Court Claim from UKCarParkManagement

Coupon-mad

Navi48 wrote: »

I did try to look up what WS means. Even searched the acronym list on Pepipoo but can't figure it out if someone could enlighten me.

I would have hoped you would have been reading the NEWBIES thread:

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

Post #5 covers all acronyms.

But in addition to that, post #2 tells you all about how to defend a claim, and mentions and defines 'WS' again, with examples of that stage and a list of typical evidence that goes with a WS.

But you are at defence stage so you need to look at the example defences once you have done the AOS, which is also shown in pictures in the NEWBIES thread, step by step.

Navi48

You know what, I did read that thread and i knew I'd seen something about acronyms, but somehow couldn't find it again. I know all the info is there, but there is so much info on this site, you can get a bit lost in it all as a newbie. All good stuff though, and thank you! And I've made a note of the acronym link for future questions.

I managed to submit my AOS last week and get confirmation that it has been accepted.

So my next steps are submit an SAR to UKCPM and prepare my defence which I will look into tonight.

I've looked through a lot of posts on Pepipoo and MSE, and it seems a lot of the SAR examples are dated, so the only thing suitable I can find is the one Red X referred to in the Fightback thread. I will write it in my own words tonight

The_Deep

The mind boggles at the stupidity of the firm, and the law firm who have taken in on. Surely they must realise that their chances f getting damages for BO are almost zero, and, if the judge is in a mad mood, thet night get slapped with unreasonable behaviour costs as well.likely isy

Umkomaas

I've looked through a lot of posts on Pepipoo and MSE, and it seems a lot of the SAR examples are dated, so the only thing suitable I can find is the one Red X referred to in the Fightback thread. I will write it in my own words tonight

From Legal Beagles

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

Coupon-mad

And that Legal Beagles one is linked in the NEWBIES thread as an example SAR...so why are people searching for a template SAR?

Navi48

But Coupon-Mad, you said do not use an SAR template in post #2 in the newbies thread.

Anyway thanks. I will write it in my own words.

Should I just send it off, or post it here for critique? Or am I opening myself up for being indentified by them matching it word for word.

thanks

Coupon-mad

No need to show us a SAR based on the Legal Beagles one. Email it to the PPC's Data Protection Officer (see their Privacy page).

But Coupon-Mad, you said do not use an SAR template in post #2 in the newbies thread.

Ooops, yes I may have said that, when people kept copying a ludicrously unsuitably long generic one this Summer.

Since then we found the Legal Beagles one which doses the job and you juts add what you want to see.

Navi48

Right, need to get myself into gear as I now have only a week left to prepare my case.

Just to update progress, I submitted an SAR to UKCPM, who came back asking for proof of ID and an attached form to make things "process quicker". I probably wrongly supplied a copy of my driving license. But I didn't fill in the form and referred them to the ICO, about proportionality in identifying people.

So to my defence. Been reading through some of the cases in Post #2.

I'm not sure I can claim poor signage. If you google UKCPM signs, it states pretty clearly to "display a valid permit at all times". The photo they sent me of the sign isn't readable, but that isn't to say that they don't have a better quality photo. The SAR should reveal that, but it won't arrive in time for my defence.

The main argument I can think of is they didn't follow their own CoP, which states:
"15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.”
They don't clarify what sufficient time is, but I can refer to BPA's guidance:
"13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes."

Red X mentions the Jopson case. I'm assuming he means that somewhere in the lease there must be some mention of visitor parking and the rules surrounding it? That means getting a copy of the lease from the client I was visiting. Both the management company and parking company have changed hands since then, so could be tricky.

In my defence, should I describe the circumstances about how when I went to get the permit they photographed me, etc etc, or just stick to the legal arguments?

Thanks

Navi48

Amazingly I have received all data having made a subject access request.

Photos, correspondence etc

As mentioned before, there are images of the vehicle taken no more than 1 minute apart, which proves my claim that I was only a few minutes retrieving the permit, and secondly there is a very grainy unreadable image of a sign.

Navi48

So should I just stick to what actually happened and argue based on grace period? I would feel more comfortable doing this, but it seems other cases are won on all sorts of other obscure arguments. Thanks