ParkingEye Claim Form Received

Tennessee_Tuxedo

Thanks nosferatu, I was definitely getting myself confused!

I'll have a go at redrafting the witness statement.

Would I be right in thinking that the defence I've already submitted and the witness statement would be sufficient? Looking at the info on the other thread it doesn't seem like I could put together a skeleton argument as there's no real failings or successes to discuss, other than the list of things I haven't received from PE which is already detailed in the defence.

nosferatu1001

It isnt enough to just submit a WS
You WILL HAVE other documents you can file as evidence.

By the time you write the skellie you WILL HAVE the PE pack! At that point you need to rip it apart. If you dont understand it then think how weak you could be.

Coupon-mad

You need evidence with your WS. And this is rare for a ParkingEye defence:

Failure to meet the Notice to Keeper obligations of Schedule 4 of the Protection of Freedoms Act 2012

The issue I have (and I'm possibly getting myself a bit confused on this!) is that I haven't received any information at all from Parking Eye, I only know that the claim is for an overstay as that was on the County Court Claim form.

If they served the NTK to the last known address they got from the DVLA, by day 15, then they did comply even if you never saw it.

Tennessee_Tuxedo

Thanks again all.

The registered keepers address hasn't changed since the early 90s so it seems unlikely that the NTK could have been sent anywhere else if PE used info from the DVLA.

I've requested copies of the PCN and NTK, along with info on where they were sent from PE on two occasions, however so far have received no response.

I think this is where I'm having difficulty understanding what to include in the witness statement as currently the only info I have on the claim is the brief description included in the County Court Claim Form.

In terms of evidence, I was planning on including a copy of POFA, the POPLA 2015 Annual Report and any relevant cases. However as I have such little information from PE to go on I'm not sure if the route I've taken is the right one.

Redx

ideally you send them an SAR under the GDPR 2018, with 30 days to respond, or a complaint to the ICO , which should have been done months ago

Coupon-mad

Yes, like the other PE cases on the forum right now (there was one just like it y'day) send PE a SAR, and they have to show you the data they hold. Don't hang about, email them a SAR telling them what to include, same as the other PE defence threads (find them by looking back a few pages):

info@parkingeye.co.uk

Tennessee_Tuxedo

Thanks again everyone, really appreciate it!

I made a SAR to PE last week so will let you know the outcome.

My biggest concern is that I have until the end of this month to submit my witness statement and supporting evidence to the court and I'm not sure that I'll get a response from PE before then, admittedly it's entirely my fault for not submitting the SAR sooner.

Until then, the defence I submitted was based around the fact that I haven't received any basic info about the claim from PE, essentially that I couldn't form a defence based on the info I had received and asking for the case to be dismissed on this basis. Is this an acceptable route to take for the witness statement or am I likely to be setting myself up to fail?

Quentin

A WS is not another defence!

Read up the advice on a WS in #2 of the newbies FAQ thread

System

How did this one turn out.

Could we see the PE Witness Statement in case it helps others?