Tower Road Newquay - no NTK

Kaloki

nosferatu1001 wrote: »

Full copies of the contract included?

Having just read, and re-read the pre-action protocol and practice directions, it does not say anywhere they have to provide that in the LBCCC. The one area I can see they have failed in, is not giving a breakdown of costs and how they are worked out. Thats it. Otherwise its pretty much all in line with the above.

And that alone is not going to win it for me in court.

AntrimMark

This is not advice just anecdotal of my own experience.
I had Particulars of Claim from Gladstones for 2 seperate claims that to my layman's eye looked legit. I used the arguments from the Newbies thread in my Defence Statement and a Judge struck both claims out as having no cause of action.
The lesson is, the documents they submit might look right, but won't necessarily stand up to proper legal scrutiny.
As Nosferatu says, I'd be astonished if what they sent is fully compliant.

Coupon-mad

that alone is not going to win it for me in court.

Well no, it was never designed to; stating a failure to follow the pre-action protocol is a minor aside, Judges might ignore.

A strong defence (and the fact the claims are run very badly with woeful evidence) wins it in court, not peripheral issues.

Kaloki

Right, so in the spirit of a strong defense, I have a question I'm confused about.

I have the Reply Form. The pre-action protocol states clearly I should respond using it.
My question is - do I send my entire defense now? My detailed defense to use in court including documents and evidence I've refferenced.
Or do I say "I'm disputing this because of this, and this" and then when/if I get court papers, send the entire defense document including supporting evidence?

Umkomaas

Beyond your robust response to the LBC you need to await any formal court claim via the MCOL from Northampton County Court Bulk Centre before you need to think about any form of defence.

The process and actions are contained in the NEWBIES FAQ sticky, post #2.

Kaloki

Well, after over a year of absolutely notrhing from them, today we received an e-mail from a no-reply@parking eye , with an attachment stating 14 days before legal action.


Ignore? Post them a letter?


I'm skeptical that any reply will do any good, and that they may just keep threatening us, how-ever I know they are litigious. Them having not actioned the LBC is confusing.

Umkomaas

I don't have the monopoly of intel on fast-moving/changing strategies of PPCs, but I've not seen this before from PE (but others might have).

I don't think they're interested in anything other than a panic-stricken cheque from you.

Why not fire your own salvo and drop a SAR on them, asking for all information they have on you and your vehicle - quote the VRM - and require them to put a hold on any further action until such time as they have responded fully to your SAR.

Only seek personal information they hold about you and your vehicle. Don't ask for copies of car park signage, positioning of same or landowner contract. Email their DPO via the Privacy page of their website.

Here's a template from Legal Beagles to use:

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

It will keep them busy for a while and signify that you're no pushover.

Kaloki

VRM?

Also, great idea. Actually, can't see an e-mail for a DPO. So will have to post a letter to thier privacy team. Still, hopefully that works. Thanks!

Coupon-mad

VRM or VRN (= numberplate).

Redx

VRM ? = Vehicle Registration Mark (your number plate details listed on your V5C)


THEIR PRIVACY PAGE has an online system of query, OR you write to them


https://www.parkingeye.co.uk/privacy-policy/


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