Driver observed leaving site whilst vehicle remained parked on premises

beamerguy

Smaru wrote: »

Dear forum members,
Whilst waiting for the DQ from the courts,I have been looking at the piles of paper work.

The parking company (TPS) has responded to the SAR letter .
1.In reponse to my request for images of the driver /occupants leaving the premsises, they have sent me images of the parked vehicle .They have stated that they do not have images of the occupants and that witness statement from the issuer attendant will do
2.[FONT=&quot]I had asked for all data held and all evidence that they will rely on prove their allegations;they have responded that this does not fall under GDPR obligtions and is dealt by their legal representatibes (BW Legal) .[/FONT]
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[/FONT][FONT=&quot]Do I ask TPS to provide a copy of the witness statement from the attendant ?Does that fall under GDPR obligations ?
[/FONT][FONT=&quot]Any advice will be gratefully accepted.[/FONT]
[FONT=&quot]Thank you
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They have stated that they do not have images of the occupants and that witness statement from the issuer attendant will do

HAHA ,,,,, TPS floating around in the clouds.

A witness employed by them or even a commission earning bod
working for a company trying to extort money from you
HARDLY CREDIBLE ... so this attendant should attend court
TPS should warn the attendant of the penalty if the judge does not believe him.

With no pictures to prove this, what is this witness going to say in court ....... "Yes Judge that is the man"

The case would be timewasting for the court and by the time BWLegal send along a "rent a mouth" it will be a farce

Such a witness statement should be discredited as the witness is paid by TPS

Maybe TPS think that Judges are idiots ???

KeithP

Smaru wrote: »

Do I ask TPS to provide a copy of the witness statement from the attendant ?

Why don't you tell, not ask, TPS that if this case goes to a hearing you will expect the attendant to be present as a witness as you wish to explore his evidence in court.

nosferatu1001

You require TPS to give you the full anme and servicable address for the attedant, so they can confirm that they saw teh driver leave site via a witness summons. You will challenge, as hearsay, any witness statement provided to the court as you wish to cross examine their alleged witness.

You will also require them to prove the identity of the driver. And you will also ask how they intend to comply witht e requirements of a postiive identification quite a few months after the alleged incident, to the satisfaction of the courts.

Coupon-mad

As above, although don't ask the DPO for this, as this doesn't fall under GDPR/data.

Parkingfines

You may find this section useful ( if you can understand it )

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33

Fruitcake

Parkingfines wrote: »

You may find this section useful ( if you can understand it )

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33

Thar's very useful.

(2) An application for permission to cross-examine under this rule must be made not more than 14 days after the day on which a notice of intention to rely on the hearsay evidence was served on the applicant.

The OP should therefore put in a request to the court for the witness supplying the hearsay evidence to be present so the OP can cross examine or, "attack" said evidence, once they receive the notice of intention from the scammers.

Smaru

Many thanks everyone for all the suggestions.


Any advice on Fruticake suggestions how to send the suggested request to the court for the witness supplying the hearsay evidence to be present so the OP can cross examine or, "attack" said evidence.



The response to SAR was dated 28th December and received on 31st December .

Fruitcake

I am not court savvy but presume the scammer or their agent must tell you and the court at some point by some official means that they intend to use the issuer attendant's notes.

Smaru

Thanks Fruitcake and everyone.I will send the request once I receive official notifications from them
In the meanwhile, as Keith P suggests,I will email them starightaway 'telling' them I will expect the attendant to be present as a witness as you wish to explore his evidence in court.

You require TPS to give you the full anme and servicable address for the attedant, so they can confirm that they saw teh driver leave site via a witness summons. You will challenge, as hearsay, any witness statement provided to the court as you wish to cross examine their alleged witness.You will also require them to prove the identity of the driver. And you will also ask how they intend to comply witht e requirements of a postiive identification quite a few months after the alleged incident, to the satisfaction of the courts.

nosferatu1001, Coupon-mad, any suggestions who at TPS I could ask for these? The TPS response letter concludes by stating that 'This now concludes our response.Should you have any question relating to ongoing cases where charges are outstanding, please contact the legal rep handling the case.

Thanks so much for your time every one. Grateful.

Coupon-mad

(2) An application for permission to cross-examine under this rule must be made not more than 14 days after the day on which a notice of intention to rely on the hearsay evidence was served on the applicant.

The OP should therefore put in a request to the court for the witness supplying the hearsay evidence to be present so the OP can cross examine or, "attack" said evidence, once they receive the notice of intention from the scammers.

Don't overlook what you will need to say in writing to the court first.