Civil Enforcement county court letter

Redx

The DPO email should be on their privacy page , check it so you know how to do it

The AOS gives the breathing space

Le_Kirk

Redx wrote: »

The DPO email should be on their privacy page , check it so you know how to do it.

Extract from the CE privacy page: -

If we hold any information about you which is incorrect or if there are any changes to your details please let us know so that we can keep our records accurate and up to date. If you would like to update your records or see a copy of the information that we hold about you, you can contact us at Data Protection Officer, Civil Enforcement Ltd, Horton House, Exchange Flags, Liverpool, L2 3PF or by email at dataprotectionofficer@ce-service.co.uk If you request a copy of your information you will not need to pay any fee.

CH5698

Le'Kirk, that was timely, i was just about to send the email to CE. I'll send it to dataprotectionofficer@ce-service.co.uk. This is my email and i'm attaching a copy of the claim form received too:

Dear Sir or Madam

Please supply the data about me that I am entitled to under data protection law relating to myself and the parking charge notice.

• All photos taken
• All letters/emails sent and received, including any appeal correspondence earlier
• The machine record from that day of payments made
• Full copy of the PCN you consider outstanding

If you need any more data from me to confirm my identity please let me know as soon as possible. Attached is a copy of the claim form received from yourselves dated 30th August 2019. 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 ico.org.uk or it can be contacted on 0303 123 1113.

Finally, I would appreciate if you could confirm receipt of my request as soon as possible. If you need further clarification regarding the contents of this letter, I am happy to discuss it further by contacting me on telephone number or insert email address.

Yours faithfully

Le_Kirk

You won't be able to have ALL photos taken (unless they contain your car) and same with the PDT data unless it refers to your VRM, although I have seen posters asking for "near-miss" VRMs.

CH5698

thank you, i've just sent the email, hopefully i'll get an acknowledgement they have received it tomorrow. If nothing, i may follow up with a hard copy letter to be on the safe side.

Le_Kirk

They have 30 days to respond.

CH5698

ahh okay, well i'll leave that to process and get on with the defence this week. I have to say, it's good to feel people are on your side in helping here. It's been an upward battle not to give in and just pay but the principle of the matter stays strong when you know you've actually paid;-).

Redx

it does clearly state within one calendar month in your SAR , did you read it ?

CH5698

Hi Redx, i didnt see the note on the SAR about the parking company having a month to reply re GDPR information - if that is what you're referring to? My apologies if i missed that, i was fixated on the SAR date about how long i had to submit my defence.

CH5698

Here is my first draft for the defence letter. I'd appreciate your feedback when you get a moment. Thank you.

IN THE COUNTY COURT

CLAIM No: XXXXXXXXXX

BETWEEN:

Civil Enforcement LTD (Claimant)

-and-

XXXXXXXX (Defendant)

________________________________________
DEFENCE STATEMENT
________________________________________

1. I am the Defendant, xxxxx, date of birth xxxxxxxx and reside at xxxxxxxxxxxx and it is admitted that I was the driver of the vehicle on the day of this event.

2. The Particulars of Claim (PoC) do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how any terms were breached. Indeed the PoC are not clear and concise as is required by CPR 16.4 1(a) and CPR 1.4. It just vaguely states “breach of T&C parking charges” which does not give any indication of on what basis the claim is brought, for example whether this charge is founded upon an allegation of trespass or 'breach of contract'.

3. The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no diligence, no scrutiny of details nor even checking for a true cause of action. HMCS have identified over 1000 similar sparse claims. I believe the term for such conduct is ‘roboclaims’ which is against the public interest, unfair on unrepresented consumers and parking companies using the small claims track as a form of aggressive, automated debt collection is not something the courts should be seen to support.

In further support of there being a want of cause of action:

4. The PCN was issued on a new, poorly signed parking meter. I have used the said car park numerous times in the past which previously had a pay and display meter. Having tried to insert the £1 coin for 1hour parking, the coin slot was covered and I was unable to add any money to the machine. Eventually, two gentlemen also using the car park looked into the situation with me and we determined I needed to add my car registration number which I duly did. This opened the coin slot and I inserted the £1 coin. I was expecting to receive a paper ticket but was advised that this is not necessarily the case. The gentlemen proceeded in the same manner and we assumed all was okay.

5. The claimant sent photos showing my car parked in said carpark using ANPR cameras and would therefore have seen me at the meter conversing with the gentlemen and adding payment to the machine. I haven’t been provided with photos showing this. My car was parked from 14:01 to 14:57 within the time limits for the payment as also confirmed by the claimant.

6. I have requested the machine records from that day of payments made from the claimant but received a copy for transactions on the 11th November 2017, not the 1st November 2017. Despite my requests for the correctly dated copy, nothing has been forthcoming.

7. It is submitted that (apart from properly incurred court fees) any added solicitors fees are simply numbers made up out of thin air and are an attempt at double recovery by the Claimant, which would not be recoverable in any event.

8.. It is submitted that the Claimant is merely an agent acting ‘on behalf of’ the landowner who would be the only proper claimant. I spoke to the owner directly several times about the charge. She subsequently tried to stop the process but the claimant refused to do so as the process ‘was too far down the line’. Proof is required from the landowner to this claimant, to allow them the right to form contracts and to sue in their name?

9. It is submitted that the conduct of the Claimant in pursuing this claim is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter.

The facts and information in this defence are true and the Defendant is not liable for the sum claimed, nor any sum at all.

Name……………..
1st September 2019