CST Law Claim on behalf of Euro Car Parks for £1.2K for parking on private land

Coupon-mad

No, you don't send a SAR to the solicitor, they hold nothing at all and are making it up as they go along with a lack of info, just the PCN number and your data and some basic info the PPC has told them.

I'm about to send SAR - should I note that this in response to Claim (and attach form) or just simply send SAR and attach another letter which confirms my identity? 

You don't muddle up data stuff with the response to claim.  Data stuff is emailed to the DPO of the parking firm and that's the SAR and the request to erase the old address in case they later use it.

Secondly: Is it a fair or credible defence if the driver if, for whatever reason, the registered keeper /drive never had sight of the PCNs initially sent?

It's a fact, not a defence, and of course it goes into your defence.

Like in all the quadrillions of examples you care to read for inspiration, many of which start by the D saying the first they knew about the claim was xx letter. and they did not receive a PCN.  This is normal and there are examples like this literally all over the forum in claim threads.  Read about ten, by clicking on relevant thread titles going back 20 pages or so on the forum, you will pick up lots of good wording for your points 2 and 3.

Yawn1

General update:

I have sent done my AoS as of yday and also submitted a SAR to ECP's DPO.

Next few weeks will be spent preparing and strengthening my defence. I've trawled through some of the ancient threads. Interestingly in one post few years ago Coupon Mad mentioned ECP almost never go to Court; that seems to be true as I'm struggling to find historical claims they have taken all the way in the last few years. 

Umkomaas

Yawn1 said:

General update:

I have sent done my AoS as of yday and also submitted a SAR to ECP's DPO.

Next few weeks will be spent preparing and strengthening my defence. I've trawled through some of the ancient threads. Interestingly in one post few years ago Coupon Mad mentioned ECP almost never go to Court; that seems to be true as I'm struggling to find historical claims they have taken all the way in the last few years. 

Have you required the solicitors to place your case on hold for a minimum of 30 days while you seek debt advice (using those words)?

Nothing stands still in private parking. Anything from a 'few years ago' should not be relied on today. While ECP are not in the vanguard of PPC litigants, they have started to put their head above the litigation parapet. Times are Covid-tough for all PPCs (up to 80% reduction in income) so they are all exploring fundraising avenues. 

Multiple tickets are always very attractive for pursuit, even to the most litigation-benign of PPCs. 

Redx

As this is a live Court claim , nobody will be placing it on hold. 😁😁

Read a dozen cases from this year as inspiration for your own defence , the large sum involved will spur ECP on , low hanging fruit gets picked first , and they are testing the waters with people like you !!

When your draft paragraphs are ready , post them below , because 90% of your Defence is already written by coupon mad

I hope that you did the AOS online on the MCOL website , not royal mail ?

Yawn1

Redx said:

As this is a live Court claim , nobody will be placing it on hold. 😁😁

Read a dozen cases from this year as inspiration for your own defence , the large sum involved will spur ECP on , low hanging fruit gets picked first , and they are testing the waters with people like you !!

When your draft paragraphs are ready , post them below , because 90% of your Defence is already written by coupon mad

I hope that you did the AOS online on the MCOL website , not royal mail ?

I did suspect I'd be a test dummy for ECP. Hopefully I'm able to knock them back a bit and set a useful precedent for other comparable disputes. That said, it will be interesting to see any attractive offers are made in mediation.

I did AoS on MCOL. So will be checking every so often for updates.

Umkomaas

As this is a live Court claim , nobody will be placing it on hold. 😁😁

Oops, missed that!  Thanks @Redx. 👍

D_P_Dance

Have you counter claimed?  If not are you considering one.  They may have infringed you data protectin/leasehold rights and/or harassed you.   

KeithP

Yawn1 said:

Redx said:

As this is a live Court claim , nobody will be placing it on hold. 😁😁

Read a dozen cases from this year as inspiration for your own defence , the large sum involved will spur ECP on , low hanging fruit gets picked first , and they are testing the waters with people like you !!

When your draft paragraphs are ready , post them below , because 90% of your Defence is already written by coupon mad

I hope that you did the AOS online on the MCOL website , not royal mail ?

That said, it will be interesting to see any attractive offers are made in mediation.

Really?

Are you planning to take part in mediation then?

D_P_Dance

If so, might one ask why?

Yawn1

KeithP said:
Are you planning to take part in mediation then?

I read somewhere that judges prefer to see that some sort of attempt was made at resolution before reaching court, and that an overly militant approach doesn't always go down well, unless I'm misinformed?

D_P_Dance said:

If so, might one ask why?

One is reason above. Additionally - I recognise that if I'm offered a significantly lower charge (e.g. 50%) it may be in my best interest than being mandated by court to pay full amount or more.