Gladstone/ AM parking services LTD CLAIM FORM

laurenjo12

i will go back and check. I followed all the steps so i dont think i made an error

laurenjo12

THIS IS THE SAR REQUEST. I HAVE FOUND IT ON THE PREVIOUS POSTING I PUT ON HERE.

name**********

 DATE……….

 To: AM parking Services LTD

 Dear Sir or Madam

 I am making a Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) ).

 ****name and address*****

 Please supply the data about me that I am entitled to under data protection law relating to myself. I would like all data you hold about myself.  I specifically request copies of all photos taken and all letters sent and received, including any appeal correspondence earlier.  I also request all evidence you will rely on and a full copy of the PCN/NOK.

As a reminder any claim must be for all PCNs, not several claims so I therefore request a list of all PCNS outstanding against me.

 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.

 If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

 Yours faithfully

 [Signature]

Coupon-mad

Yes, but they can't have replied with only debt demands.  The SAR reply must have attached photos of the car. Your defence says it didn't?

laurenjo12

I didnt receive any. I have just gone through everything they have sent me again to double check.

Coupon-mad

OK, so you will be mentioning that in your WS then. Show us your draft.

A recent good WS bundle example is in the thread by @aphex007 (that's a link to their profile and therefore, their thread).

laurenjo12

Thankyou i will write it today and upload it

Coupon-mad

You can't upload things on this forum.  Just copy & paste your draft bundle or provide a Dropbox 'anyone can view' link

laurenjo12

I will be honest and say i have REALLY struggled with this. 
I honestly have spent hours reading through many cases but the legal terminology has completely thrown me (although i must say getting the the end of someones thread and seeing they won is extremely satisfying and has given me hope to atleast try where i would usually have given up!).
I feel anxious as i dont feel i have a case to argue like most people do. I can offer no photos etc and i cant see where i got the pcn.
I guess i will just keep it simple and stick to fact.
I will attach my first draft . No doubt it will be dreadful and need ALOT of adjustments. I am aware i need to submit it by tomorrow but will stay awake all night and day to do it.
Thankyou again for your help everyone

laurenjo12

Claim number xxxx Miss xxxxx (Defendant) Hearing date: xx/xx/xxxx

 

In the County Court at xxxxx

Claim Number: xxxxxx

 

AM Parking Services LTD(Claimant)

V

xxxxxxxxxxxxxxx (Defendant)

 

WITNESS STATEMENT OF DEFENDANT

FOR TELEPHONE HEARING ON xx/xx/xxxx

1. I am Miss xxxxxxxxxxx, and I am the defendant against whom this claim is made. The

facts below are true to the best of my belief and my account has been prepared based upon my

own knowledge.

2. In my statement I shall refer to my defence and I will

say as follows:

3.The defendant requested a Subject access Request and the claimant responded in December 2021 with not a single photograph of any of the signs, the car, any breach, any terms or even a copy of a supposed PCN.

Nothing at all relating to the parking charge mentioned in the particulars was supplied, except for some aggressive debt recovery letters. Nothing by way of evidence.

4. The defendant is prejudice and non the wiser about the reason for the alleged parking charge. The charge relates to a supposed PCN issued in 2017.  The only information the defendant has is the road where the PCN was issued and recognises this from an address she lived at many years ago when at university.

5. The defendant feels this cannot be right and the claimant is in breach of not only the GDPR rules about a SAR but the Civil Procedure rules and pre-action protocol too.

6. The defendant asks the court to use its case management powers to strike out the claim for want of full particulars. 

7.   The Particulars of Claim set out an incoherent statement of case and the quantum has been enhanced in excess of any sum hidden in small print on the signage that the Claimant may be relying upon.  Claiming ‘costs/damages’ on an indemnity basis is stated to be unfair in the Unfair Contract Terms Guidance, CMA37, para 5.14.3.  That is the official Government guidance on the Consumer Rights Act 2015 ('CRA 2015') legislation which must be considered, given the duty in s71.  The Defendant avers that the CRA 2015 has been breached due to unfair terms and/or unclear notices (signs), pursuant to s62 and with regard to the requirements for transparency and good faith, and paying regard to examples 6, 10, 14 and 18 in Sch2.  NB: this is different from the UTCCRs considered by the Supreme Court, in that there is now a requirement for contract terms and notices to be fair.

 

8.. This situation can be fully distinguished from ParkingEye Ltd v Beavis [2015] UKSC67, where the

Supreme Court found that whilst the £85 was not (and was not pleaded as) a sum in the nature

of damages or loss, ParkingEye had a 'legitimate interest' in enforcing the charge where

motorists overstay, in order to deter motorists from occupying spaces beyond the time paid for

and thus ensure further income for the landowner, by allowing other motorists to occupy the

space. The Court concluded that the £85.00 charge was not out of proportion to the legitimate

interest (in that case, based upon the facts and clear signs) and therefore the clause was not a

penalty clause.

 

I ask for my fixed witness costs. I am advised that costs on the Small

Claims track are governed by rule 27.14 of the CPR and (unless a finding of 'wholly

unreasonable conduct' is made against the Claimant) the Court may not order a party to pay

another party’s costs, except fixed costs such as witness expenses which a party has reasonably

incurred in travelling to and from the hearing (including fares and/or parking fees) plus the

court may award a set amount allowable for loss of earnings or loss of leave.

??????????????? UNSURE ABOUT THIS???

 The fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs

at PD 27, 7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss

of earnings)... are: (1) for the loss of earnings or loss of leave of each party or witness due to

attending a hearing ... a sum not exceeding £95 per day for each person.''

 

Statement of truth:

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for

contempt of court may be brought against anyone who makes, or causes to be made, a false

statement in a document verified by a statement of truth without an honest belief in its truth.

SIGNATURE

……………………..

xxxxxxxxxxxxx

DATE xx/xx/xxxx

laurenjo12

is anyone able to kindly advise me on this please?