Parking Fine - Have I dropped myself in it?!

WillsyT

Hi, I'm sure this topic has been covered in it's various forms before but I'm having trouble piecing together various different threads to try and make it apply to my situation so thought it would be easier to start a new thread. I'll post this as a timeline to try and keep things simple to read.

May 2018 - Issued with Parking Charge Notice. Parking limit was 2 hours. My time was 2h5m.
June 2018 - Appealed, claiming that "grace period" should allow me an additional 5 minutes
June 2018 - Appeal declined and I was notified the charge had increased to £160
June 2018 - Looked for help on moneysavingexpert.com where the majority of forum threads say to ignore threats to pass fine on to solicitors and ignore aggressive text messages about the same
August 2018 - Moved out of home PCN was registered to
December 2018 - Was able to visit previous address to see if I had any letters and found one from CSB solicitors dated mid-November 2018 saying that they have been instructed by their client to prepare for possible legal proceedings
December 2018 - Contacted CSB and requested a call back
December 2018 - CSB contacted me and asked if I would like to settle in full. I said no. She asked me for my new address and I said I do not want to provide that until I have sought legal advice and I'm concerned that if I provide my new address then they will be able to issue a CCJ but without it they will not be able to. She said you have just admitted you know about the penalty and you have just admitted you had access to the letters we sent you.

So, my question is; did I do the wrong thing by making contact with them and admitting I knew about the letters etc?
I do strongly feel that the charge is unfair because of the fact it only went over the limit by 5 minutes but CSB has said that my ability to appeal this has lapsed and I would have to seek independent legal advice if I want to do anything more.
My last question is; now that she knows I don't live at the address they have on file, I'm assuming they can't issue a CCJ to that address - or can they. What do I do from here?

nosferatu1001

You did the wrong thing by calling them
You should have just given them your new address for service
Yes they can issue against there, as you have confirmed you have access to the address.

Just send them a letter telling them your new address for service, and that you dispute all of the alleged debt; their own code of practice prohobits a parking charge in the circumstances given, and any attempt at a claim has no chance of success. You require this is cancelled within 14 days. THis is not an appeal, this is your final position on the matter.

steve1500

And threaten to sue them for compensation under the Data Protection Act 2018 for causing you distress

nosferatu1001

I have no idea how you get that Steve?
The DPA doesnt concern itself too much with distress, but damage due to a breach of data
Arguably they had no cause to request details in the first place.

steve1500

You have a right to seek compensation for distress under DPA.

Came out of Vidall Hall Vs Google

Court of Appeal ruled you can claim for distress under DPA.

Although the CoA allowed Google to appeal to the Supreme Court they didn't.

Since none ( I have never seen a single sign) complies with article 13 of GDPR, they are in my opinion wide open. OP says happened in May so if post 25th Article 13 cuts in as well

Castle

steve1500 wrote: »

You have a right to seek compensation for distress under DPA.

Under sections 168 and 169 of the 2018 DPA and Article 82 of the GDPR:-
http://www.legislation.gov.uk/ukpga/2018/12/section/168/enacted.

The_Deep

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons 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.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.