Letter before claim from Gladstones Solicitors

beamerguy

@raddoc

In your post above ...... first paragraph and sentence starting ...
"This can only be ........ "
DELETE THAT SENTENCE PLEASE, it's obvious why.

Nobody is guilty, this is not a criminal offence

Pictures must be seen to back up their claim as they could be of anyone.

There is also the problem of predator action, or commonly known as stalking ....... something the landowner should be aware of for the safety of people

raddoc

Gladstone responded to SAR letter and request for a restriction of data processing:

They say they cannot process my request objecting to processing of data because they can demonstrate compelling legitimate grounds for the processing of my data which overrides the interests, rights and freedoms of me as an individual. That legitimate interest being that they act on behalf of a client for recovery of monies relating to an unpaid parking charge notice. To process my data is necessary and lawful, as it is required in furtherance of their client's instructions and they act for them on their rights and obligations for the recovery of such monies.

They go on to say I should contact ICO if not satisfied with their decision and state I have a right to a judicial remedy through the courts if remain unsatisfied with complaint to ICO and believe there has been a breach of GDPR.

Umkomaas

They go on to say I should contact ICO if not satisfied with their decision

You've had the template response we have seen many times to the request to put a hold on proceedings. Do as G's suggest - complain to the ICO. Let's see who's right on this.

raddoc

Latest on this case:

Today received Claim Form from County Court business Centre (Northampton address) with ES Parking as Claimant and Gladstones as Address for communication. Options given to me are agree and pay, disagree or make counterclaim. Obviously I am continuing to disagree and go to Court if necessary. Is asking for costs I have incurred defending this "a counterclaim" or does that come later if case ever heard at small claims ? Also the response pack from County Court business centre has a section for "Defence" - do I disclose all my defence (photos, letters) on this form or is that for a later date in the small claims court ?

KeithP

What is the Issue Date on your Claim Form?

You really must now be reading post #2 of the NEWBIES thread in the greatest detail.

At least two questions you have just asked are answered there, and a wrong choice would land you in big, and expensive, trouble.

Redx

edit the title of this thread using advanced edit in post #1 to reflect that this is now a court claim

as mentioned above, the NEWBIES FAQ stikcy thread post #2 explains what to do, in great detail, please study it

any defence will be EMAILED as a pdf attachment, in a few weeks time

any photos and evidence will go to your local court in a few months time, at the WS + EXHIBITS stage, as explained in that NEWBIES thread

your costs order comes near the court date, at your local county court for civil claims

I do not believe you have any legal basis for a "counter claim" at this time


as KeithP said , post your DATE OF ISSUE, plus the full POC and charges breakdown and total, minus personal info , below


and email a SAR to the DPO at ES PARKING asap, to get all your data and docs etc

Coupon-mad

Is asking for costs I have incurred defending this "a counterclaim"

Nope.

You need to read the NEWBIES thread, as this is all in the second post there.

raddoc

AOS done - defend all.

Issue date 22/2/2019

POC: The driver of the vehicle with registration: XXXX XXX ('the vehicle') parked in breach of the terms of parking stipulated on the signage (the "Contract") at Seymour Grove Retail Park on xx/xx/20xx thus incurring the parking charge (the 'PCN'). The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. The Claimant claims £100 for the PCN, £60 contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £6.70 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

Amount claimed: 166.70, Court Fee: 25, Legal Rep costs: 50, Total amount: 241.70

KeithP

raddoc wrote: »

AOS done - defend all.

Issue date 22/2/2019

With a Claim Issue Date of 22nd February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 27th March 2019 to file your Defence.

That's over a month away. 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.

CheapWallpaper

Hello. I'm in almost exactly the same situation - same firm, same car park, same alledged contravention, and I've recently received court papers.


Since receiving the PCN I've discoved the car park in question and the issues around it are famous in the local area - there was a public meeting about it last November and about 60 people turned up. The local MP is *well* aware of the issue.