Court Hearing - Premier Parking Logistics

uksniper

Hi, I've received a court claim dated 24 Nov 2020 and I am yet to provide an AOS on MCOL.

The claimant is Walton Wilkins T/A Premier Parking Logistics.

Particulars of claim

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to the vehicle {My Vehicle Reg} at {Street} - {Street Code}.
2. The PCN details are XX/XX/2018,{PCN Number}
3. The PCN(s) was issued on private lan owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the contract) thus incurring the PCN(s).
4. The driver agreed to pay within 28 days but did not.
5. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The contract entitles C to damages.
AND THE CLAIMANT CLAIMS

1. £160.00 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgment or sooner payment.
3. Costs and court fees

Background is my vehicle was parked on a private pay and display piece of land. A pay and display ticket was purchased that covered 3 hours at a cost of £1.50 by the driver. The driver was late returning to the vehicle and a PCN was issued 24 minutes following the expiry of the pay and display ticket. The PCN states 'Ticket Expired'.

As the owner I received several letters from the parking company which I ignored and also ignored any letters from debt collection companies that were received.

As a matter of principle, I felt the penalty fee of £100 was very steep when considering if the driver of the vehicle had put another 50p in the meter the ticket would have covered the overstay. The PCN stated a fee of £60 if paid within 14 days - although I didn't see this part at the time I was shown the PCN.
I also noted the signage appears to have a "terms and conditions" section under the pay tariffs which states "failure to adhere with the following terms and conditions will result in the offending vehicle being liable to be issued a penalty charge notice" but doesn't state the value of the penalty fee. A further sign does state a penalty fee, however the driver would not have even looked at this secondary sign.

I am interested if anyone believes this claim is defendable before I complete complete an AOS?

Thank you for your time to read my post.

KeithP

uksniper said:

Hi, I've received a court claim dated 24 Nov 2020 and I am yet to provide an AOS on MCOL.

With a Claim Issue Date of 24th November, you have until Monday 14th December to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Tuesday 29th December 2020 to file your Defence.

That's 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

uksniper

Thanks Keith,

I've also just noticed the demand for £160 I'm not sure where that will have come from. The additional £60 must be what they consider damages although not mentioned on either sign?

Redx

Plenty of WW PPL cases on here at the moment so read them, especially this one

https://forums.moneysavingexpert.com/discussion/6219989/pcn-request-for-disclosure/p1

Email a SAR to the DPO at PPL attaching a copy of the claim form as proof of I D under the GDPR law , if not done already

uksniper

Thanks RedX, I already contacted PPL in reference to SAR and they just told me to go to their website using the PCN number which allowed me to see their photo's and PCN details. I assume this is all I would have expected from them?

Were_Doomed

If you've sent a formal SAR then their response is completely unacceptable - report them to ICO?

Castle

uksniper said:

Thanks RedX, I already contacted PPL in reference to SAR and they just told me to go to their website using the PCN number which allowed me to see their photo's and PCN details. I assume this is all I would have expected from them?

Here's what they are legally required to provide you with; if you ask:-
https://gdpr-info.eu/art-15-gdpr/

Redx

Ask again with 7 days notice, if they don't comply , complain to the ICO plus complain about PPL to dcb legal and tell them to instruct their client to comply with the law , do both in writing

uksniper

Were_Doomed said:

If you've sent a formal SAR then their response is completely unacceptable - report them to ICO?

I'd sent an email as below first forgetting to add about SAR;

Dear Sir/Madam,

In relation to the excess charge notice Ref: {PCN NO} issued on XX/XX/2018, can I request the following information;

1) Pictures of the signage at the time the PCN was issued.

2) Pictures of my vehicle ({VEHICLE - VRN {VRN NO}) parked in the space at the time the PCN was issued.

Kind Regards,

I then replied to my original email and added to the top of it;

Please see below;

{KEEPER FULL NAME}
{KEEPER ADDRESS}

I am requesting this information under my rights of a Subject Access Request as per GDPR regulations.

Kind Regards,

Would that satisfy as an official SAR?

KeithP

Yes, although pictures of the signs are not personal information so can be refused in a SAR response.

uksniper

Redx said:

Ask again with 7 days notice, if they don't comply , complain to the ICO plus complain about PPL to dcb legal and tell them to instruct their client to comply with the law , do both in writing

I will do this again now, thanks Redx.

Thanks Castle for advising on what I should have received.