What to do...

KeithP

Lolapops wrote: »

So claimant has notified to continue. Not heard from court yet but they sent me a copy of the questionnaire they sent to court about willing to mediate so apparently I will receive one soon too. Is there somewhere on forum that advises on how to fill this out
Thanks

Yes, in your very own thread.

Please re-read item 8 in the list in post #15 above.

Lolapops

Hi all

I have my hearing in 2 weeks and the parking company never supplied me with the data access request I made. They sent me forms to fill in, then said that they weren’t filled in but they were. I’ve emailed a few times since over the last 1-2 months and no reply. Is this normal ? I will be drafting my witness statement now

waamo

If you've made a legitimate SAR and they haven't complied then report them to the ICO.

Lolapops

Hi all, I’d be grateful for some feed back on my statement. Thanks in advance


WITNESS STATEMENT


1. I xxxxx of xxxxxx will say as follows:

2. I am the Defendant in this matter. Attached to this statement is an appendix of photos and documents related to this statement. I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

3. Before I describe what happened on the day I parked in a bay on xxxxxxxxx I confirm that the essence of my defence to this claim is that: a. I did not breach the terms and conditions of parking.
b. The Claimant's signage did not make it clear that you could not park there. c. Even if I did breach the terms, the Claimant is obliged by the compulsory Code of Practice of its own Accredited Trade Association to apply separate grace periods of at least 10 minutes at the start and end of each period of parking to allow for potential delays in finding a space, exiting the car park and to allow time for drivers to find and read the terms and conditions offered.
d. I did not receive the original parking fine or notice to keeper due to moving house and not updating address with DVLA. Therefore lost my chance to pay lesser amount or to appeal the charge. e. The Claimant breached The General Data Protection Regulation by sending the County Court Claim to the Defendants old address 8 months after they had been notified of the current address and asked to delete the old one.

4. On xxx The defendant went to a local shop which is opposite xxxxx. The defendant was unaware that the parking was not suitable for shop users. After parking and entering shop, The defendant used the lavatory and bought a coffee so couldn’t have stayed much longer than 10minutes.

5. There are no parking restriction signs on entering the road or any visible indication that ANPR is in use. (Please see photos in appendix 1) There is no sign on xxx and only one sign on xxxx. Please see photos on appendix 2) Other cars were parked there restricting the view. There is a simple ‘No parking private property’ sign which would be more efficient if it stated in the same larger letters ‘at any time’ especially as this was on a Sunday and no other businesses were open. Underneath are the terms and conditions in a very small print which The defendant did not see from the angle exited car. On return to take a photo of these ‘terms and conditions’ it is undeniable how faded out small and illegible the print is (please see appendix 3).

6. On appendix 4 please see google earth photographs of the whole area xxxx and the shop opposite which I entered. I've marked on them with a red cross where my car was parked and in green dashes I have marked the route I took to and from the shop.

7. Paragraph 13 of the CoP clearly states that a grace period is to be applied to parking. The CoP makes clear that such grace periods are to be applied both at the start of any parking period and also at the end of any parking period. The whole point of these grace periods is to allow drivers time to find a parking space, to read the signage, and to exit the car park once they have finished parking. Grace periods are not defined, but the CoP requires them to be "a minimum of 10 minutes" either side of the actual parking (paragraphs 13.2 and 13.4).

8. There is no way for the defendant to know exactly how long they stayed, as despite filing a Subject Access Request to Claimants Data Protection Officer, they are yet to send any information. Initial request made on xxxx, then another on xxxx. The defendant filled out and returned forms sent and then made contact with several more emails and still did not receive anything back from them. Please see appendix 5.

9. The defendant did not have any knowledge of this Parking charge from xxxxx until xxxx. It was not a windscreen ticket but a parking charge sent in the post. The defendant moved address in xxxxxx and had not yet changed details with the DVLA. Due to the stress of being a first time home buyer and a new mum the defendant had not got around to it.

10. Once the defendant intercepted the letter sent to their old address they immediately updated their driving license and sent off their V5 to change home address on the xxxxx. Please see appendix 6.

10. The defendant also contacted the Claimant to update address and to inform any debt collectors to update address on xxxx to which they replied on xxxx. Please see appendix 7.

11. The defendant then received a letter at their current address on xxxx not from the claimant but from a debt collector with an extortionate increase in price. The defendant was shocked as they thought maybe they would have sent the original parking charge so that they could make an appeal or choose to pay the reduced fee. Please see appendix 8.

12. Nothing else was received at current address until xxxxx and then xxxxxx asking to fill in some forms which The defendant had no knowledge or understanding about. Please see appendix 9.

13. An NI County Court Claim form was then sent to the defendants old address on the xxxxx. Please see appendix 10. This was never sent to the defendants current address. Had The defendant not intercepted it then they could/would have possibly had a default CCJ against their name for many years. This is a clear breach of GDPR regarding data misuse and the CPRs regarding service.
GDPR Article 5 (1)(d) states that:
“1. Personal data shall be: (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)”.

15. The Claimants debt collectors also wrote to the defendants old address twice in xxxx. See appendix 10.

16. The Court is invited to dismiss the claim and to award my costs of attendance at the hearing, and all cost incurred to date such as are allowable pursuant to CPR 27.14.

I believe that the facts stated in this Witness Statement are true.


Signature of Defendant:


Name:
Date:

KeithP

When is your Witness Statement due?

I am concerned that on 6th December you told us "I have my hearing in 2 weeks..." and usually the WS and evidence must be filed some weeks before the hearing.

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

You need to file and serve a Costs Schedule very soon too.

Lolapops

The wrong date was written down so I have to hand it in by next week I have time
Thanks

Lolapops

Was a mistake on their behalf
Costs schedule I haven’t done though 🤦🏻!♂️

Coupon-mad

Search the forum for:

costs schedule

and

supplementary witness statement

and if this is UKCPM (your thread hardly says anything that I can see about the PPC?)

Jack Chapman signature

And I am not seeing anything about the claim being misserved, as Brown Trout observed.

Lolapops

I will search those things thanks

I read post by brown trout and underneath I saw this post:
Well, yes, there are many such cases, although care should be taken because the civil procedure rules have developed over time.

The recent UKSC judgment in Barton v Wright Hassall is also worth reading.

It is often advisable to provide a correct service address. Esp. Since many forumites appear not to update the DVLA when they move!

Even if a claim form is incorrectly served and thus invalid, there will often be nothing to stop a PPC issuing fresh proceedings in relation to the same parking event, so long as primary limitation (6 yrs) has not expired

So I thought just go with .
I have spoken about it being misserved paragraph 13 but didn’t use the mis served words so I will add that.

Yes I blocked out the PPC but it is them that you mentioned

Lolapops

Hi help please I can’t find any actually cost schedule examples ..

Is this better to add about Miss served ?
*e) The Claimant breached The General Data Protection Regulation by sending the County Court Claim to the Defendants old address 8 months after they had been notified of the current address and asked to delete the old one. Which deems this to be a mis served claimed.

* 13. An NI County Court Claim form was then mis served and sent to the defendants old address on the xxxxx. Please see appendix 10. This was never sent to the defendants current address. Had The defendant not intercepted it then they could/would have possibly had a default CCJ against their name for many years. This is a clear breach of GDPR regarding data misuse and the CPRs regarding service.
GDPR Article 5 (1)(d) states that:
“1. Personal data shall be: (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)”.

Struggling to find supplementary witness and jack chapman info and how it relates to me

Thanks
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