Gladstone & UKCPM county court claim

Lauz44

In desperate need of some help. I have received a County Court claim letter for a PCN from UKCPM (then referred to Gladstone solicitors) I have sent my AoS and now have until around the 25th March 2019 to build my defence. Is there anything else I need to do in the mean time?

The circumstances of the PCN are due to parking in a private car park of the accommodation I was staying in and not displaying a valid ticket/permit. I had paid the landowner directly via bank transfer (I have a bank statement and email correspondence to prove this) for a 1 month permit 2 days before the PCN was issued. I did not receive the permit until it was emailed to me the day after my PCN was issued (3 days after I had sent the relevant documentation/payment) however I presumed having completed and submitting everything to the landowner, I would be covered.

I sent an email upon finding the PCN to the landowner who instructed me to take this up with UKCPM. I sent a letter using the generic templates online asking for breakdown of costs and included the emails and printed bank statement showing the money debited from my account. They sent a generic letter completely ignoring the questions and requests I'd made. Anyway, fast forward a year of not replying to any of Gladstones letters (advice from a solicitor friend) and here I am with a court letter. Can anyone please help me with my defence? I have read almost every inch of the newby thread and will no doubt spend the whole weekend researching. I believe I've paid the landowner therefore they've incurred no losses from my being parked there. Sorry its long winded.
Thanks in advance!

Redx

as the NEWBIES thread tells you , email a SAR to the DPO at UKCPM asap and get all your data within 30 days (add a pic or scan of your V5C or the N1 form as proof of who you are)

I assume you have posted the AOS by what you said ? , whereas you should have logged in online and done it (or both for that matter)

post the DATE OF ISSUE listed on your N1 form below, so we can check your deadline date for emailing your defence

then read post #2 of that NEWBIES thread again, look for the BARGEPOLE defence examples and adapt his concise defence, that is your starter for ten

post your proposed draft below, for critique

Lauz44

Thank you so much for your prompt response. I saved a draft of SAR but thought it might be too late for this. The date of issue for the claim is 25th February 2019. I completed the AoS online last night. I don’t know which points apply to me for my defence as I’m not contesting signage etc, can’t seem to find a case similar to my own but I will be looking at it in much greater detail on the weekend.

KeithP

Lauz44 wrote: »

The date of issue for the claim is 25th February 2019. I completed the AoS online last night.

With a Claim Issue Date of 25th February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 1st April 2019 to file your Defence.

That's 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.

Redx

signage is ALWAYS contested because it forms the contract with the driver

start with the concise DEFENCE by member BARGEPOLE, then address the POC etc in order to expand on that basic defence

query everything , accept nothing

post the proposed draft below, for critique, same as everyone else does


ALWAYS , ALWAYS email a SAR to the DPO at the PPC involved, regardless of the time etc

Lauz44

Sorry, I thought this had posted yesterday.
This is what I intend to send in my SAR email to the DPO or UKCPM.
I'm hoping to send this off ASAP. I don't know the exact points I will be contesting (other than what has been suggested so far in the threat) so didn't want to go into too much detail in this until I've researched further. Critique is welcome!

UK CAR PARK MANAGEMENT
19 NEW ROAD
BRIGHTON
BN1 1UF

2nd March 2019

Dear Sir or Madam

Subject access request

Parking Charge Notice No: xxxxxxxx

As the registered keeper of the car (registration xxxxxxx), I received this parking charge notice however it will be contested as a valid permit was applied for and paid directly to the landowner prior to the PCN being issued.

Please supply the information about my car I am entitled to under the Data Protection Act 1998 relating to:

The list of all times the car was captured on (date), by any camera within the site, and all those images of the car
All letters/emails sent and received, including any appeals correspondence
All data held, all evidence you will rely on, and a full copy of the PCN and NTK
A list of all PCNs that are outstanding against me and/or this VRN, and any claim must be for all PCNs in one claim, not several separate claims

If you need any more information from me, please let me know as soon as possible. Take note that, if you say you will require a fee, I will simply re-submit my request after GDPR makes SARs free, on/after 25th May 2018.

If you are not prepared for GDPR and issuing free SARs to any of your PCN-victims who request it, I suggest you may need to attend one of your Trade Body's preparation events and the last one is on Tuesday in Glasgow:

britishparking.co. uk/GDPR-Preparation-Events

I would also like to know why you are in breach of the BPA Code if Practice and the ICO Code of Practice for ANPR/surveillance camera data use? UK Car Park Management did not inform me of my rights to a SAR, I had to find this out for myself.

I warn you of the above because I intend to report UK Car Park Management to the ICO for breach of the ANPR guidelines, one you have provided a reply to this SAR.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk

Yours faithfully

KeithP

I would suggest that the Subject Access Request should be sent by email to their Data Protection Officer.

Their DPO's email address is on their website under 'privacy', but here it is anyway:

dpo@uk-carparkmanagement.co.uk

What is this sentence doing in there?...

Take note that, if you say you will require a fee, I will simply re-submit my request after GDPR makes SARs free, on/after 25th May 2018.

and this:

If you are not prepared for GDPR and issuing free SARs to any of your PCN-victims who request it, I suggest you may need to attend one of your Trade Body's preparation events and the last one is on Tuesday in Glasgow:

britishparking.co. uk/GDPR-Preparation-Events

and this is irrelevant:

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.

Lauz44

Thank you.
I found a template from a recent successful claim and copied it. Sorry if these points aren't necessary - still very new to this and learning as I go. Just wanted to get this sent ASAP so I can start my defence knowing what they intent to argue against me.
*edit - I have removed the part about the CCTV footage, there isn't any, it was issued by a parking attendant. Also changed the typos!

Lauz44

This is the original email from the accountant working for the landowner with the details for parking. I submitted the payment and as I couldn't alter the PDF document, I sent the details requested in the document and submitted the amount for a 1 month permit to the account given. It says the permit would be issued 'immediately' however I received it 3 days later (one day after the PCN was issued). I'm hoping something here helps my argument:

'Thank you for your query. The costs of long term parking per vehicle on this
site are as follows:

24 Hours: £4.60 (payable at machine on site - No need to sign agreement)

Weekly Charge: £15.00

Monthly Charge: £47.50 (or £45.00 for students / NHS employees)

Funds for long term parking should be paid in advance into the following
account:

Bank:
Sort Code:
Account Number:
Account Name:

Upon receipt of a completed parking agreement (copy attached) and your fee,
your parking permit will be issued to you immediately.

Please do not hesitate to contact our office if you have any further
queries.


Kind regards'

The only text in the agreement I was sent regarding the permit specifics is this:

9. Vehicles shall at all times comply with all road markings, signs and the directions of authorised persons. (there are no bays in the carpark, it is gravel - not sure if this is relevant though)
17. Conditions of Entry and Limitation of Liability:
18.1 the Conditions of Entry and Limitation of Liability displayed at the entrance to and throughout
the Car Park are incorporated in these Terms and Conditions and apply to this Agreement as if they
were set out in full.
18.2 in the case of any inconsistency between this Agreement and the Conditions of Entry and
Limitation of Liability, this Agreement will prevail.

Lauz44

It's been 11 days since my SAR request and I haven't received anything from the company as yet. I know they have 40 days however I'm concerned I won't receive a reply before the court date and won't have the information I need to inform my argument. I'm still working my statement and hope to put a draft up within the next few days.

Redx

its 30 days , not 40 (typo)

yes post your draft defence up when completed

the lack of POC details and lack of the details in any PaP will also be of use in any defence, assuming the SAR info doesnt come until day 30