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Parking Eye - County Court Claim Form Received

135

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 21 March 2020 at 6:07PM
    all a SAR does is to obtain all the data a company has on you, in this case documents and pictures etc, of more use at the WS + Exhibits stage , nothing to do with writing your defence (the defence is not the coupon mad template which she clearly stated is not for Parking Eye cases due to the fact they dont add spurious costs to the court claim)

    learn the basics here

    any SAR goes to the DPO using the legal beagles template and has been that way for 2 years since GDPR came in , then you can check for POFA compliance etc, plus what their pictures may or may not reveal

    also , I fail to see why you have not complained to ASDA in any of this saga !!!
  • KeithP
    KeithP Posts: 41,296 Forumite
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    hatman404 said:
    So is it too late/there's no point writing to P/Eye for SAR? I should write a defence straight away?
    Yes, send a Subject Access Request to ParkingEye.

    Yes, write a Defence straight away.
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
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    edited 22 March 2020 at 12:46PM
    As above, send the SAR first as it is very quick and easy to do. It goes to the DPO of Parking Lie. You should be able to find the contact details of their DPO on the privacy section of their website.
    The NEWBIES tells you what to put in the SAR.

    Next, check if the NTK was or was not PoFA compliant by comparing it with the "golden ticket" example in the NEWBIES. If it matches the example in the NEWBIES then go back and edit any of your posts where the driver's identity has been given.
    Examples of this would be where someone has said, I was the keeper and driver, or I drove, or I parked, or I saw, or I did not see signage etcetera.

    Again, this won't take long so do it today.

    If you don't have a golden ticket then it doesn't matter and can be left as it is.

    You have just over a week to submit your defence. It is possible that your court will be putting this case on hold but assume you need to comply with the date to submit unless you find anything to the contrary. If you contact the court expect a long delay.  If your case is going to be deferred you need to get it in writing so contact by email/webchat/Q & A options or website notices would be better.  
    Take copies of any gov.uk/parliament/court statements concerning court cases, court bailiff seizures, debt enforcement etcetera being put on hold, and keep them safe.

    Get pics of the site and signage, and find one of the 16 existing defences as already advised that closely matches your case.

    Normal defence points would be (where relevant)

    Not the landowner
    No standing (no valid contract) to issue charges or commence court proceedings
    Inadequate signage
    Non PoFA compliant NTK
    BPA CoP failures
    Grace periods

    A landowner complaint/cancellation is always the first thing to try and should have been done when the NTK was originally received, but it's still not too late to try this.

    You should also complain to your MP about this unregulated scam. 




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  • hatman404
    hatman404 Posts: 21 Forumite
    10 Posts
    Fruitcake said:
    Next, check if the NTK was or was not PoFA compliant by comparing it with the "golden ticket" example in the NEWBIES. If it matches the example in the NEWBIES then go back and edit any of your posts where the driver's identity has been given.
    Thanks very much for your respond. How do I make sure I've got a golden ticket or not? I can post a pic if necessary.
    I'm not a native so I'm not quite sure I understand everything correctly.
    I went to the car park today and took some pictures.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hatman404 said:
    Fruitcake said:
    Next, check if the NTK was or was not PoFA compliant by comparing it with the "golden ticket" example in the NEWBIES. If it matches the example in the NEWBIES then go back and edit any of your posts where the driver's identity has been given.
    How do I make sure I've got a golden ticket or not? 
    As Fruitcake says "compare it with the 'golden ticket' example in the NEWBIES"
  • hatman404
    hatman404 Posts: 21 Forumite
    10 Posts
    edited 23 March 2020 at 2:02PM
    I guess I don't have a golden ticket
  • Redx
    Redx Posts: 38,084 Forumite
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    its the NTK you are checking for the golden ticket , not the claim form above
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You've left your MCOL password visible on that image.
  • hatman404
    hatman404 Posts: 21 Forumite
    10 Posts
    edited 23 March 2020 at 2:03PM
    What if I haven't received NTK? 
    Thanks KeithP, I've deleted it 
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You have.  It was the first letter, the PCN. 
    The NEWBIES thread tells you it might not be headed 'NOTICE TO KEEPER' and they are often not.

    Your draft defence looks fine and you main points are about the grace periods and the signs.
    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
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