I've searched, I've read and I'm still stuck

WelshPoppy

Thank you Le_Kirk, I will do as you suggest, and many thanks for the tips on how to search. It does look like a proper LOC but there is no proof of claim. Is that significant?

Le_Kirk

According to Civil Procedure rules the POC should accompany the LBC but it might say to follow and can within 14 days. How this is in accord with a 30 day response time is unfathomable. Latest advice re rebutting a LBC is contained within the NEWBIE sticky, post # 2 and the most up-to-date advice is not to use a template but just to simply write a letter refuting all that the allegations the claimant is making. Go here to read this advice.

WelshPoppy

This is the automatic response I received from Britannia Parking. They have already provided me with photos of signage, but the small print is not clear so I have asked them for clear photos. I have also asked for photos of any signage at the entrance to the site as the LOC says its entitlement to Debt Recovery Costs is expressed in the T&C I accepted on entering the Site. The machine records show a part VRM which matches my husband's car which was being serviced, hence the courtesy car. As this VRM matches our car can I legitimately ask for a photo. Do I have to pay the £10? It's a small price if they can't produce a photo.

I have also received an automatic response from BW Legal saying

Before we are able to reply we need you to confirm a few Data Protection Questions which we have specified below.

The list is as one would expect, except it also asks for my date of birth. I do not see the relevance and can't think where they would have my DoB in order to cross reference. I haven't used their on line service, so far all comms has been by post ..... I know

Many thanks again



Dear Sir/Madam,

We have received your Subject Access Request, under ICO guidelines we have one calendar month to respond.

Please be aware we will send a copy of all personal data we hold only. If you have made a request for any additional information which does not qualify as personal data, please see below.

YOU’RE REQUEST FOR ADDITIONAL INFORMATION

Landowner agreement - You are not entitled to business sensitive information, it will only be supplied at court, as evidence and not before.
Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence at court.
Machine reports - You are not entitled to transactions which do not relate to you, you will be provided with your transaction only. We are under no obligation to provide you with anything further.
Picture packs - A copy of the signage will be provided as evidence at court.


Your SAR request is free, however please be aware we are able to charge for additional copies and any requests for information which does not qualify as personal data. ICO guidelines advise we are able to charge a reasonable administration fee, which is £10.

Please send a cheque payable to Britannia Parking to the following address: Data Protection Officer, County Gates House, 7th Floor, 300 Poole Road, Poole, BH12 1AZ.

Include a list of the additional information you require and the PCN number/s. Once the cheque has cleared we will action your request. We will only send additional information which is not business sensitive.

Please refer to the ICO website for further information:( I've deleted the link)

If you do not wish to pay £10, we are under no obligation to provide you with the information, your only options is to wait until this matter progresses to court, when it will be adduced as evidence.

Once you are in receipt of your SAR, all additional correspondence regarding the request for additional information will not be responded to, unless payment of £10 is received.

Coupon-mad

The machine records show a part VRM which matches my husband's car which was being serviced, hence the courtesy car. As this VRM matches our car can I legitimately ask for a photo.

Yes.

Do I have to pay the £10?

NO!

Please read other Britannia £10 ICO complaint* threads, as we can't keep repeating what to do with this same letter coming out ten time a day or more on this forum.




*those are your search keywords - change the ADVANCED search to 'show results as POSTS'

WelshPoppy

Today I received Britannia Parking's Claim Form. The Particulars of Claim read

"The Claimant's Claim is for the sum of £85.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 23/11/2017 (Issue Date) at 13:39;18 at Plymouth-Harbour MSP Plymouth.

The PCN relates to Jaguar under registration *****. The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding Liability.

The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 23/11/17 to 31/01/2019 being an amount of £8.70.

The claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions"

The total being claimed is £228.70 which includes £25 court fee and £50 Legal representative's costs

I submitted a SAR to Britannia Parking on 23rd January and at the same time advised BW Legal that I had done so and that they should therefore suspend any activity until I had received the information requested. I used the wording I was kindly directed to on this forum.

BW Legal's response was that they would provide the information as evidence in court.

I may have made a mistake in that I didn't do a rebuttal, I thought that submitting the SAR would achieve a delay of up to 30 days.

I have also made a SAR to the card payment handling company hoping that they will furnish me with proof that the payment on my credit card statement matches the payment recorded on the parking terminal.

To save anyone having to trawl back to find the story:

My husband and I parked a courtesy car in a ticketless car park run by Britannia Parking. One of us entered either my husband's car VRM (in for servicing) or a combination of its VRM and the courtesy car's VRM.

Honest mistake, Britannia Parking not out of pocket.

I've had unclear photos of the car park terminals which do show £85 may be charged but can't read the much smaller print underneath.

I have had a print out from the payment terminal which shows a payment, by credit card, at the right time for a car with the same start to the VRM as my husband's

I have sent BW a copy of my husband's car's V5

Any help on how to respond would be very gratefully received.

Redx

remove (edit) the VRM from your last post

if you have a MCOL from the CCBC in Northampton, then you do NOT respond , you start drafting your defence

what is the DATE OF ISSUE on this form if its from Northampton ?

WelshPoppy

VRM removed, thank you.

Yes MCOL from Northampton, issue date 1st February

Any guidance for my defence would be appreciated

nosferatu1001

Post 2 of newbies thread
Reading around
Have you gone ONLINE to acknowledge the claim?
If you do that, you get 33 days total for the court to RECEIVE your defence

Noone here will write a defence for you - or rather, a vanishingly small number will. You are capable - as everyone here is - of reading post 2, reading back through your thread for the help already given, and reading OTHER THREADS, to formulate a defence

Show us some effort on your part, and you will get mor ehelp back.

KeithP

WelshPoppy wrote: »

Yes MCOL from Northampton, issue date 1st February

With a Claim Issue Date of 1st February, you have until Wednesday 20th February to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you have until 4pm on Wednesday 6th March 2019 to file your Defence.

That's over a month away - but it's a short month. Loads of time to produce a perfect Defence, but don't leave it to the very 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 "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put 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.

WelshPoppy

Thank you nosferatu1001 and I am sorry I have upset you. I only asked because replies to previous posts I have read say as soon as MCOL received get in touch and we will help formulate your defence, we win over 99%. I am not asking anyone to write my defence, just asking for a bit of guidance

I have looked, extensively, and will look again but have to admit that I often struggle to find the posts referred to, and then there is so much information covering various scenarios that I find it incredibly confusing.

However, I appreciate that you must be inundated with frustrating enquiries from the likes of me so thank you for the help and advice so far.