County court paperwork for pcn from cel

KeithP

DPA2018 allows the recipient one month to respond to a Subject Access Request.

They won't be rushing. It's nothing but a cost to them.

Westham_man

How long should it take for the SAR paperwork to be received ?

Is there a better time to register a defence ( early or late ) ?

Westham_man

So In theory I would have entered my defence before they send the sar paperwork

Do they always send it out ?

Le_Kirk

Any PPC or company for that matter has 30 days to reply to your SAR

Westham_man

IN THE COUNTY COURT BUSINESS CENTRE

CLAIM No:
BETWEEN:

(Claimant)

-and-

(Defendant)

________________________________________
DEFENCE
________________________________________

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

2. The facts are that the vehicle, registration XXXXXXXX, of which the Defendant is the registered keeper, was parked on the date in a marked bay allocated to Company XXX at XXXXXXXXXXXXXXXXXX, whilst the driver was a paying customer of said establishment.

3. The Particulars of Claim state that the Defendant XXXXXXX was the registered keeper and/or the driver of the vehicle XXXXXXXX. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5.
4. The defendant XXXXXX has not received either the original NOTICE TO KEEPER or the copy which has been requested on 2nd March via the SUBJECT ACCESS REQUEST which was emailed to their Data Protection Officer. This fails section 56 schedule 4 of the protection of freedom act 2012 and as such the keeper cannot be held accountable for the charge notice.
5. It appears from the system generated legal paperwork received 12th & 29th November that the claim is brought for breach of contract. 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.

6. 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.
7. Further and in the alternative, 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 states " 90 minutes free parking during store opening hours only".
The BPA CODE OF PRACTICE , section 13.4 states "you should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action". This has been a period of at least 10 minutes. However, at a meeting of the Professional Development & Standards Board Date 30th July 2015, the minimum 10 minutes grace period was discussed and the board agreed with suggestions that the clause should comply with DfT guidelines in the English book of by-laws to encourage a single standard. They agreed that clause 13.4 should be amended to reflect a minimum mandatory 11 minute grace period.
They reworded clause 13.4 to "if the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 11 minutes"
8. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

9. 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 as stated earlier I have not seen one, but understand this to be £60. This amount has been increased beyond recognition, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

10. 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.

Name XXXXXXXX
Date

Westham_man

Hi All,


Constructive comments please - allc assistance gratefully accepted

KeithP

Is that your full name I can see there in CAPITAL LETTERS in paragraph 4?

If so, probably best that you remove that.

Also in para 4, SYSTEM ACCESS REQUEST should be Subject Access Request.

Coupon-mad

In #4 you call it:

the fine.

It's not a fine so don't give it that title.

Westham_man

I have emailed in my defence, printed off the N180 DQ's & completed them as per the thread.
I'm currently collating the BPA, Beavis sign, signs from KFC site - day & night pictures etc


Once again thanksd for you help so far.


If nothing else all this saved my son a £60 PCN from a pub car park on saturday night, he got one, rang me & due to all this I talked him through getting it waived by the landlord !!!

Umkomaas

If nothing else all this saved my son a £60 PCN from a pub car park on saturday night, he got one, rang me & due to all this I talked him through getting it waived by the landlord !!!

Good quick response, strike while the iron's hot action. Well done on using the information you've gained in your short time with us. A landowner/retailer cancellation is the most powerful and satisfying result.

Was it a windscreen ticket on your son's vehicle? Which parking company?