CCBC what do I do?

WOODCHOP

I have gone through forum after forum and find it all very confusing and don't really know what I should be doing. My scenario is very different from others so could do with being pointed in the right direction.

I received parking fine in April 2019 from Parking Control Management UK when I was unable to park in my allocated bay which is a part of my lease with my apartment, due to an unauthorised vehicle being parked in it. I still displayed my permit in the window and parked in an area without road markings on the entrance road to the car park. I had my 4 year old son with me who suffer with cerebral palsy, so I needed to carry him from the car, and being his 4th Birthday I also had present to carry so I wasn't able to park miles away as the entire area is permit restricted due to being near a train station. The 4 x visitors bays were taken up by permanent residents so this was not an option either, and to be honest 4 bays between 300 plus apartments is not really fit for purpose. I tried to appeal the parking notice within 14 days, but every time I tried to appeal it on paymypnc-uk.co.uk and up loads images there was a server problem on their website which I took a screen shot of and still have it on file along with dates and times I tried to do it. Since then I have ignored there threats and scams like advised but now received letter from County Court Business Centre under the instruction of Gladstone Solicitors which was issued on the 5th of Jan. Even reading the letter is confusing so had a look on here, but still have no clue what I should be doing.

Could anyone please point me in the right direction or advise what I should do?

Redx

Step 1 - post the correct ISSUE DATE and total claimed from the claim form below

Step 2 - email a SAR to the DPO at PCM , attaching a copy of the claim form as proof of your own I D under the GDPR (read post #2 and post #5 of the NEWBIES FAQ sticky thread above this one)

Step 3 - if more than 5 days have elapsed since the ISSUE DATE on the form , do the AOS on line after following the walkthrough in post #2 of that NEWBIES thread, takes a few minutes after logging into the GOV website, using the reference on your claim form

Step 4 - read your lease or AST and see what it actually states about parking requirements (or more importantly does not say)

Step 5 , start drafting your defence and post it for critique, after reading other similar recent court case threads over the last 12 months , especially recent winners, especially for similar cases to yours

KeithP

WOODCHOP wrote: »

I have now received letter from County Court Business Centre under the instruction of Gladstone Solicitors which was issued on the 5th of Jan.

It sounds like you might have received a County Court Claim Form with an Issue Date of 5th January.

But it is most unusual for Claims to be Issued with a Sunday's date.

Can you please confirm the Issue Date, and indeed if it is actually a County Court Claim Form?

Coupon-mad

I still displayed my permit in the window and parked in an area without road markings on the entrance road to the car park. I had my 4 year old son with me who suffer with cerebral palsy, so I needed to carry him from the car, and being his 4th Birthday I also had present to carry so I wasn't able to park miles away as the entire area is permit restricted

Jeez, I hope PCM and Gladstones and the IPC are proud...

OK, are you up for a counter claim under the Equality Act, as well as a defence?

That costs just £25 in a court fee at this stage, to counter claim, and in your case what you were doing was not parking. Up to you but please think about it. you could claim for say, £500 and we can help you explain the legal issues and the discrimination here.

Do PCM know any of this yet?

Please also answer KeithP's question as the claim can't have been issued on Sunday.

WOODCHOP

Sorry the issue date is the 6th of January 2020
Total amount is 243.81

Email a SAR to DPO at PCM?
Sorry but what does this even mean? I've read the sticky, but still a bit lost are you asking me to email parking control management to send me copy of all the evidence?

I'm very concerned about the time scale here as the letter says I have 14 days from the issue of letter to submit my defence on the CCBC paper work. I've already lost 8 days since I've only just received it.



What is an AOS?

The_Deep

Your case is no different from many others and, from what you have told us, the scammer would stand very little chance in court against a properly defended case, read this

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]

[FONT=Times New Roman, serif]what does your lease/AST sy about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.[/FONT]

There is also the question of disability discrimination, read this

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics

Finally, £244 is a lot more than the law allows, read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

[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 in some cases, cancellation.

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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

I know that there is a lot to take in, but they are perfectly entitled to make a claim for breach of contract and, if you are unable to defend yourself in court you may l lose and have to pay it.

WOODCHOP

I had my permit in the window which is even in their photograph, the problem is I was not in my bay as there was vehicle unknown to me already in it so had no where to go. I appealed the ticket online but there website had some sever errors on it so I don't even know if the images uploaded correctly. I managed to get the appeal though but they just ignored it. I have spoken to Hyde housing who own the land and they haven't been any help either. I'm lost I keep reading the sticky on this forum buts it all to confusing to me. Am I supposed to be appealing through POPLA, am I supposed to be sending this paper work back to the county court?

Le_Kirk

WOODCHOP wrote: »

Sorry the issue date is the 6th of January 2020
Total amount is 243.81

Email a SAR to DPO at PCM?
Sorry but what does this even mean? I've read the sticky, but still a bit lost are you asking me to email parking control management to send me copy of all the evidence?

I'm very concerned about the time scale here as the letter says I have 14 days from the issue of letter to submit my defence on the CCBC paper work. I've already lost 8 days since I've only just received it.

What is an AOS?

All acronyms are found in the NEWBIE sticky post # 5 (maybe you didn't read that far) however, yes, submit a Subject Access Request (SAR) to the Data Protection Officer (DPO) of the parking company requiring them to give you all your data (which should include the original NTK). The DPO email address is usually found on the privacy page of the parking company's web site. AOS = Acceptance of Service which you do online via MCOL using the log in and password that would be have accompanied the claim form. This is to give you the maximum time to compile and submit your defence.

nosferatu1001

Confirm you have submitted the SAR AND you have completed ONLINE the AoS

You will not get a response to the SAR in time to use it for your defence HOWEVER that is NOT an issue. You have, in the newbies thread, 17 defences to READ, UNDERSTAND and USE. Do not flap, prevaricate etc. You CAN do this, and we know because you are the 100th person we've seen this year alone in the same situation

WOODCHOP

I will send the SAR request now, but as you said they will not respond in time so what is the purpose of this?

I have done the acceptance on MCOL, which I think gives me 28 days, but it does not give me a deadline on the website. I have also spoken to Hyde housing who own the land and use PCM for their car parks and they have requested I send them the evidence I have, should I do this?

So now the defence, what should I do next? I have read countless examples of cases, but as stated before they do not relate to my circumstances. None comment about another vehicle being parked in their allocated bay, and none mention about not being able to appeal through paymypcn due to their website having server errors.

Redx

The purpose is to obtain all your data , paperwork and pictures etc for later on in this saga , for your WS plus Exhibits plus costs schedule stage , once you have all your own data held by the parking company

It's not for your defence , not unless you obtained it in anticipation of your court case , which you did not , but you can study it after it arrives , looking for failures on their part

For now , having done it and having done your AOS concentrate on your defence , you won't learn it all in one go , Rome wasn't built in a day , etc , but the foundations need laying which you are now doing

Do not get bogged down by the topic , just draft a basic legal defence for now , for critique , all those questions can be applied to hone it , so do not look for specifics and stop trying to see the whole picture in one go

Post your draft below , then act on it as advice comes in , nobody posts the perfect defence at the first try , just as in football nobody scores a goal on their first kick if the ball (or rarely)

Your deadline date for it will be posted , probably by KeithP , so forget the minutia details and get on with your defence , that is the important task if you did what we said above