County Court Claim Form Defence

Charlie1900

Hi, I recently received a county court claim form due to a ANPR parking charge notice from a private parking company (PPC). The information provided in this forum is extremely useful.  I would be very grateful if you may help me to have a look at the defence document. 
I have ignored all letters from the PPC and the debt collector company. So I got the claim form. I have submitted AoS on the fifth day after the issuing date. I am the registered keeper but was not the driver. I adopted the coupon-mad template. 
Could you please help me to check point 2 and 3? The rest of the defence is just the same as the template.   

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.

3.     The Defendant were not the driver and firstly heard about the parking charge by post. The Defendant felt harassed by the bombardment of ‘debt recovery’ letters. The Defendant cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012, Schedule 4.

I am a bit worried. It seems that there are a set of requirements for the keeper liability to apply. However, why can I claim that the claimant is not complying with the requirements? Are we assuming the PPC is lazy? What if the PPC has done the work to meet these requirements? Will I lose the case? Thanks very much for your help. 

Charlie1900

sorry, "The defendant was" * rather than "The defendant were"

KeithP

What is the Issue Date on your County Court Claim Form?

On what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive to that.

Redx

Tell us the name of the Parking company ??

Email a SAR to the DPO at the PPC and attach a copy of the claim form as proof of I D under the GDPR law

When you get the SAR reply , check if the parking company complied with POFA , or not

If not , then they will assert that the keeper was also the Driver and are pursuing the keeper on that basis

Post the issue date from the claim form below to get your deadline

Charlie1900

Redx said:

Tell us the name of the Parking company ??

Email a SAR to the DPO at the PPC and attach a copy of the claim form as proof of I D under the GDPR law

When you get the SAR reply , check if the parking company complied with POFA , or not

If not , then they will assert that the keeper was also the Driver and are pursuing the keeper on that basis

Post the issue date from the claim form below to get your deadline

Britannia Parking
It's asking a £10 admin fee. 
Shall I pay or ask for less information and possibly avoid the fee? 

Charlie1900

KeithP said:

What is the Issue Date on your County Court Claim Form?

On what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive to that.

Issue date 30 October 
AoS filed on 4 November

KeithP

Charlie1900 said:

Redx said:

Tell us the name of the Parking company ??

Email a SAR to the DPO at the PPC and attach a copy of the claim form as proof of I D under the GDPR law

When you get the SAR reply , check if the parking company complied with POFA , or not

If not , then they will assert that the keeper was also the Driver and are pursuing the keeper on that basis

Post the issue date from the claim form below to get your deadline

Britannia Parking
It's asking a £10 admin fee. 
Shall I pay or ask for less information and possibly avoid the fee? 

Can you please tell us the precise name of the Claimant? There are variations of 'Britannia'.

£10 for what? For responding to a SAR? They cannot charge for that - not since May 2018 - Data Protection Act 2018.

Charlie1900

PPC: 
Britannia Parking Group
Limited T/A Britannia Parking

debt collector:
BW Legal

Charlie1900

£10 is said in the email below

++++++++++++

Dear Sir/Madam,

We have received your Subject Access Request, under ICO guidelines we have one calendar month to respond.

Please be aware we will send a copy of all personal data we hold only. If you have made a request for any additional information which does not qualify as personal data, please see below.

YOU’RE REQUEST FOR ADDITIONAL INFORMATION

• Landowner agreement - You are not entitled to business sensitive information, it will only be supplied at court, as evidence and not before.
• Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence at court.
• Machine reports - You are not entitled to transactions which do not relate to you, you will be provided with your transaction only. We are under no obligation to provide you with anything further.
• Picture packs - A copy of the signage will be provided as evidence at court.

 

Your SAR request is free, however please be aware we are able to charge for additional copies and any requests for information which does not qualify as personal data.  ICO guidelines advise we are able to charge a reasonable administration fee, which is £10.

Please send a cheque payable to Britannia Parking to the following address: Data Protection Officer, County Gates House, 7th Floor, 300 Poole Road, Poole, BH12 1AZ.

Include a list of the additional information you require and the PCN number/s. Once the cheque has cleared we will action your request. We will only send additional information which is not business sensitive.

Please refer to the ICO website for further information: [

If you do not wish to pay £10, we are under no obligation to provide you with the information, your only options is to wait until this matter progresses to court, when it will be adduced as evidence. 

Once you are in receipt of your SAR, all additional correspondence regarding the request for additional information will not be responded to, unless payment of £10 is received.

 

Regards

Data Protection Team

Britannia Parking

KeithP

Charlie1900 said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

On what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive to that.

Issue date 30 October 
AoS filed on 4 November

With a Claim Issue Date of 30th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 2nd December 2020 to file your Defence.

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

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

KeithP

Isn't that an automated response to your email?

Didn't you read this sentence?...

Your SAR request is free, however please be aware we are able to charge for additional copies and any requests for information which does not qualify as personal data.