NHS Parking ticket court claim - Defence help please

NemoII

This is the particulars page:

h t t p /i68.tinypic.com/2lada2b.j p g
(sorry about the extra spacings at at start and end of the link, it's not allowing me to post it otherwise...)

On the front page of the claim form it says the claim is in the Northampton county court? The hospital is Oxford, and the representation is from Trethowans llp.

Umkomaas

http://i68.tinypic.com/2lada2b.jpg

Were both these originally windscreen tickets? Did you subsequently have postal notifications of the original parking charges? Who did they come from? Do you still have them? What was the date of each postal notification?

I note that the claim is an either/or - driver or registered keeper. The trust has to adhere to very strict conditions if pursuing the RK under Protection of Freedoms Act 2012 (which they say they are doing).

Important: for now anyway, you need to tidy up all your posts on this thread so that the identity of the driver remains unknown - so you use 'the driver' instead of any other identifier. 'The driver parked their car'..... and so on. You are, at the moment dealing with this as 'the keeper', until we can get more to the bottom of this.

Another thing you need to do is as follows:

DVLA SUBJECT ACCESS REQUESTS

You should email the DVLA and ask which organisations (and for what reason) accessed your data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.
SubjectAccess.Requests@dvla.gsi.gov.uk

Even though you email your request, the DVLA will respond via Royal Mail.

KeithP

NemoII wrote: »

On the front page of the claim form it says the claim is in the Northampton county court?

Can you please show us this front page?

One thing is definite - you will not need to travel to Northampton if that isn't your local court.

Redx

NemoII wrote: »

On the front page of the claim form it says the claim is in the Northampton county court?

The hospital is Oxford, and the representation is from Trethowans llp.

I find it strange that it says Northampton County Court unless that is your local county court. AFAIK you havent reached the DQ stage where you allocate your own local county court

and this claim originated at the Manual Handling Centre in Salford (Manchester) so its unlikely that the CCBC in Northampton is involved

you definitely need to edit your posts into DRIVER for what happened on the day and KEEPER for all subsequent correspondence


no "MY , ME , MYSELF & I" as I keep telling people on here

Coupon-mad

It will be at your local court but sounds like the claim was issued manually.

None of this is important, really, in the scheme of things. Most important is that you defend in time and read the NEWBIES thread to be ready for each stage.

Don't be that person who thinks defence is their only task & forgets WS and EVIDENCE stage!

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed in the house as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

NemoII

Thanks for your replies everyone, I've edited my post as suggested.

I don't have the front page to hand at the moment to scan, but basically it's at the top of the page it says northampton county court, but near the bottom there's also a box for preferred county court for the hearing, and there it says oxford. The claimants is the actual NHS trust, not a separate parking company.

What does requesting for who access my record from the dvla help with? I assumed it would have been either the hospital or the solicitors, does that make a difference?

Oh and these were both windscreen tickets, and letters from trethowans were sent a few times since then, but to be honest I just ignored them as I thought the tickets were unfair and didn't think it would get this far...(i know, mistake on my part). I don't have the letters anymore...

Coupon-mad

What does requesting for who access my record from the dvla help with? I assumed it would have been either the hospital or the solicitors, does that make a difference?

No difference for you, as you already admitted to being the driver, you said.

steve1500

If the Trust want to be nasty to their staff, hit them with a FULL SAR, ask fro everything, don't forget the emails - Trust me that will give them one almighty headache. Do the lawyers as well.


When you get the records, trawl them for information about anyone else, if you find anything, that will give them another headache


For good measure ask for the contract under FoI & add if the standard NHS contract was not used, the documentation approving the use of a non NHS Contract, they are supposed to be approved by legal.


Also ask who the land owner is, be specific, ask who the ultimate land owner is, who owns the Trust


As you work for an Oxford Trust I'm guessing Dame Fiona Caldicott is your chair? Bet she would be well chuffed if she knew what her Trust was up to, especially when it involves patient information - NOT

NemoII

Yes I know, it's really been very disheartening, we've all worked so hard in our jobs and often staying longer than we are paid to, and the trust wants to take me to court over these petty parking tickets even when I purchased a permit...

I was wondering if someone could point me to a post that has advice about asking the claimant for evidence? I want to email the trust for them to ask for copies of photos they took of my car, and also the contract I signed with them when I bought the permit. I remember seeing a thread where someone gave advice on how to write this type of letter, but I just can't seem to find it at the moment. Would appreciate the help!