IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Car Parking Partnership - Coventry Hospital - LBCCC - POPLA Appeal Rejected

Options
12346

Comments

  • BarkingDog
    BarkingDog Posts: 10 Forumite
    Fourth Anniversary 10 Posts Photogenic
    Thanks Coupon-mad. No, no gagging either. I didn't see that case - thanks. My mistake was to be too timid with the amount I asked for in my claim. Had I seen other examples I would have asked for more.
  • Coupon-mad
    Coupon-mad Posts: 151,906 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It doesn't sound like you made any mistakes, in fact £1500 was bold of that person but he had told them for FIVE YEARS that they'd made a mistake (got the wrong DVLA data, wrong car, as shown in their photos if they'd bothered to look on day one),

    Do spill the beans and share your wording of counterclaim (claim?) and witness statement and what you relied on, and show the judgment (name redacted if you wish) so we know which parking firm, date, court, Judge and claim number and what happened.

    In a new thread!  Can't wait.  Congrats!
    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
  • RagingMad
    RagingMad Posts: 25 Forumite
    Third Anniversary 10 Posts
    edited 28 July 2021 at 8:39AM

    Coupon-Mad - haven't ignored your post.  I looked just yesterday for that consultation.  I can't see anything yet.  But will keep looking

    Smug Barking Dog :)  NICE, That truly is Justice served.  Are you able to briefly summarise how they Breached GDPR?  I sent an SAR a year and a half ago to the parking company CPP.    Should i send then another one, or should i send this now to DCBL (the bailiffs).  
    And do you have a template of exactly what you asked them to provide?
    My origional SAR request, i asked for:
    - ALL photos taken,
    - all letters/emails sent and received, including any appeal correspondence,
    - All information provided to POPLA with regard to POPLA Ref: xxxxxxxxxx,
    - A full copy of the Parking Charge Notice,
    - Payment machine records for the date and period identified on the Parking Charge Notice, including any logs of unrecognised VRNs entered within this period.
    - Any other information you hold about myself.

    P.S.  I'd really really love to screw these Bar Stewards.
  • RagingMad
    RagingMad Posts: 25 Forumite
    Third Anniversary 10 Posts
    P.P.S.  Does the fact that CPP (The original issuer of the PCN) have passed my details onto DCBL, constitute a breach of GDPR in itself???
  • Umkomaas
    Umkomaas Posts: 43,370 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    RagingMad said:
    P.P.S.  Does the fact that CPP (The original issuer of the PCN) have passed my details onto DCBL, constitute a breach of GDPR in itself???
    Nope, they can pass them to their debt collectors and/or their legal representatives. You're grasping at straws. Bigger fish to fry!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • RagingMad
    RagingMad Posts: 25 Forumite
    Third Anniversary 10 Posts
    edited 30 July 2021 at 8:48AM
    Umkomaas said:
    RagingMad said:
    P.P.S.  Does the fact that CPP (The original issuer of the PCN) have passed my details onto DCBL, constitute a breach of GDPR in itself???
    Nope, they can pass them to their debt collectors and/or their legal representatives. You're grasping at straws. Bigger fish to fry!

    Ok, i just need to work this logic through.  I'm always being told that the PCN from a private parking company is an invoice.  So does a Debt exist?  I am in dispute with the CPP and as of yet they have not established that i owe them this money in a court.  Surely a debt would only then exist if the court ruled in their favour.

    So if no debt has been established can they legitimately pass my details on to DCBL, who aren't acting as Bailiffs in this scenario, just scaremongering bullies.

    And yes, still grasping at straws :smile:
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 30 July 2021 at 10:04AM
    The alleged debt doesn't exist in law until a judgment in court changes it from a mere invoice to an actual debt to be paid

    I could send you a £100 invoice for this reply , but there is no acknowledged debt unless I managed to enforce it in a court of law or get you to sign it as an IOU or an agreement

    Anyone can employ a contractor to pursue an alleged debt , it happens all the time in business , be it a private detective , a debt collector firm like dcb ltd or a solicitor etc like dcb legal

    But for an alleged parking PCN the data ( Alleged debt ) cannot be sold on , so the debt owner remains with the claimant and always does ( in England and Wales )

    You haven't signed an agreement , or given a promissory note promising to pay

    CPP issued an invoice for a breach of contract , you dispute that invoice and have not paid that invoice due to being in deadlock. Court is where the dispute is resolved

    This is why Umkomaas told you , nothing to see here , move along

    As an example , I have a verbal agreement with my milkman to deliver 3 times a week

    Once a fortnight he posts an invoice through my door for 2 weeks of milk , 2 days ago he posted one for the last 2 weeks of my order , with today's date for payment

    Today the current invoice was paid by a standing order , in full , as it always is , because it's an alleged debt , unsigned by me , but implied that I owe him for what he provided

    Had I failed to pay it , I would be in breach and he could pursue it using debt collectors or lawyers or the Court
  • RagingMad
    RagingMad Posts: 25 Forumite
    Third Anniversary 10 Posts
    Thanks to Umkomaas and thank you Redx.  That was quite interesting.

    Oh, and please don't invoice me £100 for you reply :neutral:

  • Hi, what was the outcome of this case, did they take you to court?
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Hi, what was the outcome of this case, did they take you to court?
    The OP has not visited the forum since August last year so is unlikely to see your post.  Can I suggest you send them a PM and they will then receive a notification of your message.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.