PCN unauthorised by land management

Redx

You can ask by all means , but they are unlikely to produce any contracts or evidence before the WS plus Exhibits stage nearer the court hearing in a few months time

A SAR only obtains your own data

Cw1979

I am about to do my AoS online.
1- it does not say anywhere on paperwork or doing a Google search that this can done online through money claim online. Why is this?
2- I have spoken to a barrister friend who feels if my intention is to have an impact on the whole company rather than just on my own ticket, I should put in a very simple defence (as he would not intend it to get to court) and instead focus on the criminal route and report the company for fraud (using online report). He says the police would have to investigate and since it will take up to 6 months to get a court date for PCN ,he thinks this would be a better way to get the outcome we want.

Any thoughts?

Le_Kirk

Any thoughts?

Yes, it is outside the scope of a parking forum! Or at least my scope!

Fruitcake

To defend the claim against you, read the guide to court written by bargepole that you will find in post 2 of the NEWBIES.
This tells you what to do, when to do it, and how to do it.

As for the rest, it depends on what you what from this. If you want a cancellation, then make all the complaints as already advised to the DVLA, Trading Standards, Local Council Planning Department, ICO etcetera.

If you want to punish the scammers and make some money, then you can make a counterclaim or make a separate claim for a DPA/GDPR breach.

The Legalbeagles Forum or similar might be able to help you with that, but as advised above, it is outside the remit of the parking forum.

Cw1979

Ok. That's fair enough. I just wondered if anyone has taken that route before or if anyone thinks it is not advisable (e.g. police may still as civil not criminal matter).

The reasoning being that:
Company placed sign illegally on land
Sign had to be taken down at request of land management company
My data was then obtained illegally 3 years later
Data was then used to try obtain money for a fraudulent claim.
Photo evidence shows car not parked in their bays but they have continued to pursue a fraudulent claim due to their own photo evidence that the sign had been there that day.

Fruitcake

The case against you is for a breach of (alleged) contract which is a civil matter.

Whether the placing of the sign and then trying to obtain monies as a result is unlawful (civil) or illegal (criminal) is something I think only a judge could determine.
The placing of the sign might have been accidental, but "demanding money with menaces" when they know or should have known this is another matter.

Again, you would need proper legal advice to see what approach you could take with regard to that.

We do know that a DPA/GDPR breach has occurred and both the DVLA and ICO can investigate that. The Council can investigate the lack of advertising consent for the misplaced sign.
I refer you back to the comments I made in post 8.

KeithP

Cw1979 wrote: »

I am about to do my AoS online.
1- it does not say anywhere on paperwork or doing a Google search that this can done online through money claim online. Why is this?

Are you sure your Claim Form doesn't tell you how to respond to the Claim online?

Is there an 'Important Note' about halfway down the right hand side looking like this...

No idea why Google doesn't know about that. Perhaps you should be asking Google, rather than us.


Do what you think best but I would strongly recommend following the guidance in post #36 above. Here it is again:

If possible, do not file an AoS before 23rd December, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Cw1979

I'm sorry. In my panic I didn't see that part on the claim form - it is there obviously. AOS done today.

Umkomaas

Small wonder we struggle to keep up with the volume here by having to point out the obvious. And we don't have access to any of the paperwork in front of the poster!

A further small wonder as to why PPCs are flourishing because motorists won't/don't read the signs, in the main, plastered everywhere these days around most private car parks.

KeithP

Cw1979 wrote: »

AOS done today.

Despite me writing...

KeithP wrote: »

If possible, do not file an AoS before 23rd December...

Never mind. No harm done in this case.