Is Claim Form valid? FURTHER UPDATE CLAIM HAS BEEN STRUCK OUT - ALL OVER?

Romeo5793

Looking through all the example defences in the NEWBIE thread etc.

One specific question. The driver made 2 separate visits to an ANPR controlled car park at the beginning and end of the day, before and after working at a nearby office where they parked for most of the day. They were browsing on both occasions doing research for a new purchase. They did not overstay on either occasion (why they did not pay the PCN and ignored it as the shop advertised Free Parking). From the times given it seems they recorded entry of visit one and exit of visit 2. They have an email from the manager at the office nearby confirming they had a parking space reserved.

Has anyone seen any defence examples based on ANPR cameras recording 2 halves of 2 separate visits? I can't see any on the Newbie thread. How specifically should I refer to this? Or should I just focus on the usual general points about how crap CEL are as a parking company?

is there any relevance to the fact that I am the registered keeper but not the driver and have never been to that part of the UK?

Quentin

Presumably they aren't attempting to pursue the driver. So nothing there for you to use

Re. The anpr reading -. Read up on "double dip"

Coupon-mad

The driver made 2 separate visits to an ANPR controlled car park at the beginning and end of the day, before and after working at a nearby office where they parked for most of the day. They were browsing on both occasions doing research for a new purchase. They did not overstay on either occasion (why they did not pay the PCN and ignored it as the shop advertised Free Parking). From the times given it seems they recorded entry of visit one and exit of visit 2. They have an email from the manager at the office nearby confirming they had a parking space reserved.

Has anyone seen any defence examples based on ANPR cameras recording 2 halves of 2 separate visits?

Wooohoo, you have a SOLID case and a counter claim if you wish (I would!).

Search the forum for 'double dip' and read on...

is there any relevance to the fact that I am the registered keeper but not the driver and have never been to that part of the UK?

Yes if the NTK was one of CEL's non-POFA worded ones that doesn't warn the keeper they will be liable.

How long ago was the PCN? Can you show it to us (front & back)?

Romeo5793

The day of the visit, the day the driver parked there twice, was beginning of September 2018

Unfortunately I don't have copies of either the PCN or the NTK as the driver threw them away. so I don't know date of issue of the PCN (I would guess at December 2018).

I am hoping the SAR with result in them sending me copies of both or I am somewhat blind.

Coupon-mad

Yes the SAR will show you the letters but in fact I would also be emailing the Claimants (NOT the DPO email, the usual ce-service one) telling them this is a double visit case, and they clearly didn't check their ANPR records manually for images of the car in between the first in/last out.

I'd be telling them you will be counter claiming for £300 due to data misuse under the DPA and having no reasonable cause to obtain the keeper's data from the DVLA at all.

Give them fair warning and invite them to cancel and discontinue this case within 14 days or you will proceed to defend and counter-claim.

Romeo5793

Could anyone point me to a standard Double Dip Defence for Civil Enforcement please?

That's it really. I need to submit a Defence for a CE PCN at a customer carpark which is entirely controlled by ANPR. You get 1.5 hours to park, no ticket machines. Driver made 2 visits in ones day, SAR confirms they only recorded the in of visit 1 and the out of visit 2 (busy carpark).

I'm struggling to think of much to put in my defence as it is so straightforward. I've read through all the defences on the sticky thread, and a double dip one where there were 2 entrances, but can't find much for such a simple case. Any pointers/tips or suitable defence would be greatly appreciated.

Coupon-mad

Try searching the forum for double dip defence ParkingEye as they are more common.

Adapt the defence to mix it with the standard CEL defence words you see right now on the forum tonight. I've literally just replied on one, a CEL defence just finished, right up near the top of the forum, and you should use that as your base with the double dip facts thrown in.

Easier than you think.

Romeo5793

"You will need evidence that you were somewhere else in the same vehicle.
Anywhere that has CCTV or ANPR and has caught you would be perfect. Free to get using a SAR.
Or a statement form an independent witness
Then fill your boots with compo under Data Protection Act"

From my duplicate thread, now ignored.

Unfortunately the driver was parked at an office location very nearby during the intervening period so no ANPR evidence or CCTV or being parked anywhere else. There is an email from an employee confirming working there that day.

Romeo5793

I've done this already BTW:

"Yes the SAR will show you the letters but in fact I would also be emailing the Claimants (NOT the DPO email, the usual ce-service one) telling them this is a double visit case, and they clearly didn't check their ANPR records manually for images of the car in between the first in/last out.

I'd be telling them you will be counter claiming for £300 due to data misuse under the DPA and having no reasonable cause to obtain the keeper's data from the DVLA at all.

Give them fair warning and invite them to cancel and discontinue this case within 14 days or you will proceed to defend and counter-claim."

Romeo5793

This one right? Court defence for Parking Eye - comments on draft please!