F1rst Parking - County court legal action letter of claim

Redx

if its not a legit claim , then its a sc@m , so much so that the MP,s have brought a new law in to combat it (but no new rules as yet)

this is why you complain to your MP, becuase it is the MP,s that have the power to change it for the future (this may not help you at the moment , but you never know and if you dont ask, you dont get, so complain anyway - regardless) - it wont change until we make the MP,s change the system - gettit ?

and ALWAYS do the SAR , regardless (if it hasnt been done already) - makes the PPC do some work and gives YOU all the data they have on YOU, instead of waiting until 2 weeks before a court hearing

the more ammo you have now, the better, plus if you dont ask , you dont get , so seeing as it is 2 emails with proof atatched of who you are then there is nothing to lose by doing both

the PPC will want proof of who you are , like a scan of the V5C info

and the MP will want proof that you are one of their constituents, like a scan of a utility bill with name and address on it , like a council tax bill

privatepcnguy

Redx wrote: »

if its not a legit claim , then its a sc@m , so much so that the MP,s have brought a new law in to combat it (but no new rules as yet)

this is why you complain to your MP, becuase it is the MP,s that have the power to change it for the future (this may not help you at the moment , but you never know and if you dont ask, you dont get, so complain anyway - regardless) - it wont change until we make the MP,s change the system - gettit ?

and ALWAYS do the SAR , regardless (if it hasnt been done already) - makes the PPC do some work and gives YOU all the data they have on YOU, instead of waiting until 2 weeks before a court hearing

the more ammo you have now, the better, plus if you dont ask , you dont get , so seeing as it is 2 emails with proof atatched of who you are then there is nothing to lose by doing both

the PPC will want proof of who you are , like a scan of the V5C info

and the MP will want proof that you are one of their constituents, like a scan of a utility bill with name and address on it , like a council tax bill

Thanks, I do understand and will contact my MP and request a SAR. I still don't understand the "if its not a legit claim , then its a sc@m" so if you could humor me. How do I know if this is a legit claim or not? or are all of these types of letters (LBAs) scams because they are still just threatening and not an official claim yet?

Redx

they are all treated as sc@ms unless a judge says different , because a lot of them do not follow common sense, rules of law, principles , guidelines , CoP guidelines , correct signage , landowner contracts etc

you will find many examples where no parking contract is formed because of forbidding signage , this means that its trespass and only the landowner can sue for trespass. no parking contract was entered into because none was offered at the time of the parking event

then there are parking notices issued at ports , airports and railway stations , where bylaws actually apply , sometimes they issue them for items that are not even listed in the bylaws , like not displaying a ticket when in actual fact a parking app was used instead , etc

they use any excuse to issue an invoice and hope nobody exposes their deceit

yes there will be the odd one that passes all criteria and is upheld by a judge, but putting the fox in charge of a henhouse because they say they are experienced and done it before doesnt make them saints

the new rules may help clear this corrupt system , to put it on a par with council ones, but I have been coming here 6 years and rarely see a legit pcn invoice , any I have personally dealt with have been sc@ms by dubious companies , like not implementing landowner rules listed on contracts, out of date contracts , contracts not signed and witnessed corrctly , poor signage , no planning permission , not implementing grace periods etc , you could write war and peace on this topic, but its safe to assume its a sc@m unless a judge says it isnt

Pete Wishart summed it all up , so read his words, and the other MP,s who spoke in parliament , dont ask us , watch the videos of the house of commons and the committee rooms etc , read Hansard

if you are really interested, so the research , like we have , read the BEAVIS case etc as well, and the UHW case in Cardiff and the Jopson case, dont expect to be spoon fed, do what we have done , read , watch and learn

Coupon-mad

All PPCs operate an 'outrageous scam' (Hansard 2.2.18). Isn't it obvious this is a scam?

Why do people think for one single minute that the industry or their penalties are 'legit'?

privatepcnguy

Keeper has written a SAR to be emailed to F1rst Parking, if someone could give it a read for any feedback it'll be much appreciated.

Coupon-mad

Looks fine - send by email to the DPO email they almost certainly give in their PRIVACY page, and attach a V5C as proof you are the keeper and the correct data subject.

privatepcnguy

Hi all, this is the reply that the keeper has received from the PPC, Keeper assumes that he does not have to provide this information (maybe the VRN) as they should be able to look up through the keepers details?

Coupon-mad

I am amazed you sent a SAR to a PPC with no VRN or PCN number?!

That seems very innocuous so supply both but remind them that you do not accept the data restricted only to that PCN, if they hold data for any other reason relating to that VRN (e.g. you require them to show all and any data held at all about this car, such as a previous PCN).

privatepcnguy

Keeper has received the SAR by recorded post, they have sent the keeper everything, which is ALOT to go through, the 30 days since keeper has received the LBC has now passed so now is a waiting game. Keeper did not contact the PPC asking them to put the case on hold because the PPC sent the SAR reply very quickly. Keeper also did not reply to the PPC, only to request the SAR.

Should keeper start trying to draw up some kind of defense from everything received? or wait until they send the official action letter?

Also regarding the defense, can it be different according to the different tickets?

Thank you in advance

Coupon-mad

Also regarding the defense, can it be different according to the different tickets?

Yes but surely the rk is the Defendant (similar basic defence for all) and so you need to go through the SAR evidence and put the pics in piles per PCN, and check:

- have they evidenced the dashboard clearly each time?

- have they evidenced that a PCN was put on the windscreen each time?

- have they got photos of the sign & car in the same image, every time?

- have they observed the car for a significant period or just 1 - 2 minutes?

- are all the NTKs compliant with para 8 (windscreen PCN first) or para 9 (no PCN first) of the POFA? That Act is linked in the first post of the NEWBIES thread (or is easy to Google) and Schedule 4 is very easy to read, don't tell us it's hard to understand please!

If you sit and wait now you are wasting your best chance to find the evidence holes.