Eurocarparks CST law LBA SAR no response

BrownTrout

no they had no need to send you those logs under a SAR
just wait and see what happens. If you get a claim then come back!

judrop500

This is a letter before claim. Surely I need to respond in some capacity before it goes to court? Or are they unlikely to take it forward given the evidence?

BrownTrout

Some people will say reply, some will say dont, i personally would just await a court claim, you are under no obligation to reply and for this kind of claim it will make no difference.

Fruitcake

Follow the guide to court written by bargepole you will find in post 2 of the NEWBIES.
It is a step by step guide from LBC to the court appearance and tells you what to do and when at each stage.

Le_Kirk

The advice used to be to sent a long rebuttal letter but recently the advice has changed to just send a short letter stating you will be defending the claim rigorously (or no letter at all) but DO (unless already done) submit a SAR.

judrop500

This is what I have drafted. Any thoughts?

I refer to the Letter Before County Court Claim served on behalf of your company on [17 September 2019], and to subsequent correspondence.

I and am now writing to provide my formal Response as follows:

1. The defendant disputes the claimant's claim in full.

2. Five of the notices to keeper (dated 28/08/17, 29/09/17, 20/10/17, 01/12/17 and 05/03/18) refer to the Protection of Freedoms Act 2012. This act states that:
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
As these notices were raised using ANPR and did not involve handing the notice to the keeper, sub paragraph (5) applies, and as these five notices to keeper are dated between 23 and 38 days after the specified period of parking ended, no keeper liability is possible on these occasions.

3. Furthermore, the SAR request did not provide ANPR evidence of entry and exit of the car park on 05/03/18 and no evidence of a notice being issued to keeper at the time of the specified period of parking.

4. Additionally, the SAR request did not provide any evidence of a penalty charge notice being issued on 14/03/18 and 25/04/18.

5. Finally the SAR requested payment information from the on-site machines and associated phone apps, on the dates of the specified parking periods, and this has not been provided. If this information is not available to the claimant and to the court, it is not possible to demonstrate the original parking fee has not been paid by either the keeper or the driver.
I take this opportunity to remind you that your company must comply with ALL steps in the Practice Direction before starting court proceedings. I also refer you to Para 4 of the Practice Direction on non-compliance and sanctions.

Yours sincerely,

judrop500

Coupon-mad wrote: »

Well they are not entitled to more than 6 x the PCN, at best. Why not defend this one and not cave in this time?

CST are new to this, so might make a pig's ear of the evidence, that they will need to supply to the court for each & every PCN. And if this is Manchester court as your nearest, you have some canny Judges there, e.g. DJ Iyer who found in favour of Mr Lengyel who was fly parking...

Read PACE v Lengyel, from the Parking Prankster case law pages. Clever Judge!

I say you should never have paid off SIP so don't make that mistake again here.

Any thoughts now I have the SAR back?

judrop500

judrop500 wrote: »

This is what I have drafted. Any thoughts?

I refer to the Letter Before County Court Claim served on behalf of your company on [17 September 2019], and to subsequent correspondence.

I and am now writing to provide my formal Response as follows:

1. The defendant disputes the claimant's claim in full.

2. Five of the notices to keeper (dated 28/08/17, 29/09/17, 20/10/17, 01/12/17 and 05/03/18) refer to the Protection of Freedoms Act 2012. This act states that:
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
As these notices were raised using ANPR and did not involve handing the notice to the keeper, sub paragraph (5) applies, and as these five notices to keeper are dated between 23 and 38 days after the specified period of parking ended, no keeper liability is possible on these occasions.

3. Furthermore, the SAR request did not provide ANPR evidence of entry and exit of the car park on 05/03/18 and no evidence of a notice being issued to keeper at the time of the specified period of parking.

4. Additionally, the SAR request did not provide any evidence of a penalty charge notice being issued on 14/03/18 and 25/04/18.

5. Finally the SAR requested payment information from the on-site machines and associated phone apps, on the dates of the specified parking periods, and this has not been provided. If this information is not available to the claimant and to the court, it is not possible to demonstrate the original parking fee has not been paid by either the keeper or the driver.
I take this opportunity to remind you that your company must comply with ALL steps in the Practice Direction before starting court proceedings. I also refer you to Para 4 of the Practice Direction on non-compliance and sanctions.

Yours sincerely,

Or I could just leave it at point one, and end there?

BrownTrout

What you are sending will not change anything.....

judrop500

BrownTrout wrote: »

What you are sending will not change anything.....

Not sure how this helps me :-|