn0.jpg

Umkomaas

kartush45 wrote: »

So here are the pictures
https://imagizer.imageshack.us/a/img922/8826/9yh3uX.jpg
https://imagizer.imageshack.us/a/img924/6641/Op7kn0.jpg

Images now 'live".

kartush45

Here is the picture after their letter /imageshack.com/a/img923/15/G9NGfu.jpg

kartush45

a draft for the letter that I want to send them.Eny ideas?

Dear Sir or Madam
Regarding claim no. ............. :
Since the both the Information Commission (ICO) and the DVLA agree that the VRM is personal data, you need to send me the pictures of the car you or your client hold within 7 days. If you fail to do so, then I will get both the ICO and the DVLA involved, seeking that Minster Baywatch are suspended from the Keeper database until the matter is resolved.
I also request the following:
a) Full particulars of the parking charges
b) Who is the party that contracted Minister Baywatch
c) The full legal identity of the landowner
d) A full copy of the contract with the landholder that demonstrate that Minister Baywatch has their authority
e) If the charges were based on damages for breach of contract and if so provide justification of this sum