PCN notices that were replied to

snores

Hi everyone,

We received a few PCNS early last year regarding alleged contraventions in a retail carpark, they were all from the same parking company but all regarding different dates. We typed out a letter disputing all of the dates, in one letter, as we thought this would be simpler than sending several. I think a few weeks went by and we received a reminder PCN about one of the dates they had previously sent - nothing on the other dates - so we resent the original letter albeit omitting the irrelevant dates. We didn't hear back at all so we put it all to the back of our minds assuming it had all been quashed.

We were wrong.

Fast forward to December and we received an MCOL I think it's called, about the parking company taking us to court. We hadn't received anything prior to this. We've acknowledged receipt and stated our intention to defend.

Having gone back to work after the Xmas break, I asked my partner to reprint a copy of the letter we sent in the first instance all those months ago - we wanted to use it as a small part of our defence. Now here's where we've realised that my partners work computer was upgraded with a better model sometime last year - after all the letters were sent from our side. Where we thought it had been saved to the P drive, it was apparently not and probably instead saved on the desktop. My partner is now in correspondence with the IT dept trying to see if this original PC can be tracked down (it's the NHS so.... )

Will this be an issue to the judge if we can't provide the original letter(s) we sent to the parking company? It's not the biggest portion of our defence but I'm worried that it makes us seem incompetent?

Thanking you all in advance

Redx

your WS will be a part of your evidence which a judge would listen to, but only the judge can decide how much creedence can be given to what you are saying


and in any case, send the PPC a free SAR to their DPO by using GDPR and get all the data and docs they have on you, including the pcn and any appeals you made, do this asap, this weekend


ie:- if you get what you need using a SAR, you may not need the IT departments help

KeithP

snores wrote: »

Fast forward to December and we received an MCOL I think it's called, about the parking company taking us to court. We hadn't received anything prior to this. We've acknowledged receipt and stated our intention to defend.

Sounds like you have received a Claim Form.

Was this sent from the County Court Business Centre in Northampton, or from somewhere else?

What is the Issue Date on your Claim Form?

When did you do the Acknowledgement of Service?

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.

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.

snores

Hi,
thanks for this - we will do the SAR as a matter of urgency this week.

The parking company in question is ES Parking - we've checked on their website and they haven't listed a DPO. Can we just email any email listed on their website or should we dig for a DPO?

snores

KeithP wrote: »

Sounds like you have received a Claim Form.

Was this sent from the County Court Business Centre in Northampton, or from somewhere else?

What is the Issue Date on your Claim Form?

When did you do the Acknowledgement of Service?

Hi thank you for replying.

Sorry yes it is a claim form - I didn't have it to hand when I made my original post so struggled to think what it was called. It was sent from the Count Court Business Centre in Northampton, yes. The issue date is 10/12/18 - we replied with an AOS on the 28th so have until the 14/1/19 to submit a defence so any help is greatly appreciated. We have written up a first draft defence which I will post in a separate post below - please critique as needed. Thank you in advance!

snores

snores wrote: »

Hi,
thanks for this - we will do the SAR as a matter of urgency this week.

The parking company in question is ES Parking - we've checked on their website and they haven't listed a DPO. Can we just email any email listed on their website or should we dig for a DPO?

Sorry only just figured out how to quote posts - this was in reply to RedX

KeithP

snores wrote: »

Sorry yes it is a claim form - I didn't have it to hand when I made my original post so struggled to think what it was called. It was sent from the Count Court Business Centre in Northampton, yes. The issue date is 10/12/18 - we replied with an AOS on the 28th so have until the 14/1/19 to submit a defence so any help is greatly appreciated.

Yes, those dates are fine, but there may be something useful here...


With a Claim Issue Date of 10th December, and the Acknowledgement of Service done in a timely manner, you have until 4pm on Monday 14th January 2019 to file your Defence.

Please 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.

Coupon-mad

snores wrote: »

Hi,
thanks for this - we will do the SAR as a matter of urgency this week.

The parking company in question is ES Parking - we've checked on their website and they haven't listed a DPO. Can we just email any email listed on their website or should we dig for a DPO?

Odd, I just found the email in 20 seconds.

The first Google search I tried: 'ES Parking Privacy' took me here:

https://www.espel.uk/anpr-privacy/

Do the SAR right now, not 'this week'! You want to see their hand.

snores

Redx wrote: »

your WS will be a part of your evidence which a judge would listen to, but only the judge can decide how much creedence can be given to what you are saying


and in any case, send the PPC a free SAR to their DPO by using GDPR and get all the data and docs they have on you, including the pcn and any appeals you made, do this asap, this weekend


ie:- if you get what you need using a SAR, you may not need the IT departments help

Coupon-mad wrote: »

Odd, I just found the email in 20 seconds.

The first Google search I tried: 'ES Parking Privacy' took me here:

Do the SAR right now, not 'this week'! You want to see their hand.

Hi thanks so much for replying - I sent the SAR today and received a reply back.

Basically the DPO is asking for a copy of my vehicles V5 logbook to show evidence that I am the registered keeper - is this excessive or should I send a copy?

snores

KeithP wrote: »

Yes, those dates are fine, but there may be something useful here...


With a Claim Issue Date of 10th December, and the Acknowledgement of Service done in a timely manner, you have until 4pm on Monday 14th January 2019 to file your Defence.

Please 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 ]
   
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

Hi thanks so much for replying - we have written a first draft of our Defence which I have posted in the thread a post above. Would anyone have time to give it a skim proofread or am I overstepping a bit there..