Help court summons kfc parking want to defend fine

Chrisshep21

Hi all

Any help welcome!

I drove into KFC in ferndown dorset on my way to the office back in feb to get a drink....... as the que was taking an age and I needed to get to a meeting I left and went to my site in Poole (requested cctv of me arriving on site and awaiting feedback if available along with card swipe to enter) I subsequently stayed at a hotel in alum chine ((have evidence of payment and requested registration card with number plate from hotel) . On my way back to hertfordshire the following day I pulled into the same KFC and purchased a drink (on bank statement).

I subsequently received car park fine saying I had stayed over night but due to work travel missed the deadline to appeal ...... based on reading threads on this site I ignored further communication from the parking cowboys but have now received a document from court to accept or challenge..... I intend to challenge this but would appreciate any help on the best approach given evidence I can hopefully obtain.... or shall I just pay the £300 to avoid CCJ ?

Please help and happy to answer any questions this is causing me massive anxiety and stress and want to put it to bed hopefully with justice !

Thanks in advance
Regards
C

KeithP

Hello and welcome to the forum.

Sounds like you may have received a County Court Claim Form.

If so, what is the Issue Date on that Claim Form?

Look after that hotel registration card with your VRM on it.
That is very useful - showing that your vehicle was somewhere else overnight.

Redx

this is not a criminal matter so no "summons" was received

I assume you have an N1 claim pack from the CCBC in Northampton ?

if yes , say so, dont use "slang" or incorrect wordings for legal cases

so you have an MCOL ? if yes post the ISSUE DATE from the top right of the form below

email a SAR to the DPO at the PPC involved, using their privacy page for the address, attach a copy of the claim form and a copy of your V5C as proof of ID under GDPR

THEN READ THE NEWBIES FAQ STICKY THREAD POST #2, near the top of this forum, then draft your defence and post it below for critique, after reading the 17 examples in there plus some of the numerous court cases on here

Half_way

This is known ( on here) as a double dip, also known as two entries counted as one ( descriptive term) - once you've figured out whats happening the anxiety/stress should turn to anger, but please start a time/evidence sheet, keep a record of how much time you are dealing with this, and how much stress/anxiety its causing and any other effects such as loss of sleep



So called double dips happes because the ANPR systems these sites use have known flaws, and are often inaccurate, unless the parking company, and/or its principal (the KFC branch/franchise) has taken reasonable measures to ensure the accuracy of the data that is collected.- highly unlikely as they will rely on an automated system with little or no checking .
Reasonable checking could include a foot patrol of the car park, after the system has logged an overstay, to see if the vehicle is there



OK?? - read on



you may have heard of something called GDPR. GDPR (General Data Protection Regulations) replaced the data protection act, within the GDPR regulations two of the key principles of GDPR for those dealing with personal data are:
Accuracy, is the data you gather accurate - what steps have you put in place to ensure this data is correct? if you are notified of an inaccuracy you have 30 days to correct this

Accountability, as a data controller you could be held personally liable for any breach, this means that you, not the company/corporation/entity you work for or represent could be liable
The above is for those who process/hold personal data - such as parking companies:
further reading is here:
Information commissioners website:

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles/


GDPR, further guidance
https://www.itgovernance.eu/blog/en/the-gdpr-understanding-the-6-data-protection-principles


GDPR - Directors to be held personally liable for data misuse/breaches
https://www.insurancebusinessmag.com/uk/news/professional-liability/directors-to-be-held-personally-responsible-in-gdpr-world-103795.aspx


The principal ( the KFC/KFC franchise) is also jointly and severally liable for the actions of its agents, so to the parking company i would send this ( or something like it - dont use this word for word as it is bound to have typos spelling mistakes poor grammer)



Re parking charge notice ####

My vehicle was not on the site for the time you allege, you appear to be relying on inaccurate data captured by automated systems, under the GDPR (regulations) you must now remove my data form your systems, and cease processing it with regards to pursuing the parking charge notice.
You have 30 days to comply with this, and it must be completed by (date 30 days+2 from posting or emailing parking company)



To the KFC:

Re parking charge notice #### issued by your agents, ( name of parking company)

My vehicle was not on the site for the time your agents allege, your agents appear to be relying on inaccurate data captured by automated systems. Under the GDPR (regulations) my data must now be removed from your agents systems, and they /you must cease processing it with regards to pursuing the parking charge notice.
You have 30 days to comply with this, and it must be completed by (date 30 days+2 from posting or emailing parking company)in accordance with the GDPR regulations
I look forward to your response confirming this will be carried out




p.s this is not a fine, also if it does go to court - i would be tempted to counter claim against the KFC over the actions of its agent, this is where the time sheet+log comes in, you can charge upto £19/hour for your time - i would drop this to £14 or so to show you are reasonable, as for the anxiety/stress/loss of sleep multiply this figure
KFC is a big multimational who should have a team in place to ensure that they are not taking on un regulated parking companies

The_Deep

Lots of double dip cases here

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

or shall I just pay the £300 to avoid CCJ ?

That would seem to be far more than the law allows, read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the elction , it can cause the scammer extra costs and work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

Chrisshep21

Apologies yes I received a claim form from county court business center Northampton and will follow advise given.

KeithP

Can you please answer the question in post #2 above.