Help needed - ukpc 9 parking charge notices, 7 at debt collection, 2 appealed

Redx

venousdata wrote: »

Quick question though,

I’ve been reading a lot of the defense posts and was wondering if it’s possible to begin writing my witness statement and defense before receiving it? Just to avoid having to rush anything last minute.

Also, what is the correct order of documents I will need to write? I know a witness statement is an expansion of my defense points, but is there anything that needs to be prepared before that stage? Is it too early for me to make a SAR?

there is no S in DEFENCE

yes you can start writing both of the drafts asap if you like , no rushing

the BARGEPOLE post gives you those answers about timelines and submissions

its never too early to write the SAR and email it to the DPO at UKPC

BUT WELL WORTH DOING BEFORE ANY COURT CLAIM ARRIVES IN THE POST

venousdata

Hi All,

So I've written up a SAR and would like some feedback/criticism if any (did I miss anything?).

I intend to write my defence next weekend, and then my Witness statement/evidence gathering the following weekend, giving me plenty of time to make changes if need be before being sent a letter before action.

I don't think I can write my AOS yet as I don't know what evidence they're planning to rely on, unless I can use a generic template on this forum? Let me know. If so, what should I be asking them for proof of? contract, signage map etc.?

Anyway, see below:

Current address for service: [address]
Contact: [mobile no]
Date: 15/06/2019

UK Parking Control
PO Box 1608
High Wycombe
HP12 9FN


Dear Sir or Madam
Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))

Identifying data:

Name: [me]
Vehicle: [my car reg and description]
Current address for service: [address]
Previous addresses: [any previous address that may be relevant]

Please supply the data about me that I am entitled to under data protection law relating to myself. See below:

1. ALL photos taken for any and all outstanding invoices
2. ALL letters/emails sent and received, including any appeal correspondence earlier
3. ALL data held, ALL evidence you will rely on, and a full copy of ALL Parking Charge Notice and Notice to Keeper correspondence
4. A list of ALL Parking Charge Notices you consider are outstanding against vehicle [car reg]

Be reminded that any claim must be for all Parking Charge Notices in one claim, not several separate claims.
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.
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 https://www.ico.org.uk or it can be contacted on 0303 123 1113.

Yours Faithfully
[me]

Coupon-mad

I don't think I can write my AOS yet as I don't know what evidence they're planning to rely on,

Have you even got a claim, I am confused by the recent posts.

venousdata

No, but I am expecting one and wanted to prepare my defence etc. ahead of time

Coupon-mad

Re an AOS there is nothing to 'write' anyway.

The NEWBIES thread shows you what AOS is - an online exercise of tick boxes using the password on the claim form when it arrives.

venousdata

Hi,

Unfortunately my appeal to BPA has been unsuccessful as they have apparently provided evidence of a valid contract to operate in the area and also have adequate signage.

The issues with this are:

1. How can the contract be valid if no residents in my building have signed it or were even aware it existed?

2. One of the signs they sent as evidence is a new sign that was not there at the time of the alleged breaches of contract.


Can I prove that one of the signs were erected after the event?

Is this still worth fighting?

If I lose in court will I have to pay the full £160 per ticket? I’ve read elsewhere that the maximum they can pursue for is the original charge (£100).

I’ve sent off my SAR, so I am waiting on that currently.

Cheers

Quentin

Losing usually means a judgement in the region of £180

venousdata

So for 9 tickets that would be £1620?

Quentin

If they issue 9 separate claims then your maths looks correct

Coupon-mad

venousdata wrote: »

So for 9 tickets that would be £1620?

No because they can only charge one court fee and hearing fee, so it would be £900 (if they were £100 fake PCNs) plus a court & hearing fee plus maybe a few quid interest.

I'd say a rare lost case if all 9 PCNs were awarded (and the Judge can strike some or ALL of them out, and usually does in our cases) would be about £1050.

Highly unlikely but that's what I would expect, if all 9 were astonishingly lost.

:eek:

The PCNs are NOT £160 each.

Fight on, this is NOT worth paying £900 now for, given we WIN 99% of cases. Even if you only persuaded a Judge to disallow 2 or 3 of them, bad case scenario, you'd pay LESS than you'd pay now and have no repercussions and no CCJ as long as the judgment was paid in full within 30 days.

No-one in their right mind would pay this now. We win 99% of these. Hope that's clear?