Forbidding signs and pre existing rights

Coupon-mad

Yes that's OK and reminded me to tell you I re-wrote a new paragraph 4 onwards to replace the template defence:

https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299

Adapt my paragraph about the LBC not including any images of the contract (sign) as there's no point having 2 paras about the LBC.

Debt recovery 'cost/fees' are now banned from being added to parking charges, and that new wording explains to a Judge why that is relevant for existing cases, too.

Also read the whole new DLUHC Code of Practice because it covers all the ususl points and issues, and states the best practice position.

Not retrospective but you can use it in a WS to effectively say 'Here's what a professional parking firm should have done'.

Trainerman

Have done as above, sent off defence for neighbour, shows on MCOL as received. Keeping all these cases on one thread as they are all identical and I will be lay repping anyway.  I have a question-

My own SAR was answered today, by OPS. Now, missing from this is any of the emails that I sent them well before ticketing started. I regard these as important for all of our defences, and suspect they are trying to deny receipt.

I am working on the basis that we will end up in Court, so should I chase them for these, or practically speaking, it would be a waste of time as proof of sending would be enough in Court? I do have acknowledgement of receipt from BPA

Coupon-mad

I would leave it and use your own 'sent items' and BPA acknowledgement as exhibits, aa proof of your earlier emails.  At WS stage, working on it the month before the hearing. 

Trainerman

Thanks very much @Coupon-mad. Works for me 

95Rollers

Trainerman said:

My own SAR was answered today, by OPS. Now, missing from this is any of the emails that I sent them well before ticketing started. I regard these as important for all of our defences, and suspect they are trying to deny receipt.

I am working on the basis that we will end up in Court, so should I chase them for these, or practically speaking, it would be a waste of time as proof of sending would be enough in Court? I do have acknowledgement of receipt from BPA

OPS don't like submitting evidence or releasing your Data under a SAR if they feel it would harm their case. I recently beat them in court over a double dipping style case.
When I sent SARs they skirted round questions asking of lawful authority, legislation, powers etc and refused me a copy of my ANPR data from the ANPR log.  So I answer to your question I just highlighted their lack of cooperation and inconsistencies on my WS in great depth.

I exhibited a copy of the Email trail - highlighting their refusal of my personal Data and lack of cooperation. I also highlighted the fact they couldn't clear up any ambiguities or answer reasonable questions. I suggest you should evidence your Email trail with them. Especially more so if it's got more holes in it than a piece of Swiss cheese! 🧀 

Fruitcake

Each and every failure to supply your personal data following an SAR should be reported to the ICO, and possibly your MP.

D_P_Dance

If you thinl that DCB Legal have acted unprofessionally complain here

https://www.sra.org.uk/consumers/instructing/your-right-to-complain/

Have yo complained to your MP?

Trainerman

Thanks for the input all. Seems I can just go for it at WS and have BPA acknowledgment as well as sent folder to work with. I have a complaint in with (new) MP but yet to get a response. The person who had the LoC arrive after Court proceedings were started is a bit iffy about action through SRA, but I am working on it.

Thanks again all, really nice to know that I can get such knowledgeable responses when I do have a question

Trainerman

The neighbour who I am helping has checked Mcol and now sees that the claimant filed DQ back in May, yet nothing has yet been received through the post. My thought is to download one, fill it in and email back just in case we end up missing a step due to postage problem.

Any other suggestions?

KeithP

Trainerman said:

The neighbour who I am helping has checked Mcol and now sees that the claimant filed DQ back in May, yet nothing has yet been received through the post. My thought is to download one, fill it in and email back just in case we end up missing a step due to postage problem.

Any other suggestions?

Does the MCOL Claim History indicate that the CCBC has sent a DQ to the Defendant?

If so, then just follow the guidance in points 8, 9 and 10 in the checklist in the Template Defence thread.