KBT Cornwall Ltd t/a Armtrac Security

Mr..Orange

Like Joe Blocks, i'm in a similar situation, my PCN (issued on 22 Sep 18) also originated from KBT/Armtrac Cornwall, I have ignored all correspondance and now i have also received a Claim Letter from CCBC Northamptom dated 3 May 19. The PCN was issued for 'Not parked wholly in bay', the parking bay lines were poor (faded and too many) and I took photos at the time too. I've read loads of threads on here, which i've found really helpful, but i'm pretty new to the world of MSE and it's forums. I've completed the AOS on MCOL today, and i've drafted a SAR and letter of Defence. I'd be extremely gratful if someone could reveiw both doccuments and point me in the right direction.


This is my draft SAR letter-


[FONT=&quot]Dear Sir or Madam[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )[/FONT]


[FONT=&quot]With reference to the Parking Charge Notice XXXXX on XX XXX 2018 at XXXXX Car Park, VRN: XXXXX. I wish to have access to the following documentation:[/FONT]
[FONT=&quot]
[/FONT]
· [FONT=&quot]All photos taken.[/FONT]
· [FONT=&quot]All letters/emails sent and received.[/FONT]
· [FONT=&quot]The PDT machine record from that day of payments made.[/FONT]
· [FONT=&quot]All data held and a full copy of the PCN and NTK.

[/FONT]
[FONT=&quot]Please supply the requested data about me that I am entitled to under data protection law relating to myself.[/FONT]


[FONT=&quot]If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Yours faithfully[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]My draft Defence letter is here too:[/FONT]
[FONT=&quot]
[/FONT]


[FONT=&quot] [FONT=&quot]In The County Court [/FONT]

[FONT=&quot]Claim No: XXXXXXX[/FONT]

[FONT=&quot]Between[/FONT]

[FONT=&quot]XXXXXX (Claimant)

-and-

XXXXXXX (Defendant)

____________
DEFENCE
____________[/FONT]

[FONT=&quot]
1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The PCN stated reason for issue is “Not Parked Wholly in bay’ which forms the basis of the current claim. The car park consisted of a poorly marked parking bays, where the bay lines were of poor quality and there were several bay boundary lines causing significant confusion. Given this lack of clarity and defined parking bays within this car park, no contract can be construed from the Claimant's signage, under the contra proferentem principle.

3. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4. The Claimant is put to strict proof that it has sufficient interest in the land or that there are specific terms in its contract to bring an action on its own behalf. As a third party agent, the Claimant may not pursue any charge, unless specifically authorised by the principal. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

5. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 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 £100.

6. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name
Signature
Date[/FONT]
[/FONT]

Umkomaas

You won’t get help here by jumping in and taking over someone else’s thread, effectively pushing them to the back of the queue. Please open a thread of your own where we can help you about your specific case.

Joe_Blocks

Is that the correct that letter i have posted that i should fill out for my SAR??

Coupon-mad

I have no idea, but as long as it's the Legal Beagles example no-one is going to start checking. The link is in the NEWBIES thread to stop us having to do this as we have no time (sorry).

Joe_Blocks

Yes it is from the Legal Beagles link...

legalbeagles.info/library/guides and letters/court/subject-access-request/

on the NEWBIES thread. So its the correct one right?



Sorry if I'm asking to much but i just want to be sure I'm doing the right things.


Oh and do i send this to KBT/Armtrac Cornwall or BW Legal?

Joe_Blocks

???? anybody

Fruitcake

Joe_Blocks wrote: »

Yes it is from the Legal Beagles link...

legalbeagles.info/library/guides and letters/court/subject-access-request/

on the NEWBIES thread. So its the correct one right?



Sorry if I'm asking to much but i just want to be sure I'm doing the right things.


Oh and do i send this to KBT/Armtrac Cornwall or BW Legal?

Send it to both. It won't hurt.

Joe_Blocks

Do i sign the SAR Or just Print my name?

KeithP

Joe_Blocks wrote: »

Do i sign the SAR Or just Print my name?

Any squiggle will do. No signature needs to be readable.

But send by email if possible.

Joe_Blocks

Thanks Keith for a quick reply...


Is it ok to print name and just send?


Much easier then printing out signing then scanning it back in to just email it don't you think or
is that then admitting that Im the driver of the vehicle?