Claim Form Received

inydaisy

So this is the totally unhelpful reply I got from Britannia's DPO.........

Thank you for your email.

Please be aware that the Parking Charge Notice in question has escalated through our internal procedure and has been referred over to BW Legal, therefore you will need to correspond with BW Legal directly moving forward in order to obtain any further information relating to your Parking Charge Notice.
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Please be advised that we have provided you with your Subject Access Request which has all the information relating to yourself and your vehicle, therefore as the alternative registration you have provided does not correspond to the vehicle that the Parking Charge Notice has been issued to, we are unable to supply you with any further information about any alternative vehicles due to the GDPR regulations.
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Please be aware that any further correspondence relating to additional evidence may be read but not responded to, therefore please liaise with BW Legal directly.

Coupon-mad

That's not just unhelpful, I'd say it's illegal under the GDPR.

Your other VRN was your personal data. You are entitled to see your personal data.

I would reply and give them one more chance and point out their refusal to disclose the data relating to your other car is illegal under the GDPR. They cannot pick and choose which data they release to you. They have a record with that VRN on it and you want to see that record, as is your right.

Give them seven days.

Then report Britannia to the ICO online (concerns about a trader/your data) for failing to provide under a SAR, the data that you know they hold about your old car VRN xxxx xxx on a day when you entered that data into one of their machines.

Don't go into any detail about the stuff they provided about the new VRN or the PCN or any background. Your complaint is a really short and simple matter, as above.

inydaisy

So, I have just logged into MCOL to check the my defence has been received, it has.

I earlier came across the photos that Britannia provided to POPLA during the appeals process (they had been saved in my downloads). The amount of my PCN was £85, however, the photo of the signage in August '18 that they provided state "a PCN of £100 may be issued". Can/how can the difference in amount be used as evidence in my signage/ no contract argument as set out in my defence?

Thanks in advance, as always your advice is very much appreciated.

Coupon-mad

The amount of my PCN was £85, however, the photo of the signage in August '18 that they provided state "a PCN of £100 may be issued". Can/how can the difference in amount be used as evidence in my signage/ no contract argument as set out in my defence?

Perfect. Like this case, then:

http://forums.pepipoo.com/index.php?showtopic=81150&st=80&p=916329&#entry916%20%20329

17/1/2014 - 3JD02719 - ParkingEye v Davison, Peterborough court.

The case was won because ParkingEye filed two different signs as evidence showing two different charge levels - £90 and £100. This is a regular occurrence; The Prankster knows of 8 other cases where ParkingEye's blundering legal team have filed wrong signage information. In fact, The Prankster considers that close scrutiny of most ParkingEye cases would reveal either their map or their signage information would be inaccurate. This is therefore always well worth checking.

The defendant raised that point in his defence prior to the hearing. ParkingEye replied, but only to the court and not to the defendant. The judge therefore ruled that this was not admissible, and since the defendant did not know which contract he was there to fight, the claim was dismissed.

inydaisy

Right, I've had a read and just to make sure that I am clear,

I can argue that as the signage states £100 and my PCN is for £85, so they are effectively two different contracts and I do not know which one I am there to defend or should my argument be that the signage on display is incorrect?

I mentioned both "denying a contact was formed" and the "signage T&C's font being too small". Will these points be sufficient to allow me to mention the wrong charge amount as I did not mention it as a stand point in my defence and I am aware that something not mentioned in my defence can not then be relied on in court later.

I'm guessing it isn't worth pointing this out to Britannia/BW Legal now in the hope they will discontinue the case? Or is it best to surprise them with it on the day, in the above case he had brought it to their attention and their error in their response ultimately won the case for him.....

I also noted this helpful hint "The Law is like a chainsaw - In expert hands it is a useful tool, but in untrained hands it can cut your legs off". He has a very valid point - so take heed!

I am really concerned that in minutes of entering the court, I may just chop my legs off with my legal inexperience.

I know the claimant is going to get a copy of my defence, do I get to see any details of what evidence they are planning on using against me?

As always thanks in advance

Coupon-mad

In your witness statement, as one point, you can deny that a contract was formed to agree to pay a penalty of £85 and say that the signage did not stipulate that anywhere. It was inadequate, unclear, ambiguous at best and incapable of binding a driver or supporting this claim for this sum or for any sum at all.

I'm guessing it isn't worth pointing this out to Britannia/BW Legal now in the hope they will discontinue the case?

Not yet - as they never discontinue this soon - but when you reveal it in your WS (as you must) you might well find they then do!

do I get to see any details of what evidence they are planning on using against me?

Yes - you need to re-read bargepole's Court Procedures thread linked in the NEWBIES thread under 'IMPORTANT - KNOW WHAT HAPPENS WHEN' as you and the Claimant will be given a deadline and directions to exchange WS and evidence. Before the hearing.

It will be interesting to see what photos they field in evidence!

inydaisy

So, I submitted my defence on June 4th and have confirmed that it was receive by the court. I have heard nothing since, called the court, they advised me that the claimant has 33 days to respond (I thought it was 28). Anyway, they advised me that nothing had been received from the claimant yet and I would be advised as soon as they did. Based on my calculation, they have until July 7th to respond.......

Am I kidding myself that they may just forget to respond (tricky to type with my fingers crossed

KeithP

Yes, you are kidding yourself.

Do you know when the CCBC sent your Defence to the Claimant?

Yes the Claimant has 28 days from the date of service to respond.
Date of service is 5 days after date of sending - hence 33 days.

Therefore the Claimant has until at least 8th July to respond to the CCBC.

Do you know about any processing delays in the CCBC?

I suggest you wait patiently for your Directions Questionnaire from the CCBC. It is likely to be the second half of July before you receive it.

didgeridoooo

The probably wont 'forget' but they sure as hell might have slipped your file to the bottom of the "too tricky" pile, which will serve the same purpose. Fingers crossed for you too!

inydaisy

Hi,

They didn't indicate that there were any delays when I spoke to them but then I didn't ask directly. I leave for Spain for two weeks on the 25th July, hopefully I will have enough time to respond upon my return, if it hasn't arrived before then. The last thing I need to do now is miss a deadline........

Thanks as always for your response