Letter before a claim - next steps?

Redx

greenfalco said:

Redx said:

No issues , just means they don't have a suitable database search under the subject name , meaning you , as they are required to do

When you reply , remind them that you want ALL your data as the data subject , for every PCN they have issued to you , not just the one you tell them about !! ALL data

It's not a stupid question , it's a valid question

Thanks, I’m only aware of the one PCN, should I still ask for more than what I’m aware of?

thanks again
gf

That's what I said , you want copies of all data under your name , be it British gas , easyJet or in your case this parking company , it's about the data subject , the person , so the DPO should find all data under your name , including all invoices , not just ones you give the references for

If you are called John Henry Smith , then it's all data about John Henry Smith

greenfalco

Response from MP office:

“Thank you for this information about your parking fine in 2019.

I have written to Euro Parking services on your behalf and copied in the land owner Parcap Group. I have received an automated acknowledgement and so they have received my email. It states that my email will be investigated and I should hear within 21 working days!

I will be in touch as soon as I hear anything. Though they may contact you directly.”

GF

greenfalco

greenfalco said:

Response from MP office:

“Thank you for this information about your parking fine in 2019.

I have written to Euro Parking services on your behalf and copied in the land owner Parcap Group. I have received an automated acknowledgement and so they have received my email. It states that my email will be investigated and I should hear within 21 working days!

I will be in touch as soon as I hear anything. Though they may contact you directly.”

GF

Should I request a copy of the e-Mail they sent?

regards
GF

Redx

greenfalco said:

greenfalco said:

Response from MP office:

“Thank you for this information about your parking fine in 2019.

I have written to Euro Parking services on your behalf and copied in the land owner Parcap Group. I have received an automated acknowledgement and so they have received my email. It states that my email will be investigated and I should hear within 21 working days!

I will be in touch as soon as I hear anything. Though they may contact you directly.”

GF

Should I request a copy of the e-Mail they sent?

regards
GF

I wouldn't

greenfalco

Good afternoon,
Response from MP office (response to them from EPS):

"Further to my last email about your parking fine from 2019, I explained that I would write on your behalf to Euro Parking Services. I have now received the following reply from Rashpal Chana, MA FRSB CBiol PGCE BSc (Hons), Litigation Officer at Euro Parking Services:

“I write in response the complaint made by Mr (registered keeper) of (registered keeper address).

Mr (registered keeper) had parked at Chamberlain Buildings in an area which is not a marked bay, left his car to go to the shop and then left some 8 minutes later. I don't know if he has sent you a copy of the PCN, but I attach one. I also attach photographs of him leaving the car and the place it was parked. 

The site is clearly marked with signs stating "Parking must be in marked bays". He has clearly in contravention of the signs displayed, hence why he was issued the PCN. He was written to us at least 3 times before the matter was referred to Gladstones Solicitors. 

As we have incurred costs in sending out letters, DVLA searches, Gladstones Solicitors costs, I am afraid I cannot lower the amount now due.”

I replied to this email and asked specifically about the ANPR cameras and contravention date. Ms Chana replied:

“The site does not have ANPR cameras, the vehicle was monitored using CCTV. Furthermore the Notice to Keeper sent on the 12 March 2019, did not rely on the Protection of Freedom Act (2012).” 

I am really sorry but I am not sure what else we can do to assist you with this matter. Of course, if you decide to go to court you will need to seek legal advice.

Kind regards"

(Please let me know if anything needs redacting/removing from the above).

It seems the MP office doesn't want anything more to do with the matter. If it worth responding to my MP again?
I am a little confused by EPS's claim that the keeper has written to them 3 times before the matter was referred to Gladstones. The only communication from the keeper was the online appeal right at the beginning. The only communication after that was the SAR request (post Gladstones' involvement).

I am yet to receive a response from EPS (SAR request) and Gladstones' (case on hold request).

Many thanks as always.

GF

Coupon-mad

Just as an aside, why is a litigation officer signing off that he has a Masters in Biology!   Do they think an MP will be more impressed?

Rashpal Chana, MA FRSB CBiol PGCE BSc (Hons)

Shame not to be able to make better use of a decent degree and teaching qualification and I say that not as any personal slight but with disappointment, from the heart, as someone who has worked in education and whose adult kids are also Masters level scientists and don't work for parking firms.  

I'd email this person (copy in your MP for info) and say that you have seen their reply to your MP and would like them to explain their costs breakdown and explain what has been expended, because they said:

''As we have incurred costs in sending out letters, DVLA searches, Gladstones Solicitors costs, I am afraid I cannot lower the amount now due.”

QUESTION:  kindly explain, why are you telling an MP that the £2.50 paid to the DVLA is an additional cost, when this is a core cost from week one, that all recipients of a NTK would cover even if they paid £60 (discount).  All NTKs include the costs of the operation and certainly the DVLA early cost, so it can't be counted again to try to justify slapping additional false costs on top of £100.

QUESTION:  why are you saying that you have paid costs to Gladstones?  Correct me if I am wrong, but looking at adverts for their services over the years, they are known to operate for no money up front, on a no-win-no-fee basis. So, what money has your firm paid to Gladstones?  Nothing at this point (or a minimal fee offered to IPC members?).  And even if you have, this is covered by the capped £50 legal fees allowed in the Civil Procedure rules and again, can't be counted twice as a way to subvert the CPR cap.  When you issue a claim, if you feel you have a case against me as registered keeper, despite not bothering to use the POFA, you can add £50 in legal fees but it would be an abuse to attempt double recovery.

QUESTION: Please explain again why you have added £60 on top of the already almost doubled parking charge, given that the Supreme court case of ParkingEye v Beavis established that an £85 parking charge (minus the bounty paid to the landowner each month) more than covered all costs and a profit, even in a case that progresses to court.  So, what is the £60 for?  At least have the courtesy not to invent reasons why you have inflated the 'costs' and spare me the answer that 'our Trade Body says we can' because that is not a justification for costs in law.

They also admitted they cannot hold a keeper liable:

“The site does not have ANPR cameras, the vehicle was monitored using CCTV. Furthermore the Notice to Keeper sent on the 12 March 2019, did not rely on the Protection of Freedom Act (2012).” 

QUESTION:  on what basis are you trying to hold me liable?  Do you have evidence photos from CCTV of the driver, so assist me to pass the notice to them and transfer liability, as is my right before court action commences?  I now formally ask you for all CCTV evidence (not just snapshots, moving images if you have the full capture of events) and this is my right under the pre-action protocol.

I have copied in my MP because your response is far from satisfactory.  Your company will be required to do better than this once the MHCLG's new Code of Practice and scrutiny regime holds parking firms to a regulatory framework and you will be required to supply a proper, independent ADR in future to help future victims of this rogue industry.   Please reply to my questions and your replies will be shown to the Judge in due course.

greenfalco

Coupon-mad said:

Just as an aside, why is a litigation officer signing off that she has a Masters in Biology!   Do they think an MP will be more impressed?

Rashpal Chana, MA FRSB CBiol PGCE BSc (Hons)

Shame not to be able to make better use of a decent degree and teaching qualification and I say that not as any personal slight but with disappointment, from the heart, as someone who has worked in education and whose adult kids are also Masters level scientists and don't work for parking firms.  

I'd email this person (copy in your MP for info) and say that you have seen their reply to your MP and would like them to explain their costs breakdown and explain what has been expended, because they said:

''As we have incurred costs in sending out letters, DVLA searches, Gladstones Solicitors costs, I am afraid I cannot lower the amount now due.”

QUESTION:  kindly explain, why are you telling an MP that the £2.50 paid to the DVLA is an additional cost, when this is a core cost from week one, that all recipients of a NTK would cover even if they paid £60 (discount).  All NTKs include the costs of the operation and certainly the DVLA early cost, so it can't be counted again to try to justify slapping additional false costs on top of £100.

QUESTION:  why are you saying that you have paid costs to Gladstones?  Correct me if I am wrong, but looking at adverts for their services over the years, they are known to operate for no money up front, on a no-win-no-fee basis. So, what money has your firm paid to Gladstones?  Nothing.  And even if you have, this is covered by the capped £50 legal fees allowed in the Civil Procedure rules and again, can't be counted twice as a way to subvert the CPR cap.

They also admitted they cannot hold a keeper liable:

“The site does not have ANPR cameras, the vehicle was monitored using CCTV. Furthermore the Notice to Keeper sent on the 12 March 2019, did not rely on the Protection of Freedom Act (2012).” 

QUESTION:  on what basis are you trying to hold me liable?  Do you have evidence photos from CCTV of the driver, so assist me to pass the notice to them and transfer liability, as is my right before court action commences?  I now formally ask you for all CCTV evidence (not just snapshots, moving images if you have the full capture of events) and this is my right under the pre-action protocol.

I have copied in my MP because your response is far from satisfactory.  Your company will be required to do better than this once the MHCLG's new Code of Practice and scrutiny regime holds parking firms to a regulatory framework and you will be required to supply a proper, independent ADR in future to help future victims of this rogue industry.  At least have the courtesy not to invent reasons why you have inflated the 'costs' and spare me the answer that 'our Trade Body says we can' because that is not a justification for costs in law.

Thanks again Coupon,
I am happy to write to Rashpal Chana as described above. Just to check, I assume this won't cause any future implications (as long as I don't name the driver).
As a side note... please google the name 'Rashpal Chana', shocking!

Regards
GF

Coupon-mad

OMG it's the same guy isn't it?  (the MP was wrong to assume this is a 'she' so you may wish to put your MP right).

If you Google the name plus the qualification the photo shows (I think) that this is the same person as in the news article. 

I hope I am wrong and I make no comment about the article.  It is simply a fact in the public domain.

No, you will actually be better off if you ask these questions now, because you can show this exchange in court.

Coupon-mad

By the way I edited my advice and added another question since you quoted it.

greenfalco

Coupon-mad said:

By the way I edited my advice and added another question since you quoted it.

Just to check, should I start a new e-mail or just reply to the MP's e-mail?