Parking Charge Notice in work car park

that_girl

Hello

I received a Parking Charge Notice at my place of work. My building is in a business park and we have allocated parking spaces, and the charge claims that I was not parked in a designated parking space, but the photos in the letter they sent do not prove that my car was parked where it shouldn't be.
I have never appealed a parking charge notice before, does anyone have any advise on how I can word my appeal letter?

Thank you

Quentin

Everyone is politely asked to read up on this in the Newbies FAQ thread near the top of the forum before starting a new thread

Go there now to learn about the game you are now caught up in and how to deal with this including a template appeal to use

And get your employer to get it cancelled alongside the appeals route

that_girl

hello

i have now received a claim form for parking in an unallocated spot on more than one occasion.

i have followed the advise, filled in the AOS form online, and understand the next step is the SAR request to the parking firm (3d parking which only has a generic email) and a letter to BW legal letting them know a SAR request has been made and to put the case on hold which is likely to be ignored/ denied.

Please can someone read through the below and let me know if it sounds ok?

---

Letter to 3D parking

[Your full address]
[Phone number]

[The date]

[3D parking]

Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

[Your full name and address, any previous address/names and any other details to help identify you and the data you want.]

Please supply the data about me that I am entitled to under data protection law relating to myself.

Please can you provide the following

• all data held
• all evidence you 3D Parking intend to use against me (to include- a copy of the contract with the landowner under which you assert authority to bring a claim against me, a copy of the alleged contract with the driver, a plan showing where the signs were displayed, details of the signs displayed, a map of the allocated parking).
• all letters/emails sent and received (including your correspondence with the DVLA to obtain my personal details and any appeal correspondence).
• a full copy of the parking charge notice
• all photos taken
• a list of all PCNs you consider are outstanding against me
• evidence you have paid a debt collector
.
If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

[Signature]




Letter to BW Legal:



<My address>
<Solicitor address>



14th July 2019.


Dear sir or madam

With reference to your letter of claim dated <date> in relation to Claim Number <claim number>, I would like to advise you that I have sent your client <name of client> a SAR (Subject Access Request) and now I require a restriction of data processing and request that the case be put ‘on hold’. I confirm my correct ‘address for service’ below:

<my address>

Please can you confirm the above action has been taken.

Yours faithfully

---

Please let me know if I am missing out any information and if there is anything else I need to do at this stage

Many thanks in advance

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

understand the next step is the SAR request to the parking firm (3d parking which only has a generic email) and a letter to BW legal letting them know a SAR request has been made and to put the case on hold which is likely to be ignored/ denied.

You can certainly send a SAR by email to the scammer to see their hand, but asking BW Legal to put a case on hold is ONLY for pre-court stage.

You need to be reading defences. You must not miss your window to defend.

Why not search this forum for keywords like business park defence and/or maybe something like allocated bay claim and copy from a recent one?

What's the date of issue of the Claim form (top right)?

that_girl

thanks for the advice - will read up on more specific defenses

date of claim is 5th July - as i've submitted the AOS i think i have until the 7th August to submit my defense?

that_girl

I've attempted to write a defence but i'm struggling as i can't seem to find many regarding business car parks. Most of the defenses I read have been very focused on signage which doesn't really apply to my situation as my claim is for parking in an 'unauthorised bay'

1. The Defendant was the registered keeper and driver of vehicle registration number **** *** on the material dates. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant was an employee at ******, and has continued to hold a valid parking permit during her employment there. The parking space in which the vehicle was parked was not an allocated bay for any other company in the business park and thus did not hinder any other person from parking there. The defendant would search for an authorised bay every day, but on these particular dates, construction work was being carried out on a number of allocated bays, and replacement bays were not provided. In every instance, the vehicle would be moved during lunch hours into an authorised bay.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £708.88 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 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 £60.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Please let me know your thoughts/ improvements to make. I've submitted the SARS request but not sure how long this will take to arrive.

Thanks in advance for any help

Quentin

You want to use POFA in your defence.


So why your admission in (1). or is that a typo??

KeithP

that_girl wrote: »

date of claim is 5th July - as i've submitted the AOS i think i have until the 7th August to submit my defense?

You are absolutely right with your target date, but there may be something useful here...

With a Claim Issue Date of 5th July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 7th August 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

If you remove all mention of signage from a defence, good luck to you but you didn't get help here and went it alone.

Madness. The signs form the very contract they are relying on, that's why EVERY defence example you've read got it right...and you must copy them. Stop trying to focus on the story of what happened.

that_girl

If you remove all mention of signage from a defence, good luck to you but you didn't get help here and went it alone.

Madness. The signs form the very contract they are relying on, that's why EVERY defence example you've read got it right...and you must copy them. Stop trying to focus on the story of what happened.

If you search the forum for 'perfect defence' you will find a reply by me just now.

I removed it as the claim is for 'breaching the terms and conditions in operation at the car park/ private land.' I understand this refers to the signage, but as employees, we were all emailed a map of the allocated spaces and the vehicle was not in one of these spaces on a few occasions for a few hours.

When reading through the signage parts of a defence I can't seem to make it relevant to my situation, as I feel they;ll just come back and make a point of the map being distributed to all employees?

Not trying to argue your point, as I'm sure you're right, just trying to understand so I can word it all correctly!

Should I leave out section 2 regarding the specifics?