Check the defense please

Umkomaas

Hockey_player said:

And if I'm to use 1.1  how good are these pictures from ANPR to identify the driver?  I don't remember whether I was driving or not? and i don't have any letters or PCN's left unfortunately 

ANPR are not designed for facial recognition - only numberplate recognition. Can you see a clear photo of the driver in what they've produced for you?

nosferatu1001

Given they haven't performed an Id parade, pretty bad. 

Redx

Hockey_player said:

And if I'm to use 1.1  how good are these pictures from ANPR to identify the driver?  I don't remember whether I was driving or not? and i don't have any letters or PCN's left unfortunately 

Check the photos you received from the claimant

If you haven't got any , email a SAR to the DPO at the PPC to obtain all your data , including photos 

Include everything in the template defence , it's for the claimant to prove their case , plus to prove who was driving and take said driver to court , that may or may not be you

D_P_Dance

And if I'm to use 1.1  how good are these pictures from ANPR to identify the driver? 

ANPR means automatic number plate recognition, it take pictures of number plates.

Hockey_player

Redx said:

Hockey_player said:

And if I'm to use 1.1  how good are these pictures from ANPR to identify the driver?  I don't remember whether I was driving or not? and i don't have any letters or PCN's left unfortunately 

Check the photos you received from the claimant

If you haven't got any , email a SAR to the DPO at the PPC to obtain all your data , including photos 

Include everything in the template defence , it's for the claimant to prove their case , plus to prove who was driving and take said driver to court , that may or may not be you

Do I have to send SAR to PPC or Debt collector which is CE in this case? It will also take more than a month probably for them to reply and I've got to file a defence in 6 days. I don't have any letters left, like I said all were binned and i don't even know whether they made it to send their first letter within 14 days period or not.

Le_Kirk

SAR goes to the parking company.  Results of SAR are more useful at witness statement and evidence stage anyway.  If you don't know the exact reason for the claim (it should be on the claim form) just use a generic defence covering all the bases (16 to choose from in the NEWBIE sticky) and provide evidence when you receive the result of your SAR.

Hockey_player

Le_Kirk said:

Since the bulk of the document is to be unchanged, we only needed to see your particular circumstances added into paragraphs #16 & #17.

Please advise if this fit in The DEFENCE

16.       The Defendant is not the main/only driver of this vehicle and has no knowledge of any parking charge notice (‘PCN’) or letters. It is not accepted that the location included prominent signs giving ‘adequate notice’ of the onerous parking charge. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

 

17.      The alleged breach, according to Civil Enforcement Ltd, is in breach of terms and conditions. The signs in this car park are not at all prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself. Only one small sign is clearly visible, positioned directly in front of the car park entrance. The words "Maximum Parking Terms Apply" are displayed on this sign, but this sign is misleading as although it states terms apply, it doesn't state what those terms are. Other signs in this car park are sporadically placed, out of the line of sight for a driver and not clearly visible, especially in the evening when it's dark with no sufficient lighting. It is therefore possible to park and not be able to see any clear signage which complies with BPA requirements. Given this lack of clarity, no contract can be construed from the Claimant's signage, under the "contra proferentem" principle. Civil Enforcement Ltd are required to show evidence to the contrary.

Hockey_player

Redx said:

Hockey_player said:

And if I'm to use 1.1  how good are these pictures from ANPR to identify the driver?  I don't remember whether I was driving or not? and i don't have any letters or PCN's left unfortunately 

Check the photos you received from the claimant

If you haven't got any , email a SAR to the DPO at the PPC to obtain all your data , including photos 

Include everything in the template defence , it's for the claimant to prove their case , plus to prove who was driving and take said driver to court , that may or may not be you

Anyone know an email address for Civil Enforcement Ltd/ Or do I have to call them to find out?

Redx

check the privacy page on their website

Hockey_player

Redx said:

check the privacy page on their website

found it 
dataprotectionofficer@ce-service.co.uk