Parking fine at my own residential estate

Jenni_D

Report them to ICO ... requiring photo ID is absolutely unnecessary! The PCN and the V5C is all they need as proof of identity. (You could offer to provide a redacted copy of a utility bill).

We didn't need to see @Coupon-mad's homework - just yours. The para after para 3 needs its own para number; but that para reads like a "what happened" so isn't really relevant for a defence. Perhaps:

3.       The facts are that the vehicle, registration XXXX XXX, of which the defendant is the registered keeper, was parked on the material date in a parking bay that is marked to be used by Visitor / Disabled drivers of the residential estate. The defendant's vehicle was parked on the material date in that location as the Defendant's allocated parking bay was being used by an unknown vehicle. This was reported to the Claimant to allow them to take necessary action. After the PCN was issued the Claimant were consulted and they confirmed to the Defendant that the PCN was issued in error (it should have been affixed to the vehicle in the Defendant's parking space) and could be ignored.

Do you have any evidence in writing (email is OK) about what was said by them?

Fruitcake

tom_hungston said:

Regarding SAR request, PPC is not accepting court document as a proof of id and insisting that we should supply either driving licence or passport copy.

Should I go ahead and supply it to PPC by email...?

If the court document you refer to has your name and address on it, then that is perfectly acceptable as a form of ID. Never send photo ID. It is not required, and the PPC has nothing to compare it to anyway.

Complain to the PPC about their failure to accept the court document as proof of ID.
Complain to their ATA as well.
Complain to the ICO.

You could send a copy of your V5C as proof of ID if you wish and see what they do with that.

tom_hungston

Jenni, I don't have anything in writing from them. it was a phone conversation with their staff and I believed that PCN will be removed as I am the tenant of the estate :-( I should have asked for that in writing and its all my fault that it has gone this far.

Jenni_D said:

Report them to ICO ... requiring photo ID is absolutely unnecessary! The PCN and the V5C is all they need as proof of identity. (You could offer to provide a redacted copy of a utility bill).

We didn't need to see @Coupon-mad's homework - just yours. The para after para 3 needs its own para number; but that para reads like a "what happened" so isn't really relevant for a defence. Perhaps:

3.       The facts are that the vehicle, registration XXXX XXX, of which the defendant is the registered keeper, was parked on the material date in a parking bay that is marked to be used by Visitor / Disabled drivers of the residential estate. The defendant's vehicle was parked on the material date in that location as the Defendant's allocated parking bay was being used by an unknown vehicle. This was reported to the Claimant to allow them to take necessary action. After the PCN was issued the Claimant were consulted and they confirmed to the Defendant that the PCN was issued in error (it should have been affixed to the vehicle in the Defendant's parking space) and could be ignored.

Do you have any evidence in writing (email is OK) about what was said by them?

Coupon-mad

No, it’s all their fault it has gone this far!

Use Jenni’s version and send the scammers a copy of theV5C logbook as evidence of who you are.  DEFINITELY not any photo ID which is excessive data.

tom_hungston

Great,

thanks alot for the advice, I've used Jenny's version as per your instruction above.
now its sitting tight and waiting to hear back from the court with hearing date.

tom_hungston

I have done exactly as you've mentioned. I said I'm not gonna send any of my id as its not required by law and I said (as per Jenny's suggestion) I'm also going to speak to ICO about this and to my surprise I had all photos, etc arrived special delivery :-) 

Thank you for the help. I need PCC to spend/waste more money in post and on solicitors like this so that they can go out of business :-)

tom_hungston

There is an update on the claim. County court have given judgement in the favor of the parking firm. They said that its on the basis of legality of the case. I made a mistake as  I sent in all photos, etc. that I was intending to use when giving evidence in court in person and no written witness statement was given. the fact is that I forgot to put one crutial point in my defense statement that there is no sign that tells drivers who can OR can't park there. the sign is ambiguous as has disabled sign as well as visitors parking written in the bay.

they've awarded sum of around £240 in total. Is there anything I can do now to appeal and add on more information for the case...? as english is not my mother tongue and I didn't understood the court procedure correctly.

Any help from you guys would be much appreciated.

Coupon-mad

So sorry, no WS means you lose.  The Judge could not consider your photos with no signed WS.  

This is why the NEWBIES thread has a section in RED CAPITALS in the court claim 2nd post, called 'Important: know what happens when'.  It tells everyone that defence is not their only job and you'll lose even a well defended case, without a WS.

So sorry.  You must pay in full within 30 days to avoid a CCJ ruining your credit rating.