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Parking Eye Fine

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  • sweetgem
    sweetgem Posts: 110 Forumite
    Hi Misty I am unable to send you a private message your inbox is full.
  • sweetgem
    sweetgem Posts: 110 Forumite
    Hi guys I would just like to ask some advice. I just managed to send a SAR I know I am cutting it fine.

    Could you please give your expertise on the following:

    1. Will P.E.'s offer of £125 to settle still limit my costs even though idid not accept that offer?

    2. Dyslexia - can i mention it in court even though it was not mentioned in my Defence? I can state that recalling things is difficult for me.


    3. Witness Statement - do members recommend admitting to being driver at that stage?

    And when should the witness statement be sent my court date is first week of January 2020. Oh my days has that come quick or what ???

    Many thanks guys you are awesome.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sweetgem wrote: »
    And when should the witness statement be sent my court date is first week of January 2020.
    You have a date when 'all documents you intend to rely on' must be filed with the Court and served on the Claimant.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Do you still have time to file your witness statement with the court?

    Your questions:
    1. I think the answer is probably 'no', going by C-m's response in post 118 here. However, perhaps it would be as well to print out or copy evidence that P.E. offered to settle for £125.

    2. I hope so. I know you have some other fairly serious challenges (health issues etc.) that have also made this whole process very difficult. I am not sure if they are relevant or whether they can be raised at this stage.

    3. C-m recommended naming driver at Witness Statement stage in post 79 here.
  • This is what I wrote for the SAR

    Dear Sir/Madam,

    As the above Parking charge was not cancelled, I require copies of all photos taken, including all terms on signs that day, inside and out, including images from within the Hotel If it is contended that you had one of your hidden iPads under the counter, which I have discovered is all too prevalent at the Hotels where your firm are supposed to be deterring trespassers, not harassing guests. Furthermore, I also require copies of all letters/emails sent and received, including any earlier appeal correspondence and I also require copies of all letters you say were posted, and you must consider this a Subject Access Request.
    In addition I am requesting all data you hold on me, all evidence you will rely on, and a full copy of the PCN and Notice to Keeper.

    Article 15 of the GDPR sets out the the information that individuals have the right to be provided with. Broadly this covers providing information about:

    - What personal data it is being processed.
    - The purposes for which the personal data is being used.
    - Who the personal data has or will be disclosed to.
    - The existence of any automated decision-making, including profiling. And, at least where this produces legal or similarly significant effects, what logic is being used for that purpose.
    - How long the data will be retained for (or at least the criteria used to determine this).

    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.

    I am attaching a copy of my V5C as proof of ID, to tie me to the data relating to the car.

    Kindly supply all of the above and I look forward to hearing from you.


    Yours sincerely,
  • I think you have to file witness statement 14 days before court date but need to check docs
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    sweetgem wrote: »
    I think you have to file witness statement 14 days before court date but need to check docs
    It often is 14 days before the hearing, but is frequently some other period or date.

    As you say, you need to check your documentation.
  • Coupon-mad
    Coupon-mad Posts: 152,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Here is a WS about ParkingEye hiding a hidden keypad in a Hotel:

    https://forums.moneysavingexpert.com/discussion/comment/76001754#Comment_76001754

    Clearly you can adapt that by removing the stuff that makes no sense about being a cab driver and/or the name of the hotel, and the fact the cabbie (in that case) used to drive in and out 'pass and repass' a lot.

    Remove that and then adapt what's left to suit YOUR case. I assume from what I can work out that your case is about not having the terms of a hidden tablet to type your VRN in, drawn to your attention clearly? Is that what your case is about?

    And file and serve a COSTS SCHEDULE, like this example:

    https://forums.moneysavingexpert.com/discussion/comment/76445468#Comment_76445468

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • sweetgem
    sweetgem Posts: 110 Forumite
    Thank you for your invaluable advice.
    I was visiting the hotel for a meeting and running late ( I have proof of the meeting by email). Because I was rushing in I didn’t see any of the signs and when I passed reception there was nothing that I clocked to say I needed to register my registration and pay to park and nothing was mentioned by the reception staff. The year before I attended a wedding and no parking restrictions were in place as I recall. As I was leaving nothing was mentioned to me by any of the reception staff to remember to pay or of I had registered my registration. I don’t yet have photos of the signs that ere in place as I don’t live anywhere near the hotel furthermore I never received a PCN until A month later.

    I hope that clarifies things
  • Coupon-mad
    Coupon-mad Posts: 152,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    OK so the WS I pointed you to adapt is the right one then.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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