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residential parking - Recieved PCN for not displaying my Permit

edited 30 November -1 at 12:00AM in Parking Tickets, Fines & Parking
94 replies 3.5K views
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  • Scrumpy11Scrumpy11 Forumite
    62 posts
    10 Posts First Anniversary
    I dont have Home Insurance.. I am a member of unite Union which stated we have free legal cover. However, they have proven to be not very helpful and offer a limited service.

    I wonder if I were to take out Home insurance with legal cover, can I take advantage of the legal assistance straight away? Worth a try.

    Thank you
  • Scrumpy11Scrumpy11 Forumite
    62 posts
    10 Posts First Anniversary
    Hi all

    I really could do with some advice.

    Defendant 1 - Landlord and Land Owner
    Defendant 2 - Parking Operator

    To jog your memory:
    My landlord has already admitted being joint controller, there fore is equally as responsible as the parking operator for my data.

    I had issued a joint claim against both defendants for Breach of the GDPR18 regulations. The parking operator had no reasonable cause to access my personal data from the DVLA, then process and share my personal data with two separate legal interties, one of which an unlicensed debt collector.  The parking operator failed to enter me into a valid contract with their company as set in artical 6.1 of the GDPR18.

    I have proved that there is no valid contract for the parking operator to manage the land where I was parked, their contract gives the wrong site address, it was for this reason the PCN was cancelled by the IPC, (after 33 complaints and a request for disclosure.) Please note, the site address does not give explicit rights for the parking operator to manage Albert Rd. Parking operartor blaiming landlord as they should have spotted the error before signig the contract

    The parking operator pursued me on two occasions ( sept 2018 and Jan 2019),for not displaying a permit. Close inspection of the permit I was issued in 2017, shows that the permit was for the parking operators previous company which was liquidated in 2015.  Parking operator blaiming landlord as they should have issued new permits, parking operator does not hold tennant information.

    The parking operators signs and company did not conform to regulations. The parking operator has now stated that they asked their friend to hold their mail at the depot for over 18 months, in a vain attempt to justify operating their company from their previous address, the same address their company was registered to of which they had no permission to use post January 2018. They eventually updated their companies details with companies House on the 25 July 2019, I believe due to my complaints to the IPC and the DVLA.

    .

    Dilemma:

    The land owner has made an offer, with a gagging order attached. I will get half of what I claimed and no other tenant will be compensated for the fraudulent activities of the parking operator when my landlord let continue to happen for over 12 months.

    Should I refuse the offer, would I be right I assuming that only one of the defendants will have the judgment made against them, leaving the other defendant to issue costs against me?

    Should the judgment be made against the parking operator, well it is a LTD company with no assets within their name, I would never receive a penny from them. This would leave me open to £1000's of pounds costs from my land lord

    Would my assumption be correct?

    The landlord stated "We believe that we are in strong position to defend the claim set out in our Defence and witness statement, particularly as the parking charges were rescinded and you have failed to provide any evidence of breaches of the General Data Protection Regulations 2018. Not least you have not informed the Data Commissioner of these alleged breaches. However our client is mindful of the need to attempt to settle and bring this matter to a resolution."

    This cannot be correct as if their was no valid contract to manage the land, then the parking operator had breached article 6.1 of the GDPR18 by failing to enter me into a contract. Furthermore not having my permission to access and share my data.

    Can I request the Court to issue any judgment should it be awarded against my landlord as they contracted their agent of whom they have a contract with.  Also landlord admited being joint controller

    My landlord has shown me utter contempt, not believing me for over 12moths that their agent was operating fraudulently, their signage dod not conform to regulations and they lied on where I was parked.

    I would appreciate any assistance you could offer.

    Kind regards

    Stevieb
  • JohnershJohnersh Forumite
    322 posts
    100 Posts Name Dropper Photogenic
    ✭✭
    It sounds like a tomlin order by consent. In that case, there will be no judgment. Indeed, that's rather the point, as the schedule is confidential. 

    What you likely need to do to extricate yourself is to get both defendants to agree to the same order, with D1 to pay whatever they propose (plus your costs) and in respect of D2 there to be no order for costs. 

    Assuming this is not within the small claims track, if you settle against just 1 of 2 defendants that is often deeply risky. 

    * I have not reviewed any documents on this
    * I have not read through all threads in any detail
    * there is no substitute for formal legal advice


  • D_P_DanceD_P_Dance Forumite
    5K posts
    Part of the Furniture 1,000 Posts Name Dropper
    ✭✭✭✭
    Have a look at this forum and perhaps post on it.

    https://forums.landlordzone.co.uk/forum/residential-letting-questions


    You never know how far you can go until you go too far.
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