Britannia Parking Fine - County Court Notice

Coupon-mad

You are asking for SAR for all data held, which will show you all photos taken, all letters sent, and the PDT machine log from that day, with other VRNs partially redacted but you want to see your VRN & the payment next to it, or a 'near match'. STATE THAT CLEARLY.

That will show you their case. Or, you might get lucky!

We've already seen Britannia discontinue claims twice on this forum, just by someone sending a SAR about a VRN error.

Britannia looked at the data and realised it was a minor error & cancelled those claims.

What does it mean 'as the POC being sparse etc',

Acronyms are explained in the NEWBIES thread post #5.

Well worth doing. And dead easy, stop overthinking it all.

Will this actually go to physical court. I had no idea and thought it was just dealt with by the court

Yes, obviously, you've seen Judge Rinder? But by sending a SAR you might get lucky and get them to discontinue.

And if not then you just submit a defence like everyone else manages to do, and if a hearing is then listed and you can't face it, you then write 2 weeks before, to the Judge, saying you cannot attend and that the case be heard 'on the papers'.

Crack on with the SAR, get that emailed now, then work on the defence.

ChloeOxford

Thank you Coupon-mad but what use is the information if it doesn't even reach the defendent in time? A defence can't be written if there is no information?

I have been back and forth with teh Newbie post and trying to locate the information but there is So much information and it is in such a language that I am finding it really hard to locate the info and or understand it under pressure.

Ok so found POC - it states 'POC = Particulars of Claim (the short paragraph on the left middle of a claim form, with very sparse facts).
So how does that build a defence?
And the defence template, can that be used for everyone. Some of the things referred to in the defences on here re case studies, situations with signs etc may not even relate to this case. I could just be quoting a load of nonsense to the court that doesn't even apply here which may make matters worse?

I'm sorry if I am overthinking, unfortunately I suffer from stress, anxiety and depression and unfortunately this is elevating it at a time that there is already a lot of work stress. I appreciate others have managed to put a defence together but in my current state of mind I cannot see the wood for the trees and am just totally overhwhelmed by all of this.

So the SAR (in have located the DPO email address) is just to request all of the details they hold as the 'POC' is unclear and specifically requesting the number plate log from the payment machine. Do I mention teh other number plate that I believe may of been entered in error?

Thank you and sorry if I am overthinking/useless

Coupon-mad

Oh goodness me, just email that SAR, NOW! Britannia will likely reply within a fortnight.

I suffer from stress, anxiety and depression...a lot of work stress

Don't we all. Not joking, not belittling it. Step into my shoes.

No-one is actually telling you to write a defence this week!

DO THE SAR.

Redx

ChloeOxford wrote: »

1) I appreciate your help but I am not a lawyer or a solicitor and although I consider myself an intelligent person I am really struggling with understanding the language and what I am being advised to do and it is very upsetting.

2) please, anyone who can help and put it into simple language and steps of what I am meant to do I would really, really appreciate it.

1) neither are we , so we do a lot of studying and reading (on a laptop)

we use common sense and read whaty otehrs have done so its not done from scratch

2)

step 1) :- send a SAR to the DPO at BRIT and get their data held on you (same as we tell everyone else), include a picture or scan of the CCBC DOCUMENT that was sent in the post

step 2) :- as KeithP told you (as have we all), draft your defence in word or similar, based on the examples in other BRIT court case threads (there are loads on here) and starting with the concise defence written by member BARGEPOLE

copy and post the draft on here so it can be added to, altered and anything else that needs doing (so we would start by being critical of it and asking you to look into and add extras)

nobody here will do it for you, so the sooner you do what you are told the better for all. bear in mind that this is a legal case and so IT IS NOT SIMPLE and legal jargon will abound

ChloeOxford

How it this for the SAR please?

I am making a request that I am entitled to under Data Protection Law, for all information held relating to myself.

I am requesting ALL information held relating to me and the alleged offence. Specifically but not limited to:

Exact details of the alleged offence
All related correspondence sent
A copy of the Parking Charge Notice, Notice to Keeper
Pay and Display Terminal Records for **/0**/2017 including payments made
Contact details and where these were obtained form
All data held, all evidence that will be replied upon
A list of all Parking Charge Notice's you consider as outstanding against me - any claim must be for all PCN's in one claim, not several separate claims
If you need any more data from me to confirm my identity please let me know as soon as possible.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member urgently.

If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

ChloeOxford

I am sorry if it comes across as me being lazy, I really am not and your tone does come across as quite off and unkind. I am not trying to get out of doing this myself. I have spent hours working through the newbies post, other posts signposted to. Defence templates etc etc....also on a laptop at night until the early hours and at my desk in my 20 minute lunch break and I am really struggling hence the very desperate plea for help. As such my reference to my illness was not for sympathy it was to explain why I might come across as 'over thinking' as coupon-mad states, as this is a symptom of my illness which is a problem for me at the moment. Apologies for this.

I appreciate this is a legal case and there is legal jargon, that is what I need help with as I am not confident in reading or using this or confident in what the defence is in this case. It is not language I would use or that I understand and so I am concerned about replying with the wrong thing and something if it is completely unrelated to this case as that will surely look worse to the court?

Apologies, I didn't think I had been advised how to put the defence together before now? only not to touch it yet, to possibly use the POC being sparse and when happy with it print it, sign it, scan it and email as an attachment to the court.

Our posts have crossed over and so as you will see I have put together the SAR from information I have been advised to use or have found on the website. This was done in the main late last night. After reading further in my lunch break today I was just hoping to clarify my understanding before finalising it and sending it tonight but then became further confused by RedX's reply regarding not relying on the SAR for the defence which is what I had thought it was for.

Apologies again if I am coming across in the wrong way and/or you think I am not doing what has been asked.

Many thanks

Redx

half of this thread has been about getting you onto the correct path , correcting your mistakes and assumptions and to try to stop you overthinking things

when you reply you are asking about steps that are not taken yet, what ifs etc , instead of treating this like a hurdle race and only looking at the next hurdle instead of ther 3 after it and one that may fall down or may not

KeithP told you that once the AOS was done you had a month to prepare your perfect defence, this will start with the basics and be gradually adjusted to suit, plus any mistakes or assumptions rectified such that when it is approved for court it will be what you want it to be, but that is a gradual process and will NOT be correct at the first draft, but should be correct by say draft 10

it may well be that once BRIT receive your SAR you may get told that they do not wish to proceed, which has happened a lot lately , especially for PDT issues cases like yours

it may well be that if you do the SAR asap then you may get the info you need to assist in a better defence, but your defence will assume that the SAR reply wont come in time and be worded accordingly

that way, if the SAR reply comes in time and helps your case, your defence will be adapted yet again due to this new information, plus if it doesnt help your case the "final" draft will remain unchanged

Redx

ChloeOxford wrote: »

How it this for the SAR please?

I am making a request that I am entitled to under General Data Protection Regulations Law (GDPR 2018) , for all information held relating to myself.

I am requesting ALL information and data held relating to me , my vehicle and any alleged offences. Specifically but not limited to:

Exact details of any alleged offences
All related correspondence sent
A copy of the Parking Charge Notice, Notice to Keeper
partially redacted Pay and Display Terminal Records for **/0**/2017 including payments made, especially for anything resembling my VRM details
Contact details and where these were obtained from
All data held, all evidence that will be replied upon
A list of all Parking Charge Notice's you consider as outstanding against me - any claim must be for all PCN's in one claim, not several separate claims
If you need any more data from me to confirm my identity please let me know as soon as possible.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member urgently.

If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

I have made a few subtle changes (and it wasnt hard to find those previous examples , was it)

add your PCN REFERENCE , MCOL REFERENCE , NAME , ADDRESS , POSTCODE, VRM of your vehicle at the time and confirm that they can use your email address and add it as well for posterity

add a picture or scan of your MCOL document as proof of who YOU are in requesting this data

email all of that to the actual DPO listed in their privacy section of the BRIT website, so it goes directly to their data officer

copy your own email address into the TO box so that you get your own emailed copy, as proof of email delivery


ps:- the NEWBIES thread tells you this, so please read it carefully because you have not followed it yet

NO NEW THREADS SAYING 'HELP WHAT DO I DO?' ABOUT BW LEGAL CLAIMS, PLEASE.

SPARE US!

JUST READ OTHER ONES FIRST...START A THREAD ONLY IF YOU DON'T ALREADY HAVE ONE, AND ONLY ONCE YOU HAVE READ AT LEAST TWENTY OTHER BW LEGAL DEFENCE THREADS.

WE WILL DROWN OTHERWISE.

YOU SIMPLY DO NOT NEED ADVICE ON A THREAD FROM SCRATCH JUST BECAUSE YOU HAVE GOT A CLAIM. INSTEAD, TAKE A WEEK TO READ OTHER THREADS - THEY ARE ALL THE SAME - AND SHOW US YOUR DRAFT DEFENCE FOR COMMENTS.

I have highlighted some parts in red, ESPECIALLY the last sentence with the final 8 words

ChloeOxford

Hi Redx, thank you and I appreciate the efforts taken in helping me. Unfortunately I am unable to stop the way my mind works and that has an effect further than this thread believe me!

So, to move on from that.....

If my SAR email is satisfactory I will forward to the keeper of the vehicle to send to Britannia tonight.

I will then research further other defence statements on here, using one as a template to start my defence and add to it any points that I may feel as relevant.

I will await a reply from Britannia but if I don't hear anything in...2weeks? will post the start if my defence on this thread for further suggestions/advice.

Please can you confirm if I am I correct in my understanding?

Many thanks for your time. Kind regards

Redx

the SAR I posted as an amended one is satisfactory, not yours that you copied and pasted, including the spelling mistakes , lol , plus DO NOT FORGET the pcn ref , name , address, VRM details and proof of the MCOL document as proof of I.D. too, otherwise they will bounce it back, or take MUCH LONGER to process it

yes you are correct, but once the SAR has been sent, you can feel free to post any draft that you need help with, even BEFORE the 2 weeks is up, but no later for the initial draft as you need a couple of weeks to hone it and especially if the SAR is replied to

also post if they discontinue the case due to the SAR request which may highlight there inadequacies about VRM entry on PDT machines etc (which they have done with other ones recently on here)