Lancaster University parking tickets from First parking LLP - Please help! 26 January at 12:27AM in Parking Tickets, Fines & Parking 37 replies 531 views

anonaMouse2021

Hi guys - I have read the newbie thread so hopefully I am doing the right things here. Any help would be much appreciated.
There have been 4 parking tickets issued to 2 vehicles that I was the registered keeper of in the past 4 years.
From what I have, the wording and timing of the NTK are POPLA compliant.
These tickets have gone from £45 to £75 for not paying in 2 weeks, then to £160 once the external debt collection companies got involved. 
I have ignored them as guided as I did not appeal them. 

I now have a letter of claim from DCB legal solicitors - requesting £160 for the most recent fine within 30 days etc or it will go to court.

I have requested a SAR from First Parking and told the solicitors to hold for 30 days as per advice. First Parking have responded and asked what car registration I need the SAR for, I haven't yet replied but there are two registrations technically that I would have to tell them.

My main questions/points for advice are:
1. Do they have to take me to court for all the fines they are requesting from me, or can they just attempt this one?
2. Do I send them both registrations?
3. What defence is suggested here? I know I have seen a couple of similar threads involving the same Uni and company, is a defence of abuse of process a point that could be included for example?

Many thanks for your help, I am under the impression that they could try to swindle me for 160x4+legal costs here - this is worrying me a little.

Redx

you mean POFA compliant , not POPLA

1) they should do all of them in one go due to the legal doctrine of cause of action estoppel

2) its up to you, but they should have your data under your name, never mind vehicles ID

3) abuse of process is not a defence at all, it was a mechanism to stop all those extra charges, which are actually double recovery, not A O P , so its no defence to the main issues , the core issues , the 4 pcn,s

the coupon mad template from oct 2020 is the main defence, with only 2 paragraphs to adapt accordingly

the true charges are 4 x £75 plus legal fees and court costs of up to say £100 = £400 if you lost, or less

anonaMouse2021

Redx said:

you mean POFA compliant , not POPLA

1) they should do all of them in one go due to the legal doctrine of cause of action estoppel

2) its up to you, but they should have your data under your name, never mind vehicles ID

3) abuse of process is not a defence at all, it was a mechanism to stop all those extra charges, which are actually double recovery, not A O P , so its no defence to the main issues , the core issues , the 4 pcn,s

the coupon mad template from oct 2020 is the main defence, with only 2 paragraphs to adapt accordingly

the true charges are 4 x £75 plus legal fees and court costs of up to say £100 = £400 if you lost, or less

Sorry yes I meant POFA - still quite new to this.

1. So would it be advised to contact the solicitors or first parking to tell them to claim it all at once then?
3. So is the reason it is likely to end up with me being charged 75 instead of 160 is because it is just double recovery and not reasonable? Just so I understand correctly.

I will have a look and start trying to adapt template and post what I come up with on here. In the middle of a stint of 13 hour shifts here so my brain is in go slow mode...
And those costs you have calculated are more palatable if I were to lose at least. I was worried I may have to pay their solicitors fees or something.


Thankyou so much for the swift response, I really appreciate it.

Coupon-mad

1. So would it be advised to contact the solicitors or first parking to tell them to claim it all at once then?

Yes.  Been done loads of times.  Search the forum for the right wording, look for 'cause of action estoppel Henderson' or 'consolidate Henderson'

2. So is the reason it is likely to end up with me being charged 75 instead of 160 is because it is just double recovery and not reasonable? Just so I understand correctly.

Yes and no.  The added sum described as damages or 'contractual costs' or whatever drivel they've said, is false.  It is double recovery, yes, and most Judges get that.
You are not likely to be charged anything because we win, so you are almost certainly not looking at £75 per PCN.   People who win, pay zero and usually get their (minimal) costs too!

nosferatu1001

For the SAR, tell them they are required to send ypou YOUR personal data, using YOUTR name and address. If their systems are incapable of doing so, then let you know so you can inform the ICO that they are nto compliant with the DPA2018 and to take enforcement action

anonaMouse2021

nosferatu1001 said:

For the SAR, tell them they are required to send ypou YOUR personal data, using YOUTR name and address. If their systems are incapable of doing so, then let you know so you can inform the ICO that they are nto compliant with the DPA2018 and to take enforcement action

I have told them this and they have told me that as a parking enforcement company dealing with hundreds of parking charge notices to which some have not been allocated to a driver or keeper, their systems do not have the ability to search by name or address and require the vehicle registration mark or PCN number.

Does this require a complaint to ICO then? Also, might it be useful to just give them my VRNs as I suppose I am losing time here.

Thoughts anyone?

Thanks

Redx

both really

their database issues are not your concern, the law is the law and the DPA 2018 requires them to keep the data on people, not VRM,s or PCN references

so ah diddums is the reply , lol

but yes supplying VRM details may expedite matters and we usually advise attaching a copy of the V5C because it provides VRM (M for Mark , not N) details as well as Keeper I D too (and no other personal data either)

Umkomaas

their systems do not have the ability to search by name or address

Then how are they securely handling your personal data?  I'm sure the ICO won't be too impressed with 'we keep it on the back of a fag packet', will they?  Get your complaint off and see what the ICO say. 

Unfortunately, despite across-the-forum unrealistic expectation, we don't have the answer to every single question humankind can conjure up, often there is a need to go directly to the relevant authority for a, well, authoritative answer. 

anonaMouse2021

Update time!

I have asked both the solicitor and First Parking themselves to consolidate the claim - this has not happened.
I asked for my data and they have not sent me it and it has been over 1 month - and they have not provided a reason for this.

They have now sent me a Claim form for £155 plus the £75 legal fees.

I will get to work finishing the defence.

Questions:
1. How should I go about the breach of the DPA? Could it be included in my defence?
2. Should I email both the solicitors and the company AGAIN to tell them to consolidate this claim?
3. Any other general advice is much much appreciated

Thank you all so much for your help.

KeithP

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

anonaMouse2021

KeithP said:

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

12th March

Many thanks for swift response.