Claim Form Received at old Address

D_P_Dance

If it is due, yeas.

Le_Kirk

Has 30 days passed since you submitted your SAR?  If so, chase them and report them to the ICO.  If not, sit and wait until it has.  Defences do not require the data that you will get from your SAR; this is more useful at witness statement stage.  Do NOT miss your defence filing deadline!

harmy69

Le_Kirk said:

Has 30 days passed since you submitted your SAR?  If so, chase them and report them to the ICO.  If not, sit and wait until it has.  Defences do not require the data that you will get from your SAR; this is more useful at witness statement stage.  Do NOT miss your defence filing deadline!

I originally submitted the SAR on the 27th of October to which they replied and said they need more information. I resubmitted with additional info on the 28th of October and also contacted their Solicitor via their contact page on the same day.

Issue date of the Claim form was the 11th of October so believe I have a week or so to submit the defence? 

Thanks. 

Coupon-mad

Yes but who cares about the SAR? Of course you just do the defence as on every other thread where people are awaiting a SAR.  That's not the point of getting the SAR and almost no-one gets it back before defence.

Le_Kirk

harmy69 said:

Le_Kirk said:

Has 30 days passed since you submitted your SAR?  If so, chase them and report them to the ICO.  If not, sit and wait until it has.  Defences do not require the data that you will get from your SAR; this is more useful at witness statement stage.  Do NOT miss your defence filing deadline!

I originally submitted the SAR on the 27th of October to which they replied and said they need more information. I resubmitted with additional info on the 28th of October and also contacted their Solicitor via their contact page on the same day.

In this case, they have until 27th November to respond.  As I said and as @Coupon-mad also wrote, SAR data is more useful at WS stage.

harmy69 said:
Issue date of the Claim form was the 11th of October so believe I have a week or so to submit the defence? 

See this post 14 October at 2:15PM by @KeithP for info on deadlines.

harmy69

Thanks guys. Working on the defence this weekend! 

harmy69

Hi guys, 

I am not sure how to attach the defence to this post but this is my copy and paste of point 3. of my defence. I have not altered any of the subsequent points of the template defence.  Do i need to add cases or photos for evidence to my defence at this stage? 

Thank you guys for your help.

Premier Parking Logistics

(Claimant)

- and -

Me

(Defendant)

____________________

DEFENCE

____________________

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.

3. At around (time and date) of November 2020 I was driving my car, (VRN) around the area of Allison Street and Coventry Street in Digbeth. I had turned left from the B4100 on to Allison Street.

The on road parking on Coventry Street, where I usually parked when visiting the City Centre had been full due to the busy time of day so after a few minutes driving around the local streets I drove back up Allison Street in the direction of the B4100 and decided to park in the “Indoor Car Park”.

There were two signs on the left as I approached the car park and a “Please Pay Here” sign next to the payment machine. None of these signs had any terms and conditions on them and simply stated “£5.00 ALL DAY”, a sign with opening hours and another stating “PARKING 80p” with an arrow pointing left indicating the entrance to the car park.

The entrance had no signs stating any terms and conditions neither on the wall closest to the driver side nor on the wall nearest to the passenger side of the car. The only signs on the wall were on the passenger side and these stated “PAY AT MACHINE ON OUTSIDE CAR PARK” and above that there was a sign stating “CCTV IN OPERATION ON THESE PREMISES”.

I drove into the car park and noticed it was very dark in there. The car park was poorly lit with seemed like lights only on the right side of the car park and the left side of the indoor area was amongst shadows.

I saw a space opposite to the entrance of the car park, next to a metal pillar and proceeded to park my car there. I parked my car up, taking note of the large metal pillar on the passenger side of my car. The position of the metal pillar is such that no other car is able to fit into that empty space between the pillar and the wall.

I exited my car and proceeded to the outside of the car park to purchase a ticket. As I came out of the car park I did not see any signs inside the car park that indicated any of sort of terms and conditions.

I went to the payment machine and paid £2.20 for 3 hours of parking. There were no signs next to the payment machine regarding terms and conditions, only a sign about opening hours. I paid and took my ticket and went back to my car and displayed the ticket in the window clearly. At no point did I notice that my car was not in a bay. I left the car park and headed into the City Centre.

When I arrived back to the car park later that evening I placed my shopping inside the boot and went to get inside when I noticed the parking ticket. I took this off and got inside the car believing it was a mistake due to already paying. I handed the ticket to my wife (the passenger) and drove out of the car park.

After driving out of the car park I turned right and parked up on the side of Allison Street. I got out of my car and took a few photos as there had been a distinct lack of signage. I also took a picture of the vicinity of where my car had been parked. There was now another black car parked in the same space as I had parked earlier.

I got back into my car and discussed with my wife that it must have been a mistake as I had fully paid but also discussed the lack of signs in the car park that expressed any kind of detail. We both felt this to be somewhat strange she expressed that it seemed very deceptive not to have signs and it was worrying.

On the (date), the next day I emailed the contact email address of Premier Parking Logistics, stating I had paid and provided photos of my ticket. In my haste I accidentally gave my parents address where I was staying for a few nights, rather than my own.

I received a reply the following day, (date) stating that the charge was for “not parking WHOLLY within a marked bay” and that I “did not comply with the terms and conditions stated on signage within the area...” and that “signage within the area holds a 24 hour helpline which you could have accessed had you any concerns regarding parking on the day in question.”

I absolutely disagree with these points as there was no visible signage regarding any terms and conditions and the only signs that were obvious were the ones pointing to the car park and the one regarding where the payment machine is. I did not see any other signs as I entered or exited the car park. There are numerous metal pillars as you walk out of the car park as shown in the photo but none of these pillars have any signs either.

Looking back at the photos I had taken, it shows that parking bays were not clearly or adequately marked out and some bays had no visible lines at all.

The claim form goes on to say that I admitted to the alleged contravention and agreed to pay. At no point did I admit liability or agree to pay any sum in regards to that alleged contravention.

I did not reply to this email and received no further emails or correspondence at the address that I had provided up until the Claim Form.

The Claim Form states that my “vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s). I disagree that any contract was formed due to the fact that there had been absolutely no clear and obvious signage visible relating to any Terms by the Claimant as I entered or exited the car park on that day.

I therefore disagree with the Claimant's excessive costs and damages relating to me parking in the claimant's car park that day as no contract was ever formed. I paid the full parking charges as directed by the signs that were visible and displayed my ticket clearly in the windscreen.

4.  The Particulars of Claim set out an incoherent statement....(and the defence template continues without any alterations.)

This following image is from google maps during the day.

Coupon-mad

No photos, no evidence yet and remove all use of "I" and "my".  What you've added reads as a Witness Statement (too much detail for this stage) whereas you can see from the template defence that the writing style is in the third person. 

KeithP

You currently have several unnumbered paragraphs.
All paragraphs of a Defence need a sequential number - having removed those paragraphs that would be better placed in your Witness Statement.
Adjust the numbering of subsequent paragraphs to suit.

harmy69

Thanks guys. 

Just a side note. PPL have emailed me the SAR. All it includes is:

1) the photos of my car taken by their warden. These show a very bright bay line on the right and a yellow bay line on the left that they are saying I’m parked across. These lines look touched up using photoshop or something. One main thing is they have not provided any photo of any signs that state their terms or conditions.

2) the email that I sent to them that asked them to withdraw the fine as I had already paid for a ticket on the day of parking. 

And

3) their reply dismissing my appeal due to the allegation that I didn’t park within a bay. 

They have not sent any proof of any correspondence that they may have sent, or their solicitors may have sent to the address that I provided in the original email. They also mention Gladstone Solicitors but the Court Claim Form states DCB Legal Ltd. 

I can edit out my VRN and attach the photos they have sent to me if they are useful to you. 

Thank you.