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New battle

Hello everyone!
I'm fighting this one on behalf of a friend. Here we go:
The alleged ticket was issued on march 2019 but my friend never received it instead it was sent to his brother who have same family name the car never was register to him or his address so my friend simply ignored it it had tge wrong address but after few letter to his brother. My friend decided to give them a call and naively gave the parking company his info hopping that they'll just say 'our bad' and let him off. He explainded that the letters they been spending demanding money went to the wrong address he even contacted DVLA to prove to them that neither him or his car were never register to the first address they sent the invoices to.
Where are we now: he's recived Northampton county court letter on 06/12/2019 and acknowledged it on 08/12/2019 and I'm hopping to help him defend it with your great help. Thank you
! As he technically never received the first ticket (14 days rule ) would it make tge whole ticket void?
!! Btw he parked briefly in the back shop he never saw any signs even tho they're present.
!!! They damanding £245 (100 ticket +60 blabla+ 8.24 per interest ect) mental
«1345678

Comments

  • Been here before so going throught tge steps :)
    I will be posting a defence once I've finished with it.
    Any questions , advise is welcomed.
    Again thank you in advance.
  • Half_way
    Half_way Posts: 7,528 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    name.of parking company?

    how long is briefly?10 minutes or less?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Nothing makes a PCN void , but it may mean it cannot be enforced , meaning they may lose in court

    Name of parking company ?

    Issue date on the claim form ?

    The time allegedly on site ? ( 5 minutes ? , 8 minutes ? , 15 minutes ? )
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    … They damanding £245 (100 ticket +60 blabla+ 8.24 per interest ect)

    Which is far more than the law allows and the judge may well disqualify the claim, 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, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    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]
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 59,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 December 2019 at 10:34AM
    Not VCS by any chance? They have form for doing this.

    Tell your friend to complain to the DVLA that their personal data (VRM) has been sent to another person with the same surname. This is both a KADOE and a DPA/GDPR breach.

    The person that received someone else's personal data should complain as well.

    It doesn't matter whether the two people are related or not, so there is no need to mention that. A data breach is a data breach.

    Have a look at post 43 of this thread where I have found the parts of the DVLA KADOE contract that are relevant. Your friend can use most of that post as part of your DVLA complaint.

    https://forums.moneysavingexpert.com/discussion/6069964/almost-imminent-court-case-pending-with-vcs&page=3

    Your friend should tell the scammers about the data breach and tell them they must now report themselves to the DVLA as per the KADOE contract requirements.

    Give it a week after the initial complaint then ask the DVLA if they have received the scammers report.

    In addition, your friend should complain to the ICO about the data breach.
    I married my cousin. I had to...
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  • Parking Control management uk represented by Gladstones Solicitors limited.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Parking Control management uk represented by Gladstones Solicitors limited.

    3 questions asked , only one answered , 2 to go
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If you think that the solicitor has behaved improperly complain here

    https://www.sra.org.uk/
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 December 2019 at 4:24PM
    ...he's recived Northampton county court letter on 06/12/2019...
    You say the County Court Claim Form was received on 6th December, but what is the Issue Date on that Claim Form?


    Actually you didn't say that at all. I have, perhaps rashly, assumed that we are discussing a County Court Claim Form here. :D
  • Half_way
    Half_way Posts: 7,528 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Parking Control management uk represented by Gladstones Solicitors limited.




    You said stopped briefly, how long was this brief stop?
    under 10 minutes? over 10 minutes? the answer to this is of significance
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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