BW Legal - Notice of County Court Claim issued for £265.70

The_Slithy_Tove

SWB wrote: »

I am going to contest on all five points:
Signage at the time was in-adequate
Planning permission was not in place for the signs or the cameras
There was no contract between the Supermarket/landowner and Premier Park
Premier Park failed to prove that the ANPR and ticket machine were working correctly
Abuse of process, an extra charge of £60 has been added

lack of planning permission isn't really a legal point, and won't be a killer of itself.
What about the obvious one of no keeper liability due to failure to conform to POFA? Chances are they haven't conformed (we haven't seen the KTK), but it's a very strong card to play.

SWB

SL, Thank you so much but the problem is some idiot saved them for 5 years and then threw them out earlier this year after two years of not hearing anything from anyone. Then the LBC arrived and I dont have anything to work with now! (The idiot is me...... )

Redx

You will only receive your own data, so they won't supply Landowner authority or contracts etc

Your SAR does not entitle you to some items on your list, so do not be disappointed when they only send you the docs , pictures and data about you

Ensure that your AOS has been done online asap, plus the SAR sent, then start drafting your defence and post it below for critique

The_Deep

£265 is far more than the Law allows for this sort of claim, and a judge may well decide that this is abuse of process.

Please complain to the Solicitors Regulation Authority (SRA)

https://www.sra.org.uk/solicitors/handbook/code/content.page

that their member is unlawfully inflating claims with spurious sums. And that th is has resulted in claims being struck out by judges. The low rent solicitors are aware of this

Also complain to your MP as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

SWB

Thanks both.
Redx, I agree that they will challenge a few of the points but hopefully they will realise that I will see them in court rather than bend over and pay this charge.
Should I ask the solicitors for the Planning Permission and the contract with the landowner? (I know they dont have either).

The supposed offence took place early 2015. The signs are long gone and unless PP took photographs at the time (I am not sure how they can prove the date?), will they be able to use this in court?
It is illegal to display an advert/sign without Planning Permission and I believe a company can not profit from illegal signs?

I believe I can get the court hearing moved to Swindon?
Thanks

Redx

email a SAR to PP to get all your data

they may well have took pictures of the signage at the time , I know I would if I ran a parking company , digital pictures have the date and gps location embedded as EXIF data , plus they may have switched on the date to embed it onto the picture which most cameras can do

the DQ stage is covered in the newbies thread post #2 , read the bargepole posts

you ask for your local county court for civil claims in the DQ

the CCBC is not a court , its a government office

SWB

Thanks Redx
I edited my post while you were kindly responding.
A few more queries...
Should I ask the solicitors for the Planning Permission and the contract with the landowner? (I know they dont have either).

It is illegal to display an advert/sign without Planning Permission and I believe a company can not profit from illegal signs?

Thanks

SWB

Acknowledgement of Service completed and acknowledged.
PP have replied to the email asking for two of the following for proof of identity:
Driving License
Passport
Council tax bill
Utility bill
Any other official document
I am not comfortable sending PP any personal information or data.
If I am only requesting information they have already sent, is there any reason i have to comply?
Thanks for any help/advice.

SWB

They are also requesting the V5 (car was sold years ago)
Written authorization form the current keeper of the car if that is not us....impossible, the car was sold approx 3 years ago?

Redx

do not email back any forms of ID

just a scan of the N1 claim form from Northampton CCBC , to prove that it is you under the GDPR, plus state that the V5C is no longer held by the keeper due to the vehicle being sold years ago and passing on information like that is a breach of the GDPR and they should contact the DVLA direct

anything else is unreasonable and you should complain to the ICO


surely you did not email the SAR without attaching any proof of ID ?