Parking Eye LBCCC will we go to Court?

millie67_2

Reply from the company who uses the car park...

Unfortunately due to GDPR regulations I am unable to release to you the landowners details.

As stated in my previous email, the landowner has expressed under no circumstances will he get involved in any disputes regarding the car park.

bargepole

millie67_2 said:

Reply from the company who uses the car park...

Unfortunately due to GDPR regulations I am unable to release to you the landowners details.

As stated in my previous email, the landowner has expressed under no circumstances will he get involved in any disputes regarding the car park.

Utter nonsense. The GDPR / Data Protection Act 2018 does not apply when the data is required in connection with legal proceedings.

Email the company back, and say that you are intending to join the landowner as a party to the case, pursuant to CPR 19.4, and they are required by law to furnish you with his contact details. Also suggest that they ask the landowner for a list of dates when he will be unable to attend a court hearing. Suggest that, if they refuse to do this, you will apply to the Court for a Mandatory Injunction compelling them to do so, and that you will seek to recover the costs of the Injunction from them.

Coupon-mad

Did you give the address of the driver as well as their name?  And can prove that?

If so, I'd be laughing my head off if they file a claim against the keeper!  You may as well email:

enforcement@parkingeye.co.uk

and quote the POFA at them, which says a transfer of liability means that the keeper CANNOT be held liable and the rights under Sch4 'no longer apply' as long as the driver was named (with postal address for service) before court action commenced.

The 28 days is something the Trade Bodies have made up.

D_P_Dance

Unfortunately due to GDPR regulations I am unable to release to you the landowners details.

Surely it is in the public domain.

millie67_2

Bargepole, I have replied to the email with your quote let’s see what they say...

Coupon-mad, Yes I did and can, it’s my son and he lives with me (was at his uni accommodation at the time)  If that’s the case, would I be better going to court as I can prove to them that I supplied the driver details at LBCCC stage and they might then rule in my favour, otherwise if I stress the point what will definitely happen is they will then pursue my son?

Coupon-mad

I agree!   You have a perfect defence.  Sit tight then, and as I said, if you get a claim, you are laughing!

millie67_2

Coupon-mad said:

I agree!   You have a perfect defence.  Sit tight then, and as I said, if you get a claim, you are laughing!

I really hope so... I will wait to see what arrives next and then post again, thank you 😊 

millie67_2

Coupon-mad said:

I agree!   You have a perfect defence.  Sit tight then, and as I said, if you get a claim, you are laughing!

Hi, I appealed to BPA stating that I Have supplied PE with the driver information at LBCCC stage but this is their reply

Please note that both the keeper and the driver can appeal a parking charge. However, the keeper will have 28 days from the date of issue of the Notice to either appeal or transfer liability to the driver.  After this timeframe it will no longer be possible to transfer liability to the driver. It seems that you have chosen to appeal the charge as the keeper and are now liable for the charge.

 

I’ve been unable to determine a breach of our Code based on the information provided and will not investigate further on this occasion. I’m sorry we can’t assist you with this matter.

nosferatu1001

ASk them to state precisely, under POFA2012, where this time limit of 28 days is stated, as all you can find is....(the link to the "before proceedings" part)

Le_Kirk

millie67_2 said:

Coupon-mad said:

I agree!   You have a perfect defence.  Sit tight then, and as I said, if you get a claim, you are laughing!

Hi, I appealed to BPA stating that I Have supplied PE with the driver information at LBCCC stage but this is their reply 

Please note that both the keeper and the driver can appeal a parking charge. However, the keeper will have 28 days from the date of issue of the Notice to either appeal or transfer liability to the driver.  After this timeframe it will no longer be possible to transfer liability to the driver. It seems that you have chosen to appeal the charge as the keeper and are now liable for the charge.

 I’ve been unable to determine a breach of our Code based on the information provided and will not investigate further on this occasion. I’m sorry we can’t assist you with this matter.

nosferatu1001 said:

ASk them to state precisely, under POFA2012, where this time limit of 28 days is stated, as all you can find is....(the link to the "before proceedings" part)

The only place they looked would be in their own made up code of practice which, of course, is for them not the motorist.  They would struggle to find it in law.