Small claims court

chenyu

I'm sorry but im new here and I don't always understand what you are asking. I came here to ask for help not to be made to feel stupid and told off, maybe a bit lest if that and more help. If I don't seem to understand something then please explain it better.

chenyu

Also received another letter from bwlegal now staying it's proceeding to court the letters are dated 21/12 and the 23/12

Redx

Dannie23 said:

I'm sorry but im new here and I don't always understand what you are asking. I came here to ask for help not to be made to feel stupid and told off, maybe a bit lest if that and more help. If I don't seem to understand something then please explain it better.

But you are asking for legal advice on a parking forum , not a legal forum !  You pay a solicitor for legal advice ! Or try legal beagles instead ( we are not allowed to give out legal advice )

We provide personal private opinions and don't explain the complicated legal jargon , it's up to you to take onboard those replies , warts and all , because court is a serious business , we cannot and will not explain complicated legal jargon , a lawyer does that , for a fee , which is why the claimant is paying one !! 

Often we need the correct information to advise you , same as a lawyer would. The DIY route is not for the faint hearted or sensitive person. Most of us have never been in your position or to court ! The better your information , the better the replies. So far you have not answered most of the questions put to you !  🤔🤔

1) The Issue date from the CCBC claim form N1 ?

2) Claim history from MCOL?

3) The defence that you submitted to the CCBC ?

4) Have you emailed a SAR to the DPO at the Parking company ?

Good luck anyway , and try to have a good Christmas too 🤔🤔😁😁👍👍 

patient_dream

Dannie23 said:

Also received another letter from bwlegal now staying it's proceeding to court the letters are dated 21/12 and the 23/12

This is like saying there is a big hole in the bottom of the boat but we are still going to sea ?

BWLegal well know that nowadays it is a struggle for them to win, especially if they send a "rent by the hour" legal trying to make sense of a daft claim. I have seen it, and you have to feel sorry for the guy or gal ?

Coupon-mad

Here's what @KeithP said and this is what we need you to read, and answer please, so we can help. 

To find the NEWBIES thread you just click on the links at the top of the page that my signature in coloured writing below, tells you where it is:

The 'what happens when' post by Bargepole linked from the second post of the NEWBIES thread tells you exactly how to complete your DQ.


Can you please show us the Defence that you filed?

chenyu

Ok, have read the newbie thread. 
The date of issued ccbc was 25th November.
Not sure about the claim history for the MCOL please elaborate?
The defence I submitted to CCBC was just that I was at no point parked and that it did not require me to purchase a ticket. After reading the newbie thread now I know this isn't what should have been written or submitted.
I am doing the SAR as we speak.
I am gathering all the evidence I will be conducting myself in a more legal way when responding from now on. All their statements are about breach of t&c but their t&care related to parking on the land but as I was not parked I couldn't of nteached the t&c thy no pcn should of been issued .

Redx

If you use a government gateway account , login to MCOL online , putting in the reference bottom right of the claim form , you will be able to access your claim , checking the claim history just like checking a bank statement.

You could copy and paste it on here ( but no personal private details ) , so we can see the progress so far ! We are assuming that you are at the N180 DQ stage due to receiving a paper DQ form from the CCBC in Northampton ?

If yes , we hope that you download the electronic pdf version of the N180 , fill it in like the advice given by Bargepole and system members linked in the newbies FAQ sticky thread second post. So no to mediation etc

Then email it to the ccbcaq email address listed in the defence template post by coupon mad in announcements , following all 12 of the numbered steps , although you are halfway through them already

To be critical , it sounds like you have submitted a very weak driver based Defence , so you need to gather all your evidence ( exhibits ) and write a superb driver based witness statement plus exhibits plus summary costs assessment ( bundle ) in order to try to win against PPS and b w legal , so trying to rescue this over the next few months and in court

1) So yes to the SAR

2) Yes to filling in the N180 and emailing it to the CCBC

3) Yes to writing a brilliant witness statement between now ( or from January 4th 2022 onwards ) for the future hearing , preparing for a court hearing in spring or summer 2022

Merry Christmas 🤔🤔👍👍❤️❤️

Le_Kirk

I am gathering all the evidence I will be conducting myself in a more legal way when responding from now on. All their statements are about breach of t&c but their t&care related to parking on the land but as I was not parked I couldn't of nteached the t&c thy no pcn should of been issued .

Cannot understand what you are asking or stating here

chenyu

So today I received this in relation to sending the SAR, just send them the info ?:

The General Data Protection Regulations (GDPR) came into play on 25th May 2018 and replaced the Data Protection Act 1998 (DPA)

GDPR gives certain rights to Data Subjects (DS) in accessing personal data that is about them or where they are identified.

It also places obligations on Data Controllers (DC) in relation to the security of the personal data that we hold not to divulge this personal data to individuals or organisations that should not normally have access to it.

We therefore need you to confirm your identity by providing us with two pieces of documentary evidence. We don’t need to see original documents (a clear photocopy or photograph of the document will suffice) and it is advisable to redact (blank out) any financial information that may be contained in the document.

Some examples of documents we can use to verify your identity can be found below:

Driving License.
Passport.
Utility Bill.
Council Tax Bill.
Mortgage or Rent Document.
Bank Statement (or other financial statement)
HMRC document.

DVLA V5 Document

When we receive your identity documents we will then collate any personal data we hold on you and will endeavor to provide it to you within the prescribed time-frame of one calendar month.

We won’t retain these documents and will delete or securely destroy them once your identity has been verified.

You can send a copy of your ID (not the original) via post or by email to dpo@pps.uk.com

You might find this link from the Information Commissioners Office (ICO) website helpful in relation to your rights and our obligations regarding complying with a SAR under GDPR.

https://ico.org.uk/your-data-matters/your-right-of-access/

 

We look forward to hearing from you accordingly. Alternatively if the ID information requested is not provided your file will be closed.

 

Kind regards.

 

DPO

Redx

Looks as if you failed to supply I D documents with your SAR request , so they invoked data protection 

You should send a copy of the claim form plus copies of 2 recent redacted utility bills or similar as proof of I D under the GDPR law , the one hey mentioned , but no extra data , so no photo I D , no personal information like birth certificate , no passport , no driving licence , no personal phone number , just written evidence that you are you ! So not the first 2 , but I would send copies of 2 or 3 of the others , suitably redacted but with the date , name and address showing

Data protection works both ways , so it's normal for them to request I D , hence my reply