Claim Form received from Gladstones - Defence uploaded - review and comments appreciated!

KeithP

contributor1999 wrote: »

I work near the OPS office - is it worth visiting them in person with my SAR?

I wouldn't.
You might embarrass them while they work out whose turn it is to be the Data Protection Officer on that day.

But seriously, if you do that you will have no proof of delivery.

Send it by email direct to their Data Protection Officer whose email address is on their privacy page.

contributor1999

Understood, thanks :-p

contributor1999

Amazingly OPS have responded to my SAR email.



Their 'Notes' say the following: "Parked in a BRC bay from 12.11 to at least 12.40 did not see leave"



There is a single legible close up photo of the licence plate of the vehicle in question at 12.11. Their photos apparently show the vehicle in question enter a 'BRC' bay (whatever that is) and stay for about 5 minutes (from 12.13 to 12.17) - after that time the BRC bay is clear for the remainder of the photo sequence. There are then photos showing another apparently similar vehicle (it is a very common model/colour) parked in an adjacent 'P&D' bay from 12.18 until 12.40. Other than the single close-up at 12.11, there are no photos provided of either vehicles licence plates when parked or otherwise, nor photos of either vehicle leaving (amusingly they include the same photo from 12.11 again at the end of the sequence).



There are no photos proving whether or not a ticket was displayed on the dashboard and OPS have declined to provide any evidence from the ticket machine.



Can anyone advise whether they think this is this enough grounds for a defence or should I do further research into other more common legalities related to OPS and these cases in general?


Can post a redacted version of their SAR if it would be useful (contains PCN and Letter Before Claim)?

KeithP

Did this happen in Lewes, East Sussex?

We have previously seen mention of a 'BRC bay', where BRC = British Red Cross.

This thread from last year may interest you:

forums.moneysavingexpert.com/showthread.php?t=5883379

Coupon-mad

contributor1999 wrote: »

OK, thanks. It was my understanding that I now have less than 30 days to submit a defence

You now have a few days, so show us your defence draft, based on bargepole's concise defence examples in the NEWBIES thread but with your own facts.

Their photos apparently show the vehicle in question enter a 'BRC' bay (whatever that is) and stay for about 5 minutes (from 12.13 to 12.17) - after that time the BRC bay is clear for the remainder of the photo sequence.

There are then photos showing another apparently similar vehicle (it is a very common model/colour) parked in an adjacent 'P&D' bay from 12.18 until 12.40.

Other than the single close-up at 12.11, there are no photos provided of either vehicles licence plates when parked or otherwise, nor photos of either vehicle leaving (amusingly they include the same photo from 12.11 again at the end of the sequence).

WOW.

I really hope this goes to a hearing - if it's in Sussex can I come and help you? Would love to see the Judge's face when the above is pointed out!

contributor1999

Can anyone help with the AOS COP clause on the grace period? Clause 13.2.a states that "Vehicles are not permitted to park under the grace period in spaces designated to specific users for example Blue Badge holders. At all times vehicles must have appropriate and valid permit e.g Blue Badge on displayfor enforcement officer to inspect." This seems to apply to a 'BRC' bay, but how on earth is a driver expected to know what a BRC bay is unless they park, get out and read the signage that explains that you need a permit to park there rather than a pay & display ticket?

Coupon-mad

We don't need to explain it; you've said what we would say. How would you know what BRC Bay even means?

Is this is Sussex? Where?

KeithP

Coupon-mad wrote: »

Is this is Sussex? Where?

Yes I did ask that yesterday, but it looks like contributor1999's mobile telephone doesn't have a big enough screen to see everything.

contributor1999

Sorry! It was in Lewes

contributor1999

And thanks.



Should have a draft defence ready for review later on if anyone can spare a few minutes!