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BW - Forgot to register number-plate in free car park

Hey there,

I'm looking for some advice regarding a Claim form in the Northampton Business Center by BW/Premier Park. The claim was issued on 18th Dec.

I've had a look through the newbie guide and will be using it to prepare my defense once I reach that stage.

The details of the alleged contravention were that the car was parked in a local pub car park in early April 2018. The car park is a free car park to be used only by customers of the pub, with an iPad inside to register the number plate. The car was not driven by the registered keeper on this day but by a named driver on the insurance.

We have a receipt from the pub on this day proving that the driver was indeed a customer. However, the driver in question forgot to enter the vehicle reg.

I've tried to contact the pub in question to cancel this however there has not been any response.

The claim is for 247 pounds - including a 60 pound add on fee I've been advised is Abuse of process on another thread.

From my understanding, the claim has to be acknowledged within 14 days of the date of service - 18th issue date, 23rd service = Monday 6th.

No SAR has been written nor a legal letter to BW - is it too late now?

On Bargepole's procedure post he recommends replying online that to defend in full without writing anything in the box to buy further time.

One of the named drivers, however, viewed the claim form through MoneyClaim.gov and it is now locked to this account and not the registered keeper.

As the deadline is tomorrow to acknowledge, should they provide a blank response as per Bargepole's advice through a different account than the registered keeper - but still under the RK's name? or try to call up tomorrow early to transfer this claim back to the registered keeper's government gateway.

Any advice is greatly appreciated.

G

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    get the AOS done asap

    get the SAR done to PP asap, attaching a copy of the clainm form as I D

    by all means phone to get it unlocked, but email the AOS asap to the CCBC email address as well, so you can inform them its been emailed and they can look it up

    ie:- fill it in , sign and date it , scan it , email it as a pdf attachment , with the reference number etc on it
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As Redx says, email the Acknowledgment of Service to the CCBC in the manner he described and to the email address CCBCAQ@Justice.gov.uk

    You have until 4pm tomorrow, 6th January, to do that.
  • Amazing, thanks.

    I'll send that asap.

    With the note to BW regarding the SAR to PP - should I just say something like:

    "I am writing to you to inform you that I have sent your client - Premier Parking - A SAR request. I therefore require a restriction of data processing and the case should be put 'on hold'."

    Or should I include the template appeal with an attached receipt from the pub on the day in question in case they cancel the claim? is it too late for this?

    Such as:

    ''I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

    There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

    - If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

    - If the allegation concerns a number plate registration machine, the data supplied in response to this appeal must include the record of registrations- showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

    - If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

    - in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

    -The car park in question is for customers – I have attached for you a bank statement from the Queens Head Pub on the day in question. As mentioned above I will be making a formal complaint about BW/PP to the Queens Head unless this is retracted.

    Formal note:

    Service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

    Yours faithfully,"


    Thanks again :)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 6 January 2020 at 12:41AM
    no , you are not appealing , you are making a subject access request to the DPO at PP, a SAR, so use the legal beagles template and email it with proof of I D

    see post #2 of the newbies thread (scroll down from post #1)

    its too late to tell them to place on hold or restrict processing, if you have a court claim
  • Coupon-mad
    Coupon-mad Posts: 162,078 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't read the FIRST post of the NEWBIES thread. You need the second post.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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