New Member: SIP Car Parking PCN Appeal Advice Required

Cutroses

@Coupon-mad thanks again for all your help. Can I get your eyes on my defence, counterclaim and WS? Appreciate it's a lot and I'm looking to submit in good time (deadline 12.02.24 but looking to submit 09.02.24). A lot of time and energy put into this, but I'm no lawyer. How do I best share? Note - I've anonymised all of the docs in the evidence. Can I raise GDPR / data breach despite not putting it on the DQ form? 

Coupon-mad

We'll take a look.  Struggling for time!

Cutroses

@Coupon-mad don't stress I can send it a bit later / over the weekend if that helps. I appreciate even just looking over one doc. Thank you in advance. 

Cutroses

@Coupon-mad do you think you're going to have time? No worries if not, just going to work on submitting today. If you wouldn't mind just advising regarding the data breach piece that'd be grand. Also do I have to share evidence including those cases relied on? Thanks either way! 

Coupon-mad

I can't see your WS to support your defence and Part 20 CC linked here - and you are not at defence stage - but just reminding everyone what it is about:

Cutroses said:

Newbie thread read. Appealed and it was rejected (I know). It's been going on 4 years and now have a court date. Counterclaimed harassment due to several instances where drivers details were given but continue to go after keeper. 
The defence is that driver details have already been given on more than one occasion.  
1. Should driver also come to court (they are happy to) or is it a separate case now?
2. Should case be built to defend initial issuing of PCN by driver? Driver has valid ticket (still to this day) - is this enough?
3. How detailed should witness statements be e.g. include laws / defense or leave this for a separate defence statement? 
Also the defence template has lots of information on excess charges, but my case is more that I wasn't the driver and this information has already been surrendered. Is this sufficient?  

For a good example counterclaim with photos (and proper legal argument to support it) look at is today's posts by @stuart_c2023

Cutroses

Hey @Coupon-mad will look at the post. I private messaged you my WS, defence and counterclaim as I didn't know how else to share. Can you see this? Need to submit tonight at the latest. Thanks again. 

Going to post link to docs here for ease: https://drive.google.com/drive/folders/19dsMf2KSVrz11D9igV9BL8KbnQV3qRr_?usp=drive_link 

Le_Kirk

Cutroses said:

Hey @Coupon-mad will look at the post. I private messaged you my WS, defence and counterclaim as I didn't know how else to share. Can you see this? Need to submit tonight at the latest. Thanks again. 

Going to post link to docs here for  ease: https://drive.google.com/drive/folders/19dsMf2KSVrz11D9igV9BL8KbnQV3qRr_?usp=drive_link 

You shared it with the forum by posting that link to the Google drive

1505grandad

The WS has the wrong claimant?

Coupon-mad

Yep it's not UKPC.

If the deadline is today it must reach the court and solicitors before 4pm.  Not tonight.  Unless the deadline is tomorrow?

You don't need exhibits 1-4 nor so many paragraphs about those cases, because @Le_Kirk has a single PDF showing them all including a new one from this month from Preston court.

It's a single PDF, linked in the a-f list of suggested Exhibits in the NEWBIES thread WS and evidence section.

In the defence your most important paragraph has no number - the one between 3 and 4 in the defence.  The fact you told them who was driving IS the thing to state front and centre and evidence.

Add this as an exhibit:

April 2020: British Parking Association:

http://portfolio.cpl.co.uk/Parking-News/395/26/  SCS Law on what it means to 'begin proceedings' (transfer liability). 

So, state in your WS and in the counterclaim that this confirms the correct interpretation - that a keeper cannot lawfully be pursued once the driver's name and address have been supplied at any time at pre-litigation stage. If they've had a valid name and address prior to the commencement of court proceedings they are not permitted to pursue the registered keeper. The entitlement to pursue a keeper is expressly where the driver cannot be identified. Thus the continued processing of the keeper's data and hounding the keeper to court is illegal and vexatious.

Did you see the one posted by stuart_c ?

Cutroses

@Coupon-mad deadline tomorrow but I can't submit then. It will be submitted late tonight. Working through the post now and amending in line with the above. Thank you.