PCN from Smart Parking- Confused

Sophies_Mum_14

Coupon-mad wrote: »

What happend when you complained first to B&M, last year? As anyone would.

Coupon-mad wrote: »

In that situation, every poster here then complains to the retail park owners. You only have to Google the retail park. This could have been cancelled months ago.

People here don't just say ''oh, alright, then'' and not bother to complain further.

Coupon mad, you are quite right to point out these shortcomings. Back in January when this would have occurred I was not a member of moneysavingsexpert.

Whoever the parties involved in January were perhaps they were not saavy enough to have discovered this wonderful resource and perhaps followed some misguided advice relating to such matters and as a result may have missed the opportunity to have it quashed at the time, your guess is as hood as mine but I am sure it would be a hard lesson learned.

Sophies_Mum_14

I have read that back and I'm not sure it reads as I meant it, I wasn't trying to be clever there, just acknowledging the errors made without trying to identify anyone...

Can I just check, as you rightly state couponmad, there were silly errors made at the time in not appealing to the landowner and then not being aware of the resource you created in the newbies thread at that time so not appealing to the operator. Would that mean because of these errors that I will lose if it comes to a court case?

Sophies_Mum_14

Hi all,

I have drafted the 2 letters using amalgamations of various templates on the suggested threads. Would anyone be able to check them for me to ensure that I haven't made any stupid mistakes? Really sorry again for my naievity and ignorance in these matters.

Thanks in advance

Gladstones Solicitors
The Terrace, High Legh Park Golf Club,
Warrington Road, Knutsford, Cheshire,
WA16 6AA

11th February 2019

Ref:

Dear Sirs

Re: LETTER BEFORE COUNTY COURT CLAIM dated xxxxx

I am writing to acknowledge receipt of the above Letter Before Claim.! I also wish to make you aware that your letter contains insufficient detail of the claim and fails to state what the cause of action is. Nor does it contain any mention of the nature of the evidence your client intends to rely on, or enclose copies of such evidence.! This action on your part is a clear breach of pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which, as solicitors, you must surely be familiar.! As you must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions.

I have today submitted a subject access request to Smart Parking, requesting that they release all data that they hold in relation to me. As such I am requesting that you put in place a restriction of data processing and hat the case be put on hold, until such a time as I am furnished with the above.

Further to this I would request that you furnish me with the following details:
1. an explanation of the cause of action!
2. confirmation as to whether your clients are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. a copy of the contract with the landowner under which they assert authority to bring the claim
6. a copy of any alleged contract with the driver
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. If they have added anything on to the original charge, what that represents and how it has been calculated.

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

Until I am provided with this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.


Yours faithfully

xxx

Sophies_Mum_14

SMART PARKING Ltd,
Unit 43, Elmdon Trading Estate,
Bickenhill Lane,
Birmingham,
B37 7HE

Dear Sir or Madam

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

Name etc

I have today received a Letter Before Claim from Gladstone's Solicitors.! As such please supply the data relating to myself that I am entitled to under data protection law.! I require that this include all photographs taken, all letters/emails sent and received, including any appeal correspondence.! All data held, all evidence that you will rely on, and a full copy of the PCN, NTK.! I also require a list of all PCNs that you consider are outstanding against myself and/or this VRN, as any claim must be for all PCNs in one claim, not several separate claims.

Please find attached a copy of my V5C whih I trust confirms my identity.! 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 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
xxxxx

Am i right to have included that I received a Letter Before Claim?

Sophies_Mum_14

Sophies_Mum_14 wrote: »

Coupon mad, you are quite right to point out these shortcomings. Back in January when

beamerguy wrote: »

If this a real LBC, did they send you proof of their claim, pictures costs etc and did they send you forms to complete ?????

There is a legal protocol they must follow.

What did you receive ??????

Sorry just realised I did not respond to your question- no proof of claim, no pictures, no thing like that. Simply the date, PCN number, location and how much the charge is as a figure. Then a sentence stating the charge is due to time and resource spent facilitating recovery of the charge and that it is pre-determined.

I don't understand how they arrived at this given that it is a free car park.

I have drafted he 2 letters and hope that they will drop it though on reading threads now that we ha we arrived at this point it seems unlikely.

Mepy

Hi. I stopped at a travelodge. Smartparking control the car park. Staff said sign in and ok to park as you meeting guests and drinking there. Family stopped there for 2 nights. I left after about 3 hours then get a pantie through the post

Mepy

Pcn not pantie lol

Coupon-mad

Mepy wrote: »

Hi. I stopped at a travelodge. Smartparking control the car park. Staff said sign in and ok to park as you meeting guests and drinking there. Family stopped there for 2 nights. I left after about 3 hours then get a pantie through the post

:rotfl:

Wins the typo of the year!

Anyway just use the usual blue writing template appeal from the NEWBIES thread (see my signature below).

NO REPLIES ON THIS THREAD PLEASE AS YOU ARE CURRENTLY HIJACKING...

Coupon-mad

may have missed the opportunity to have it quashed at the time,

My point is, no you you haven't missed the chance to complain to the retail park, unless the place doesn't exist any more?

The thread linked in the NEWBIES thread called 'SUCCESSFUL COMPLAINTS ABOUT PPCS' has examples of complaints having resulted in cancellations even a year afterwards.

Sophies_Mum_14

Coupon mad, I have tried calling the store and spoken to 3 separate people all of whom tell me smart parking own the car park in question. How do I find out who the actual landowner is for the complaint? Sorry to trouble you I am aware how busy this forum is.

Also would you be able to give me any guidance on the gladatones rebuttal drafted? Would this be satisfactory? I have read and reread various threads including newbies and though I do jot class myself as having low intellect I am embarrassed to admit a lot of it ia going over my head