£3K in parking fines - help!

KeithP

ShedHeadgirl wrote: »

12 Feb 2019 is the date on the "Claim Form".

With a Claim Issue Date of 12th February, you have until Monday 4th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 18th March 2019 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but 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.

Everywhere I have said 'you' or 'your' I do of course mean the Defendant.

ShedHeadgirl

Latest version of SAR:

Dear Sir or Madam
Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )
(name, address, vehicle registration number.]
Please supply the data about me that I am entitled to under data protection law relating to myself. This should include:

- ALL photos taken
- all letters/emails sent and received, including any appeal correspondence earlier
- all data held, all evidence you will rely on, and a full copy of each PCN and Notice To Keeper that you consider are outstanding against me and/or the VRN.

To confirm, I require you to list each PCN, with photos for each and every one, and copies of the letters/PCNs for each and every one, along with proof of your procedure used for, and dates of, each and every application using the KADOE to access my DVLA data for each and every PCN.

I would remind you that any claim must be for all PCNs 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. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

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

Send, or more amends?

Coupon-mad

I would remind you that any claim must be for all PCNs in one claim, not several separate claims.

The above is not for the Data Protection Officer/SAR, so remove that line.

ShedHeadgirl

Got it, Thank you! Ok, so far today:
- Claim delayed with money claim
- SAR sent to Green Parking
- Access request sent to DVLA
- Boyfriend asked for details of lease re parking
- Boyfriend asked about parking permits
- Daughter instructed to go tomorrow and take lots and lots of pics including entrance

Am away until Sunday now, but will pick this up again Sunday evening.
Thank you so much everyone, I am hugely grateful xxx

ShedHeadgirl

Keith P
This is super helpful, thank you so much!
ShedHeadgirl

DoaM

Back to post #1 ... what amount is being claimed in the claim form? Is the LBC from QDR referring to a collation of the subsequent PCNs?

(I suspect they might be trying a "shot across the bows" to see if they can win the first claim, and then use that [if they do] to make the £2.5k+ claim a "slam-dunk").

ShedHeadgirl

Hello everyone
DoaM the claim for is for £242, THE lbc from QDR is for a further £2,672. :-(

[Deleted User]

If proceedings are issued in respect of the "big claim" you should ask the Court at the directions stage to have the "big claim" consolidated (i.e. heard at the same time) as the "smaller claim."

They've likely done it in two tranches as claims over 3k incur a bigger fee than the two separate sets of proceedings (£25+£105 rather than £185). You may choose to suggest that this is a deliberate abuse to avoid the appropriate Court fee.

As I understand it, only the smaller claim is 'live' at Court tight now, with the "big claim" merely threatened at this stage. Until the "big claim" is issued, there isn't much you can do, beyond acknowledge the claim and prepare your defence.

You haven't yet reproduced EXACTLY what the signs say. This is important. You can omit any address, but all other wording and small print may be critical - type it on here or link to a photo.

ShedHeadgirl

Hello Johnersh
Thanks for the prompt. She went and got photos yesterday. I'm unable to sort a link out, will type out the wording tomorrow.
She also says that the sign is newer than the offences, so not sure if that will be helpful, and that the back entrance to the car park has no official sign. I'll try and visit the car park with her this week to clarify what she means.

[Deleted User]

She also says that the sign is newer than the offences

That tells you something about the clarity of the earlier signs. Google Street view sometimes captures sign position (if not the wording) in sites accessed by main roads.