£3K in parking fines - help!

beamerguy

ShedHeadgirl wrote: »

Sorry, some fab replies have come in while I was typing.
I will go and photograph the relevant car park in the next hour.

You need pictures as the car enters the site.
As already said above, you need to talk to the boyfriend about
his lease and what it says about parking

Coupon-mad

There's no PDT machine at flats.

It will be a permit scheme the boyfriend forgot to tell her about, and you WILL see signs - so do not panic!

YES there will be signs up, YES it will say £100 a pop. This DOES NOT mean she is stuffed.

What you want is photos of how obscure the signs are (placed above the bin store, or behind foliage, or maybe whole areas with NO signs, get photos of such corners and bays where a visitor would have no idea of terms).

And of the entrance, is it very prominently signed, or not at all? Get photos!

beamerguy

ShedHeadgirl wrote: »

To answer some of the questions immediately, there are a total of 16 occasions, and in each one it says Parking Event: Unauthorised parking

She didnt buy a ticket (I'll know when I go if this is even an option as it is flats)

As I understand it, residents are invited to purchase a parking permit

Parking companies can only request info from the DVLA once per ticket
It is possible that they did this on the first ticket only and retained the data.

You need to request from the DVLA how many times the parking company requested info, it should be 16 times

The_Deep

IMO, you need to spend much more time reading and understanding the stickies.

Your daughter will almost certainly be taken to court where she will be arguing the law against a solicitor. Your above post is, imo, totally inadequate. For £3000 you need to make far more effort.

As an example you say "if the allegation concerns a PDt machine …". You must surely be aware that it does not. Similarly. the next paragraph is equally otiose. The PPC will see that you have copied a defence from the internet without understanding a word of it.

The wording of the lease of the owner of the parking space is crucial, please tell us what it says.

Also, read this

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

and google "Primacy of Contract". Unless £3000 is loose change to you you need to take this very seriously.

ShedHeadgirl

Thanks Coupon-Mad, really appreciate it, it doesnt help that I can hardly think straight but have located the second post now, and better understand what you mean now, off to get photo, will take the 28 day option and construct a defence based on Bargepole's advice re residential parking. Thank you so much!

Coupon-mad

We will be here to advise throughout.

Remember the LBC stage (pre-court) one needs separate attention and the best way to start is to make the parking firm busy with a SAR.

Green Parking appears to be the base company in all cases, so should we write to them, or to the company which first wrote?

The SAR goes to Green Parking's Data Protection officer:

http://www.green-parking.co.uk/privacy_policy/

No using the phone number, only the email address, and head it 'SUBJECT ACCESS REQUEST RE VRN XXX XXXX' and she must attach her V5C so they can see she is the data subject entitled to all photos & data about this car.

She should also stress that there is more than one PCN (do not list them - make them do that) and she wants the DPO to list all of them, with photos for each & every one, and letters/PCN for each & every one, AND proof of their procedure used for, and dates of, each & every application using the KADOE to get her DVLA data for each & every PCN.

ShedHeadgirl

The Deep, thank you also. Scrap initial letter obviously, I realise now it is no good. Will repost with something more sensible in a day or two, and I'll post up the lease wording when I can get it.
Beamerguy, we are downloading form V888 to check re access to data, thanks for this idea also

ShedHeadgirl

Out of interest, the parking-prankster blog says that Beavis doesnt apply to residential parking, but every one of the parking letters refers to Beavis. Is there anything to be made of this?

Coupon-mad

ShedHeadgirl wrote: »

The Deep, thank you also. Scrap initial letter obviously, I realise now it is no good. Will repost with something more sensible in a day or two, and I'll post up the lease wording when I can get it.
Beamerguy, we are downloading form V888 to check re access to data, thanks for this idea also

I do not think you use V888, which is not for keepers asking about their own vehicle and will just cause the DVLA to wrongly ask for a fee.

She just emails the DVLA to ask for all dates & details where firms have accessed her data - like loads of people here have done. And she should add 'I understand there is no fee for me asking this question, given that I am the keeper'.

ShedHeadgirl wrote: »

Out of interest, the parking-prankster blog says that Beavis doesnt apply to residential parking, but every one of the parking letters refers to Beavis. Is there anything to be made of this?

Yes, both are correct.

The defences seek to 'distinguish' your case from Beavis, to show it doesn't apply! Hope that makes sense.

A scammer PPC will pretend the (frankly awful, terrible decision by the Supreme Court, who should be ashamed) Beavis case kills off all parking case defences, and it's your DD's job to show it is different in all facts, and has no application here.

ShedHeadgirl

Ok, that was the advice from DVLA on how to request the information and a fee was mentioned, but thanks, we'll trying emailing
Re Beavis, noted!