BW Legal County Court Claim for ignoring PCN

KeithP

With a Claim Issue Date of 27th September, and the Acknowledgement of Service having been done in a timely manner, you have until 4pm on Tuesday 30th October 2018 to file your Defence.

That's nearly four weeks away. Plenty of time to hone your Defence to perfection.


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

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) 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'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Anastasiya27

Thank you so much Keith.

Coupon-mad

Yes, I think you might hit difficulty, if you do not defend in full, first time.

Anastasiya27

Hi, so I have been reading about SAR and gonna write an email to PAS, I will use the most approved template from SAR section in the Niewbies section. Should I write one to DVLA? I know they will not respond on time but I can mention in my defence that I have requested the details.
There are more than one insured drivers on the given registration number, so should that be the second point of defence, first being lack of details given to the defendant regarding the claim?
Also, there is an old letter stating that the car overstayed free 2 hr limit, however since then they have extended the limit to 3 hours, so even if we to take a picture of current signs how do we know that old signs were clear and visible?
Hope this makes sense
Thank you.

nosferatu1001

The DVLA - just use the basic email request for them as to who asked for your data between x and y dates, the reason given etc.

It can be one of the points used to add to the idea that the driver on the day could have been one of many people, not just the keeper

GOogle street view, use the timeline to step back
Or you just assert it and get them to prove the signs at the time were clear.

Coupon-mad

Yes that all makes sense, so yes to all your questions.

And the fact they have increased the time to 3 hours, shows that 2 hours (even if well signed...which is their case to prove) was insufficient and an unfair term imposed on patrons of this location. A typical meeting and quick snack at this Restaurant/hotel car park, in a group, is likely to need more than 2 hours all told, including driving in and out, and this appears to have been a typical trap imposed on the Hotel by a parking firm who knew that inadequate time limit would result in lots of PCNs.

Here's an idea - email the Hotel NOW and ask why and when the 2 hours was increased to 3 hours, was it due to complaints about unfair fines and did they support the increase to 3 hours, and do they have any comments in support of your position that there is no legitimate interest or commercial justification in now suing people who were caught out by the insufficient time that was imposed a few years ago.

You want an email back (so no phone calls!). It will hep your defence. Use the phrases in bold, don't change the words.

If the Restaurant is under separate ownership, send the same email to their Manager too. You want to show a Judge that this time limit was NOT in place at the behest of the Hotel/restaurant, and that it was insufficient and that it was increased due to a lot of complaints, and the retailers have confirmed that they do not support the PCN and do not believe there is any legitimate interest or commercial justification in pursuing an extortionate sum, when there were no damages.

Anastasiya27

Thank you I will email the place, also I have found a tripadvisor complained regarding same car park and the respond from the hotel/ restaurant manager on 28th of July stating that car park was increased to free 3 hours while offence on the letter is dated end of August same year, can I use tripadvisors respond in my defence since wires seems to be crossed, how can my offence be for overstaying 2 hours, when tripadvisor manager says it was already 3?

Anastasiya27

Hello, me again, sorry for a huge amount of questions but I’m not clued up at all but determined now to make this defence work as I found too many unfairnesses...
I have emailed hotel/ restaurant and now reading more about SAR. I’m a little confused who to send it to DVLA or to PAS or both as I’ve seen both being suggested on this thread?
And should I use this as an example? (filtered of course)
I used this:


“Dear Sir/Madam:

I am writing to you in your capacity as data protection officer for your company - Company Name. I have reason to believe you hold personal data on myself as a vehicle I own and am the registered keeper for visits car parking sites managed by your company. I think it needs to be said here how they collect that data - eg "Such data is collected by your ANPR camera systems". It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation which, as you will be aware, came into force on 25 May 2018.

The vehicle in question is a Vehicle Model with VRM: VRM.

I have attached the V5 document to prove I am the registered keeper. Should you require further documentation necessary to verify my identity please contact me. [is it sensible to request specifically that once they have read the V5 they securely dispose of it and do not retain it? Otherwise you're giving them your data aren't you? - eg "You do not have my consent to retain this document, please dispose of it securely once you have read it"]

I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

Please advise as to the following:
Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.
Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.
Please provide me with a copy of, or access to, my personal data that you have or are processing.
Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.
Please provide a list of all third parties with whom you have (or may have) shared my personal data.
If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.
Please also identify which jurisdictions that you have identified in 1-1 above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.
Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.
Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.
If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.


Yours Sincerely”

(Not sure how to quote someone’s examples in here, just copied and pasted )

Anastasiya27

Hi, I have a feeling nobody is interested in my thread anymore, my head is so confused with all the readings... I am struggling to find an email to send an SAR to Parking Awareness Services, anyone can help please? Can only find Get in Touch section on their website and a phone number, might gonna have to write a letter by hand, don’t have an access to a printer
Thank you.

Coupon-mad

Not at all, have you seen how busy this forum gets?! We are interested in helping everyone.

I for one was out last night watching BHA win.