Help please there taking me to court

Coupon-mad

Get your credit card company/bank to reverse the charge.

The undeniably aggressive TrustPilot ''replies'' and a case reported a year or so ago, where some poor person settled out of court (as reported here at the time, pour encourager les autres, no doubt) suggests that nasty company actually sue people for doing that.

Cuppel69

Trying to do S A R is a nightmare the JD parking website links are incorrect and mail is returned to me I have spoken to a lady in there office who gave me another email for pro tech solutions another one of there many trading names but not getting any response from that. Lady in office said she was not able to accept the request over the phone any thoughts please

ShakeItOff

She is incorrect. A SAR can be made verbally or in writing. Call again, record it if you have to and made the SAR verbally (https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/)

Alternatively, ping them a letter (send it first class, get proof of postage - do not send as recorded delivery, as these can be rejected).

I have a feeling that you can also look on the ICO website which has a register of DPOs or Data Controllers. That might be worth a check.

Le_Kirk

You could try a postal request: -

JD Parking Consultants Ltd
P.O Box 223
Farsley
Pudsey
LS28 0BZ

Cuppel69

So thanks for the help here is my case for the defence thanks Bargepole
IN THE COUNTY COURT
CLAIM No: xxxxxxxxx
BETWEEN:
JD PARKING CONSULTANTS LIMITED (Claimant)
xxxxxxxxxxx (Defendant)

DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

3. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

4. The facts are that the vehicle, registration xxxxxxx, of which the Defendant is the registered keeper, was parked on the material date in a bay on Vernon street, not Cookridge Street as implied on the original letters. On entering the street there are no signs to inform that you have left a public highway and are now on private land. There are many bays, and more than one company claims to have enforcement rights on this street, each company seems to have signs on bays it claims to have rights over, leaving many bays unmarked.
5. Further , it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly displaying a permit, within their allocated parking bay, nor indicating which bays are allocated to whom.
6. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.
7. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.
8. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.
I believe the facts contained in this Defence are true.

I have pictures of both companies signs on different bays and loads without signs, also a video of entry into street showing no gate signs.My only concern with this is i have i believe about 10 of these notices from jd parking all in different stages ie Zenith DRP or Gladstones is it not possible to get them all together for this one hearing. Anyway please let me know if defence is ok does it need more or less

Cuppel69

so ive just been reading more on here and sounds like I can ask them to bring all pcns together in one now to figure out how, please some feedback on appeal as im very limited for time after today

Cuppel69

sorry why send defence as email when there is a place to do it on money claim

Redx

because if you read the BARGEPOLE summary it tells you that the online system messes up the formatting , hence why you email it as a pdf

the CM post also tells you not to start scrawling on the paper form and not to fill in the box online, just to do the AOS online , nothing else

perhaps more reading is in order, plus instead of trying to push water uphill, just go with the flow from people who know more about it, its easier that way

you are not including any evidence or exhibits at this stage either , no photos , no pcn,s nothing at all, just a defence in words only

lastly, you are not , repeat NOT , appealing, the time for that has long gone

you are defending a court claim, with a defence

Cuppel69

Thanks REDX i am certainly thankful for the experianced help im getting here, was just wanting someone to look at defence before i sent it off, i have printed signed scanned back as pdf and have the address from sticky threads ready to send.

Redx

and only somebody with that kind of experience may respond about checking the defence and commenting on it, which are counted on the fingers of one hand on here, pointless anyone else commenting unless its about obvious mistakes etc (certainly not the actual legal content)

and just like the MCOL system , your formatting is destroyed in your copy and paste defence above, so I suggest you edit it a bit into paragraphs that can be read easily

the defence deadline is a month away, so you will have to wait and see if anyone comments on it, but the more replies you add or get, the further it gets up this page or gets onto the previous page or pages, so stop asking questions and wait for comments on your defence draft above


the more you READ , the more you learn, like we do