New One! County Court Claim for PCN.

KeithP

DoaM said:

@KeithP ... why is it recommended to wait 5+ days before doing the AOS? What happens if the AOS is done before that? (I know what happens if it's done too late - you might end up with a default CCJ).

As you know five days is allowed from the Issue Date before the document is deemed served.
If a Defendant files an Acknowledgment of Service before those five days have expired, the Defendant is effectively telling the court that service was effected at that earlier date.

We also know that following an Acknowledgment of Service, the Defendant is allowed twenty-eight days from the Date of Service to file a Defence.

So, if the AoS is filed before those five days are up, then the Defence filing deadline may be shortened by a day or two or three.

I believe we have seen cases here where a Default Judgment has been issued when the earlier Defence filing date has been missed, but I cannot find it/them now.

D_P_Dance

They are claiming for unlawful amounts, read this 

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

and report them to the SRA

https://www.sra.org.uk/

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.

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.

Bachelorplace

The company have asked me to complete a form in relation to the SAR - I assume this is ok for them to do, to check identity?

Bachelorplace

D_P_Dance said:

They are claiming for unlawful amounts, read this 

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

and report them to the SRA

https://www.sra.org.uk/

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.

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.

Firstly the newb forum post says not to claim unlawful or unreasonable charges, or did I read that wrong. 

Correct, the firm in question are the same firm who used to clamp cars in Sussex during the 90s... they would just prowl and immediately tow your car to a pound.

Castle

@KeithP ... why is it recommended to wait 5+ days before doing the AOS? What happens if the AOS is done before that? (I know what happens if it's done too late - you might end up with a default CCJ).

The 28 day clock to file the defence will start ticking from the date of the AOS if it's done early.

nosferatu1001

OP - bno, dont fill out a damned form. Just give them appropriate ID - the claim form reference would be suitable, as YOU have been served it! 
Remember that the SAR does not stop the clock. It doesnt. Some people bang on about "restricting processing" despite already having a claim form. It. does. not. happen.
You have your deadline to submit a defence. REGARDLESS, a defence MUST be filed b ythat date. noone will remind you.

Bachelorplace

Right ok - thanks - I will work on my defence - ... any ideas?

First port of call is to explain to landowner the friend I was visiting, and ask my friend to contact them and provide me with the address of the company.  I know two residents who pay their maintenance who live there.

I will need to complete the form, in order to get all the evidence, the evidence may be insufficient, or the land in question may not be enforceable by the issuer for example. ( From first discussion with my friend ).

Copy of Email:

We acknowledge receipt of your request.

As a data controller, UK CPM has a legal obligation to verify the identity of individuals making a request relating to personal data.

For this purpose, we have an online request form that's quick and straightforward. Here's how to find it:

1. Open our website Privacy Notice  https://www.uk-carparkmanagement.co.uk/index.php/privacy

2. At the bottom of the page, click on the option relevant to you

3. Near the bottom of the page, in the section 'Exercising your rights', is the link to the request form   

However, where we have insufficient information to verify your identity we'll refuse the request in order to protect the personal data we process.

You have the right to complain to the ICO at any time, here's the link to its website: https://ico.org.uk/

Please note, we have 30 days to respond to your request.

Le_Kirk

You do not need to fill in any forms; if the PPC is refusing a submission to the DPO and you have provided proof of who you are (such as a scan of your V5C or the PCN) then report them straight away to the ICO.

Redx

Email a copy of the claim form to their DPO as proof of I D , no filling in forms
Try doing what people are telling you as it's getting tedious to keep trying to get you to do the right things at the right time
Read other recent defences to construct your own draft defence , nobody here will write it for you

So any ideas ? Yes , do the research , plenty on here to look at

Bachelorplace

ok I found this thread

https://forums.moneysavingexpert.com/discussion/6046498/bw-legal-defence-thread-residents-parking-defence-updated/p1

Its a friend job. Similar case!