Claim Form County Court Business Centre for Civil Enforcement LTD

skejhj

I have received a claim form from court stating that I have breached the T+C's. Stating the following: "Drivers are allowed to park in accordance with T+C's of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. There are asking for £268.37.
What happened is that I parked the car at the car park of the centre for adult education and the pay machine was out of service. I parked there before and never had trouble and always paid. A few weeks later I received the first letter. I went to the office and was advised that they would contact Civil Enforcement LTD and get the charge cancelled as the machine was not working. Another couple of weeks later I received another letter. I went back to the office and asked what happened with the cancellation, but was advised that Civil Enforcement LTD refused to cancel the charge, as there was another pay machine available. I wasn't aware of this. 
I was reading through the forum and the newbies thread and the various defences, but it seems that none fits my circumstances. Does that mean that I have to pay £268.37? 

Redx

definitely not , because they have inflated the claim by at least £60

post the issue date from the claim form below

email a SAR to the DPO at CEL and obtain your data , attaching a copy of the claim form as proof of I D under the GDPR

try and get a witness statement from the centre backing up your story as well

then start drafting your defence, we will give you more instructions after the issue date is posted below

skejhj

The Issue date is 21 Feb 2020
Is this the right template for the SAR?
I was about to acknowledge the service, shall I continue? 
Thanks!

Dear Sir/Madam:

I am writing to you in your capacity as data protection officer for your company - Company Name. I have reason to believe you hold personal data on myself as a vehicle I own and am the registered keeper for visits car parking sites managed by your company. It should be noted that contrary to article 13 of GDPR legislation no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation.

The vehicle in question is a Vehicle Model with VRM: VRM.

I have attached the V5 document to prove I am the registered keeper. Should you require further documentation necessary to verify my identity please contact me.

I would like you to be aware at the outset, that I anticipate a reply to my request within one month as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO).

Please advise as to the following:

1. Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
   1. In particular, please tell me what you know about me in your information systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.
   2. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were (in the past 12 months) stored.
   3. Please provide me with a copy of, or access to, my personal data that you have or are processing.
2. Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.
3. Please provide a list of all third parties with whom you have (or may have) shared my personal data.
   1. If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.
   2. Please also identify which jurisdictions that you have identified in 1-1 above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.
   3. Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.
4. Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
5. If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.
6. If you are making automated decisions about me, including profiling, whether or not on the basis of Article 22 of the GDPR, please provide me with information concerning the basis for the logic in making such automated decisions, and the significance and consequences of such processing.

Yours Sincerely,

D_P_Dance

There are asking for £268.37. 

That  almost certaily contains unlawful amounts, read this

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

and report the  solicitor involved  

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 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.

Redx

That does not look like the SAR examples linked and explained in post #2 of the newbies FAQ sticky thread , so nothing like what legal beagles have plus the info coupon mad posted , it needs to be simpler , asking for your data , then emailed to the DPO at CEL

Yes do the AOS online following the walkthrough

beamerguy

CEL has added a false unlawful amount of £60.  

ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

KeithP

skejhj said:

The Issue date is 21 Feb 2020
I was about to acknowledge the service, shall I continue? 

With a Claim Issue Date of 21st February, you have until Wednesday 11th March to file an Acknowledgment of Service. If possible, do not file an AoS before 26th February, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Wednesday 25th March 2020 to file your Defence.

That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

When you are happy with the content, your Defence could be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

skejhj

Redx said:

That does not look like the SAR examples linked and explained in post #2 of the newbies FAQ sticky thread , so nothing like what legal beagles have plus the info coupon mad posted , it needs to be simpler , asking for your data , then emailed to the DPO at CEL

Yes do the AOS online following the walkthrough

Thanks....I copied that from the post #2 of the newbies thread. 
Which one can I use. I must admit, I'm completely out of my comfort zone here and don't understand half of it.
I just completed the AOS online and sent an email to my MPs.
I really do appreciate all you support! 
This is really stressing me out. Can't even tell my other half about it...he will go mental. 

skejhj

KeithP said:

skejhj said:

The Issue date is 21 Feb 2020
I was about to acknowledge the service, shall I continue? 

With a Claim Issue Date of 21st February, you have until Wednesday 11th March to file an Acknowledgment of Service. If possible, do not file an AoS before 26th February, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - 

About ten minutes work - no thinking required.

Thanks a lot for your advise! Just completed the AOS online!

Coupon-mad

OK, so if you are at defence stage, you can download and use the new template defence here, just changing all the red bits:

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Should be fairly easy to do, that's the plan & reason for this new template!

These facts go in at the middle points #16 & #17 of the temple (you will see what I mean when you download it), the only difference being you don't put ''I'' or ''me'' in a defence, you are 'the Defendant' and you talk about yourself in the third person:

What happened is that I parked the car at the car park of the centre for adult education and the pay machine was out of service. I parked there before and never had trouble and always paid. A few weeks later I received the first letter. I went to the office and was advised that they would contact Civil Enforcement LTD and get the charge cancelled as the machine was not working. Another couple of weeks later I received another letter. I went back to the office and asked what happened with the cancellation, but was advised that Civil Enforcement LTD refused to cancel the charge, as there was another pay machine available. I wasn't aware of this. 

skejhj

Coupon-mad said:

OK, so if you are at defence stage, you can download and use the new template defence here, just changing all the red bits:
Should be fairly easy to do, that's the plan & reason for this new template!

These facts go in at the middle points #16 & #17 of the temple (you will see what I mean when you download it), the only difference being you don't put ''I'' or ''me'' in a defence, you are 'the Defendant' and you talk about yourself in the third person:

What happened is that I parked the car at the car park of the centre for adult education and the pay machine was out of service. I parked there before and never had trouble and always paid. A few weeks later I received the first letter. I went to the office and was advised that they would contact Civil Enforcement LTD and get the charge cancelled as the machine was not working. Another couple of weeks later I received another letter. I went back to the office and asked what happened with the cancellation, but was advised that Civil Enforcement LTD refused to cancel the charge, as there was another pay machine available. I wasn't aware of this. 

Thanks so much for that!!!! This is really helpful. Shall I still request my data from the DVLA as suggested? Or shall I just file the defence?