PCN Appeal to IAS? ES Parking Enforcement

Le_Kirk

Kingofspain2k1 wrote: »

UPDATE

County Court claim paperwork received, need to submit my defence.

Two things

1) The claim was sent to my old address - is this grounds enough to ignore completely?
2) How much do I give away in my brief defence? I have video evidence to support the fact there is no signage. Should I mention this or keep it quiet?

All assistance most welcome

Ignore it at your peril, you are likely to receive a CCJ in default. Best to send a DATA RECTIFICATION NOTICE to the DPO of the PPC advising them of your correct address for service and requiring them to ERASE your old one. They should also advise all their agents. Might be worth advising CCBC of your correct address also.

You need to put up a stout defence and not worry about "giving anything away" as they are going to receive your defence anyway. Keep your video evidence for the witness statement and evidence stage a bit down the line.

Kingofspain2k1

Thanks Le_Kirk

I notice that its Gladstones representing ESPE in this claim. I also did not get any letter before claim.

As the box for the defence is quite small, do I keep it simple? My only solid defence is that there was no signage at any point between entering said road and stopping the vehicle (which I have proof of with a drive-by video).

Are there any examples of claim form defences on this forum? I've looked but not found any so far.

KeithP

Write nothing on the Claim Form - absolutely nothing.

If you answer my earlier question, all will be revealed.

There are seventeen example Defences linked from post #2 of the NEWBIES thread. Read them all.

Coupon-mad

As the box for the defence is quite small, do I keep it simple?

You are either joking or have not read the NEWBIES thread about how to defend. No Defendant fills in any 'box' (online or on paper) on this forum!

Spend time reading the NEWBIES thread second post, please, look at the example defences and bargepole's thread about COURT PROCEDURES (read that in detail). And then look through the forum and read ANY Gladstones defence thread like yours then come back here more informed, and show us a decent defence draft here first.

And please just answer KeithP's question...

Kingofspain2k1

Sorry Keith completely missed that as I thought your post was blank!

The issue date is 6 December.

Kingofspain2k1

Coupon-mad wrote: »

You are either joking or have not read the NEWBIES thread about how to defend. No Defendant fills in any 'box' (online or on paper) on this forum!

Spend time reading the NEWBIES thread second post, please, look at the example defences and bargepole's thread about COURT PROCEDURES (read that in detail). And then look through the forum and read ANY Gladstones defence thread like yours then come back here more informed, and show us a decent defence draft here first.

And please just answer KeithP's question...

Apologies, I can't tell whether this paperwork is an LBC or a claim itself. The thread you refer to says that if it mentions 30 days and includes a response pack it is an LBC. Well this does have a response pack but no mention of 30 days. 14 days appears a lot though. The amount being claimed is now up to £411.87.

So assuming this is an LBC I need to

• Send an SAR to ESPE
• Notify Gladstones about the SAR and ask them to halt data processing
• Tell both to only use my current address
• (Potentially) write a complaint to to the landowners (although as they are not commercial retail therefore I'm not a customer of theirs).

I'll go through the defences again and come back with a draft

Redx

If the form came from the government run CCBC in Northampton , then it's a court claim , not an LBC

So yes to a SAR to the DPO at the PPC including a copy of the claim form as proof of I D under the GDPR law , plus a data rectification notice if they have the wrong address , tell the solicitors too

Don't bother asking the solicitors to put it on hold , they won't and the clock is ticking

Concentrate on doing what you are told by the regulars here

Do not ignore

Redx

Kingofspain2k1 wrote: »

As the box for the defence is quite small, do I keep it simple? My only solid defence is that there was no signage at any point between entering said road and stopping the vehicle (which I have proof of with a drive-by video).

Are there any examples of claim form defences on this forum? I've looked but not found any so far.

That's a witness statement backed up by evidence , not a defence

Your defence is based on legal arguments , poor or inadequate signage is one of them , as is no landowner authority , POFA , the CRA , possibly other court cases and case law too , abuse of process should also feature , plus address their POC too

Read through those 17 defences in the Newbies FAQ sticky thread and start drafting your own defence , post the draft below for critique

KeithP

Kingofspain2k1 wrote: »

Apologies, I can't tell whether this paperwork is an LBC or a claim itself.

Really??

If the biggest letters across the top of the form read Claim Form, then there is a good chance that it is a... Claim Form.

nosferatu1001

OP - confirm EXACTLY what you have got. It is not rocket science her e- if it states CLAIM FORM then it is a CLAIM FORM from the CCBC and you MUST deal with it promptly.