PCN due to faulty tablet

henteaser

Background

Paying member of a gym. Parking at the adjacent car park (managed by Civil Enforcement Ltd) is free if you enter your vehicle's reg in to a tablet at the gym entrance.

I go to this gym daily. However, twice in the last year the tablet has been faulty (screen frozen) and both occasions have resulted in a PCN (ANPR camera at exit). No physical pay-and-display ticket is issued.

Letter before action

Have now received a Letter before action for both tickets. I've composed a SAR as described in the newbie thread and a separate letter requesting a cease to data processing and for the case to be put on hold until the SAR is met.

Questions

- To save back and forth, what ID shall I include in the SAR?
- Is anyone familiar with a similar case where the car parking firm's own system (in this case a tablet) has been faulty and can point me towards a suitable WS?

Many thanks in advance.

Fruitcake

Send a copy of the vehicle V5 as proof of ID.

There are plenty of cases where a typing engine has malfunctioned so you will need to do a forum search, set to show posts.
This has caused a frustration of contract so that will be one of your defence points.

You are a long way off a WS. You haven't even got a claim to acknowledge yet, which is the first thing you would do.
Read the guide to court written by bargepole you will find in post 2 of the NEWBIES.

You can't instruct anyone to cease action, but you can tell them to put things on hold for thirty days.
Say, although you deny any debt, you are seeking debt advice and therefore, pursuant to the pre-action protocol for debt claims 4.2 you require them to suspend the action for 30 days.

What happened when you complained to the gym manager/owner/landowner?

Did you appeal the original charge, and if so did you reveal the driver's identity?

If not then you should amend your initial post to say The Driver goes to the gym daily, or the keeper goes to the gym daily as an occupant of the car.

Umkomaas

Do a forum search on keywords tablet CEL, because I think there have been a few other similar CEL cases.

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

Half_way

You MUST complain to the Gym, if it is their car park, they will be jointly and severally liable for the actions of their agents

The_Deep

Read this

https://hallellis.co.uk/blog/frustration-legal-contracts/

[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]

Coupon-mad

Is anyone familiar with a similar case where the car parking firm's own system (in this case a tablet) has been faulty and can point me towards a suitable WS?

What, apart from the 'hidden tablet' one in the NEWBIES thread example defences?

henteaser

I have now received a claim form dated 10th July. Completed AOS yesterday as per the forums guide to wait 5 days.

However, I initially received 2 letter before claims (2 PCNs on different dates both back in 2019, same vehicle). 

Am I correct in thinking Civil Enforcement Ltd should be doing a single claim for both PCNs?

Le_Kirk

If you check the Civil Procedure Rules (CPR) you will find that is the case.  Ask Auntie Google for the CPR.  Are both claims relating to the same car park (they are clearly both the same PPC so that bit is OK)?

nosferatu1001

Le-Kirk- they dont sayt they have two claims - they state A claim form. 
OP - if they raise another claim, then estoppel comes into play for the second claim. 

KeithP

henteaser said:

I have now received a claim form dated 10th July. Completed AOS yesterday as per the forums guide to wait 5 days.

With a Claim Issue Date of 10th July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 12th August 2020 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

henteaser

Are both claims relating to the same car park (they are clearly both the same PPC so that bit is OK)?

 I have 2 letter before claims, both related to the same vehicle and the same car park, but only 1 claim form relating to the first PCN.

OP - if they raise another claim, then estoppel comes into play for the second claim. 

Thanks, I will look in to this. 
Although the PCNs were issued over a month apart, I received separate LBCs on the same day in the post.
This has me worried, I'm fully expecting 2 claims. I would have expected both together based on the LBCs arrived together.
Post hasn't exactly ran like a well-oiled machine recently. Can I check with CCBC for anything else outstanding?