ES Parking Enforcement NTK response advice

KeithP

broughsupn wrote: »

Hi,

I am trying to contact Claxtome as I think he may be able to help with my case. I tried sending him a message but his mailbox is full, is there any other way to contact him.

Thanks

Reggie

Post on one of his threads - he may well get notified.

Coupon-mad

But did they send you the photos? That can't withhold stuff just because it went to Gladstones, if that is data/photos.

That does not count under Legal Professional Privilege.

So the important question is did you get all the data/letters & photos that are your personal data?

Coupon-mad

Did you send the SAR to the Data Protection Officer of the PPC, not the solicitor?

broughsupn

Coupon-mad wrote: »

Did you send the SAR to the Data Protection Officer of the PPC, not the solicitor?

Yes, it is the parking companies data protection officer who sent the response.

Coupon-mad

Report them to the ICO online, showing the ICO evidence of what you asked and what you got back. And state all the things you believe they withheld from the SAR and that they pretended that photos of your car were covered by Legal Privilege, which you know is a lie but you'd like the ICO to investigate the Parking firm over this breach.

Do that ICO complaint now, it's easy to find the data handling concern form online.

broughsupn

I have only received a Letter before Claim from Gladstones so far, but in anticipation of having a claim form from them I have been going through various defence examples in the newbies section.

I am a bit confused as the advice on defence is


Defendant files an Acknowledgement of Service and then a defence. You do not have to go into intricate detail, but must mention every defence you have and particularise (ie explain) each aspect of your defence in sufficient detail for it to be understood. If you don't, the risk is that you cannot run certain aspects of your defence later. A defendant is required to make clear in the defence what aspects of the claim are accepted or specifically denied, and which the Claimant is required to prove ("put to full proof").

Some examples seem to do it this way for example, with no indication a copy of POFA is attached.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

Other examples have evidence details attached to them for example

The defendant has repeatedly requested a copy of the contract with ………claimants solicitors aver, “The signs form the contract between you and our client, ES Parking Enforcement Limited. In light of this, the agreement between our client and the landowner will not be provided at this stage, as it is not relevant to the contract between you and our client.”
COPIES OF REQUESTS SENT TO …….: E.1

Is this just a matter of choice or is there a best practice of how it should be set out?


Secondly, not sure if there is any mileage in this but, from the information sent to me by Gladstones ES parking process flow shows

NTK Dent (Non-PoFa) Auto 05-01-2018
NTK Dent (Non-PoFa) (entry blacked out) 16-01-2018
Final Demand Sent Auto 14-02-2018
Send to DR Auto 9-03-2018
Send Final Demand (entry blacked out) 4-05-2018
Final Demand Sent Auto 8-05-2018

I only received one NTK dated 16/01/2018 and one final demand sent 8/05/2018. In a bundle of information send by Gladstones it appears to show the 2 NTK’s and 1 final demand dated 14/02/2018. I say appears, as they have cut off the letter headers showing NTK and FINAL demand for some reason.

From my SAR requested information the data Protection Officer sent, my letter in response to ES Parking NTK sent 31/01/2018 which was taken from the forums template form was missing, I queried it and was asked if I sent it recorded delivery and what it was about. I pointed out they definitely received it as on one of the SAR pdfs sent it clearly states Note ID ****** not an appeal and too late to write in too us 1/02/2018. I was never sent this appeal refusal, which appears to break IPC instructions in the least.

Coupon-mad

Other examples have evidence details attached

No, they don't. A wrongly written defence might do! The examples by bargepole are concise and what we normally suggest people use and adapt.

From my SAR requested information the data Protection Officer sent, my letter in response to ES Parking NTK sent 31/01/2018 which was taken from the forums template form was missing, I queried it and was asked if I sent it recorded delivery and what it was about. I pointed out they definitely received it as on one of the SAR pdfs sent it clearly states Note ID ****** not an appeal and too late to write in too us 1/02/2018. I was never sent this appeal refusal,

Complain to the ICO that the PPC has withheld data/letters that you can prove they had.

KeithP

A Defence has no attachments - it is purely narrative.

Have you seen all of the Defences linked from post #2 of the NEWBIES thread?

Where did you find guidance to the contrary?

broughsupn

KeithP wrote: »

A Defence has no attachments - it is purely narrative.

Have you seen all of the Defences linked from post #2 of the NEWBIES thread?

Where did you find guidance to the contrary?

I may have misunderstood, this was in one defence :-

he defendant has repeatedly requested a copy of the contract with ………claimants solicitors aver, “The signs form the contract between you and our client, ES Parking Enforcement Limited. In light of this, the agreement between our client and the landowner will not be provided at this stage, as it is not relevant to the contract between you and our client.”
COPIES OF REQUESTS SENT TO …….: E.1

I thought the E1 referred to an attachment of evidence i.e. letters showing the repeated requests for a copy of the contract had been made. I was trying to ascertain when and were I attached it is attached, and thought adding it at a later stage would be seen as adding a new argument.

If I understand it correctly now, this should be done at the witness statements as per bargepole's excellent advice.

"As asserted in para [6] of my Defence, the Claimant's signage at the material location made no offer of parking, but attempted to impose a contractual charge based on a prohibitive term. There was no offer of parking made in consideration of payment, and in the absence of offer and acceptance, no contract can be construed. The only remedy available would be a claim for damages under a tort of trespass, which could only be issued by the landowner, and in any event is not pleaded by the Claimant. This reasoning is supported by the persuasive Judgments in PCM (UK) -v- Bull & Ors, and in UKPC -v- Masterson, for which the transcripts are appended to this statement"

This does not raise a new argument; it simply fleshes out the point already made in the Defence.

Coupon-mad

this was in one defence :-

he defendant has repeatedly requested a copy of the contract with ………claimants solicitors aver, “The signs form the contract between you and our client, ES Parking Enforcement Limited. In light of this, the agreement between our client and the landowner will not be provided at this stage, as it is not relevant to the contract between you and our client.”
COPIES OF REQUESTS SENT TO …….: E.1

I thought the E1 referred to an attachment of evidence i.e. letters showing the repeated requests for a copy of the contract had been made.

Yes that's a Witness Statement format, comes a few months later.