I got "Notice of Transfer of Proceedings" - Parkingeye

WhiteGlove

Hello and thanks a lot for all the information I have seen in this forum.

I will be as concise as I can:

I got a PCN letter from Parkingeye months ago, the reason being I was in a car park "controlled" by them without paying any fee. Since then I have been trying to understand what situation I am in but I am very busy and I am afraid I am already late to win this thing.

I applied to Popla and I lost (as expected). I got the Notice of Proposed Allocation (N149A) and I replied with the N180. I have been reading the "Newbies Thread" and Coupon-mad's "Small Claim" post and I was going to send a SAR letter but I came across that I am perhaps too late for that already? I have read on the thread "Court claim form (Parkingeye)" that there is just a little bit more that one month after submitting the Acknowledgment of Service to file a defence.:eek: It is more than that that I sent that letter and I actually got the "Notice of Transfer of Proceedings" and they will send me soon a "Notice of allocation" letter. I think I do not have any chance to win this if I didn't submit my defence. Am I wrong?




For any of you that you are still interested in what happened that day with the car park. I was going to put it at the beginning but I think it is probably not very important?

The car park was almost empty and there were not ticket machines where I was. However there must be one ticket machine somewhere close to the entrance of the Sport Club or whatever that car park is for. There isn't any advert at the entrance of the car park explaining that it is private land where only members are allowed or a pay to park car park. However there are lampposts with those signals asking to pay. I wanted to stop on a safe place and I thought that had to be a free car park. I went in looking for a warning at the entrance but there wasn't any and after the entrance I looked for a ticket machine but there was not any either. I thought I couldn't molest anybody in that empty car park and that I would leave if asked to do so. I was not going to park my car but to make a stop. It was when I was about to leave that I realized the lampposts signals.

waamo

If you've had a claim and not entered a defence you would normally lose by default. In saying that PE would have to apply for that and they might just have taken their eye off the ball.

Get one submitted now and cross your fingers. By now I mean now. Tonight. Not tomorrow or next week. Now.

Redx

A few incorrect words in your witness statement above , but I doubt that molest was the correct terminology and appealed not applied

WhiteGlove

Thank you waamo for your fast response. I realized that I did send a defence form with the "Response pack" of the Letter Before County Court Claim but I was thinking I would need to send a more formal one? including photos and that... Good but I am still stressed with this:eek:

Redx

No evidence goes in with any defence , a defence is a text document containing legal jargon

Evidence goes in much later in the process , in a few months time , at the WS plus Exhibits plus costs schedule stage , to your local Court

The CCBC is not a court , it's a government office

Coupon-mad

Ring the CCBC and say you think you only entered your Acknowledgement and somehow the case has been marked as if your defence went in but you can't understand how? Ask for a copy of the defence on the file.

waamo

WhiteGlove wrote: »

Thank you waamo for your fast response. I realized that I did send a defence form with the "Response pack" of the Letter Before County Court Claim but I was thinking I would need to send a more formal one? including photos and that... Good but I am still stressed with this:eek:

The defence is the one and only. Can you post up what you sent?

WhiteGlove

Thank you Redx. My English is far away from being perfect yet...


I wanted to ask something about a SAR letter to Parkingeye:

I was reading Bargepole's post and "Small Claim" post. It is adviced to send a SAR letter to ParkingEye using the form on their Privacy Policy on their website and also to the Data Protection Officer (DPO). My question are actually 2 questions:

1- If I do that how can I have a copy or a proof of that?
2- I'm not sure if Parkingeye's Data Protection Officer (DPO) is the Information Commissioner’s Office they mention on their web. Is it? English is not my mother language and I am strugling with so many different names...

WhiteGlove

Yes I could, but that could potentially identify me if there is somebody from ParkingEye reading, don't you think? I'm not sure what I would loose at this point though...

WhiteGlove

If that was supposed to be a formal defence with a lot of legal jargon I am sure it was a very poor defence ... I just explained myself as best as I could what happened that day.

I really want to send a SAR letter because I want to see the video. I didn't leave the car unatended. Not sure if that is relevant or not though.


Edited: Sorry for writing so many posts.
I have a copy of the "Admission (specified amount)" so I know exactly what I put there. No legal jargon at all.

I must sleep now. Thanks a lot

Redx

a SAR wont get you evidence like any video

it obtains your data under the european law GDPR , the new DPA , DATA PROTECTION

You email PE to their DPO with proof of your I D , so a copy of the claim form and a copy of your V5C document will suffice

your email is in your sent box and is your proof of sending it

they will reply within 30 days with all your data , nothing more , so documents , pictures and any other data

seems to me that your defence was actually your story, which was in fact your witness statement