Letter of claim threat of ccj

Smithy2000

Redx I haven’t replayed to them in nearly 3 years,
previously the car park was not run by any parking company, I used to stop there for my morning cup of tea. 

The day in question a local shop keeper approached me and informed me I was now in pnd car park and I would get a ticket,so I drank my tea and moved on.I didn’t see any signage on my way in or out,I was there 15mins max the car park was empty at the time(7.30am) there was no lose of earnings resulting in me mistakenly parking there so the sum they are demanding are extortionate to the cost of the parking.
I am finding advise on what to do on these forum slightly confusing as what to do next?

any help would be appreciated 

Redx

Already told you

Plan A , complain to the landowner

Plan B , appeal to the parking company Claimant , too late

Plan C , ADR , too late

Plan D , argue it in court , within 6 years

For now you

Try plan A

Email a SAR to the DPO at Britannia private parking company

Tell the legal beagles to place the matter on hold for 30 days whilst you seek debt management advice

Lastly , prepare for an MCOL Court claim pack from the CCBC in Northampton , because that is where this is heading , whether you like it or not

Fruitcake

This is the page where you started, and where you clicked on the Start Post button.

Parking Tickets, Fines & Parking — MoneySavingExpert Forum

The third thread down is the NEWBIES that asks everyone to read it first. The fifth post has a list of common abbreviations and acronyms. You should print it off or write them out.

The second post of the NEWBIES deals with court claims from LBC/LOC to the hearing itself. You need to get stuck into it.

Coupon-mad

Yes read the 2nd post of the NEWBIES thread over the weekend and it looks better to respond to a LBC so do as the thread tells you to do.

Have you looked at this week’s threads and seen that there’s only 3 weeks left to do this:

Government Consultation re private parking charge levels, August 2021: PLEASE BOOKMARK THIS THREAD — MoneySavingExpert Forum

We are calling for everyone to do a full and robust response by email to the MHCLG, attaching evidence of what happened to you and what you think is wrong about £100 charges and fake debt recovery ‘fees’ that no PPC actually incurs or pays. 

We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a pop? 

Posters are being encouraged to ask their MPs to ask questions about why  PPCs have been allowed to persuade the MHCLG that they can add £70 per PCN for sending the same letters ParkingEye always do.  

That would be handing ParkingEye maybe £70m extra per annum from public pockets!  

Even where your PCN isn’t from that company (and pretty much all others do add the unrecoverable costs and all the ex clampers certainly do) I am sure you object as we do to this extortionate illegality!

https://forums.moneysavingexpert.com/discussion/comment/78517562/#Comment_78517562

To anyone reading this: 

PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER.

The proposals breach primary law!  I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)

Smithy2000

10/08/21

Britannia parking group limited

Dear Sir or Madam

I refute any debt owed and will be seeking debt and legal advise regarding this matter,i have never used a pay and display car park without paying,i dont not believe the land was in use on the day the pcn was issued

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

Please supply the data about me that I am entitled to under data protection law relating to myself.

-Landowners details

All letters/emails received including any appeal correspondence

-all photos/video taken of the vehicle in/out of the said car park.

-when the pay and display was commenced along with a copy of the pdt machine record from the day of payments made.

-full copy of pcn and ntk

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

Yours faithfully

Smithy2000

any help or advise would be appreciated.

Le_Kirk

Remove the last part [If you need any more data from me to confirm my identity...]; don't offer them any chances to delay issuing your data.  They only need a copy of your V5C to prove your identity.  You could use a copy of the PCN or letter claim plus a redacted (no financial detail) copy of your Council Tax bill if you are no longer the RK of the vehicle.  No photo ID is required.

Smithy2000

We have received your Subject Access Request, under ICO guidelines we have one calendar month to respond.

Please be aware we will send a copy of all personal data we hold only. If you have made a request for any additional information which does not qualify as personal data, please see below.

YOU’RE REQUEST FOR ADDITIONAL INFORMATION



Landowner agreement - You are not entitled to business sensitive information, it will only be supplied at court, as evidence and not before.
Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence at court.
Machine reports - You are not entitled to transactions which do not relate to you, you will be provided with your transaction only. We are under no obligation to provide you with anything further.
Picture packs - A copy of the signage will be provided as evidence at court.
Your Subject Access Request is free, however please be aware we are able to charge for additional copies and any requests for information which does not qualify as personal data. ICO guidelines advise we are able to charge a reasonable administration fee, which is £10. 

Please send a cheque payable to Britannia Parking to the following address: Data Protection Officer, County Gates House, 7th Floor, 

Include a list of the additional information you require and the PCN number/s. 

Once the cheque has cleared we will action your request. We will only send additional information which is not business sensitive.

Please refer to the ICO website for further information: 

If you do not wish to pay £10, we are under no obligation to provide you with the information, your only options is to wait until this matter progresses to court, when it will be adduced as evidence. 

Once you are in receipt of your SAR, all additional correspondence regarding the request for additional information will not be responded to, unless payment of £10 is received.



Regards ,

Data Protection Team

Umkomaas

Standard response. The £10 surcharge can be levied, but usually where there are subsequent/duplicate requests. The bottom line is that they are required to provide you with all the personal data they hold about you and your vehicle's VRM. 

Their list of exclusions is correct, so no point in pursuing/expecting anything on that. 

Smithy2000

Good Morning

 

Thank you for your recent email, the contents of which have been noted on file.

 

We can confirm we have placed the above account on hold for a period of 30 days to allow you sufficient time to seek debt advice. Please be advised, once this hold expires collections activity will continue.

 

Should you have any queries please contact our office on 0113 487 0432, or alternatively sign in or register on our Online Customer Portal at www.bwlegal.co.uk. 

 

Kind Regards,