County Court claim - unallocated parking

Redx

Doesn't really matter if you receive a copy of the claimants DQ or not , it doesn't affect anything , as long as the CCBC ( not the county court , there isn't one involved yet ) have your DQ , check if it's logged on your MCOL claim history.

As long as your steps are completed , wait for your nominated county court ( Manchester ? ) to write to you in the next few months

Plus do what coupon mad said above , ensuring that the DPO at sip does the deed and replies with your data too

ManaPotion

I actually sent another email to the legal address telling them they would need to resend anything sent to my old address since I sent the data rectification email to their data protection officer and they replied within about 15 minutes telling me they'd updated the address. Doesn't help me with the SAR data but I will definitely follow up with the data protection. I think they have until the 9th of Feb to actually respond so i'll probably wait until near the end of next week to send a follow up.

Looks like time to start getting the WS ready though!

Redx

your WS wont be needed for several months, but no harm in starting a draft whilct its fresh in your mind

ManaPotion

So it appears that SIP have completely ignored my change of address/SAR email. I sent a follow up email a few days ago which also received no response. Allowing them a calendar month from the 11th Jan I can't see them getting it to me in the next 45 minutes so my question is how do I maximise the advantage of them not complying with the law? Should I be emailing the details of the request to the ICO tomorrow? Should I include this as a point in my witness statement?

Le_Kirk

If you have concerns about how the PPC has handles your data or SAR, yes complain to the ICO.  None of it is a defence point so don't see how it helps you in your WS unless you later want to claim unreasonable behaviour.

ManaPotion

Thanks, I will complain. And I do think it’s unreasonable because I don’t know what information they currently have and are intended to use against me. I need that to make sure my witness statement addresses all of their potential points.

Coupon-mad

I've created a new paragraph 4 onwards to replace the template defence:

https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299

Showing you @ManaPotion, and others (even though your defence is in) because it should be fairly easy to adapt and use in witness statements.

Debt recovery 'cost/fees' are now banned from being added to parking charges, and that new wording explains to a Judge why that is relevant for existing cases, too.

Also read the whole new DLUHC Code of Practice because it covers all the ususl points and issues, and states the best practice position.  Not retrospective but you can use it in a WS to effectively say 'Here's what a professional parking firm should have done'.

ManaPotion

Just an update, received the Notice of Allocation to the Small Claims Track (Hearing) today. Seems that the hearing will be on the 4th July so it's freedom day whichever way it goes! I'm informed on the letter that SIP need to pay the court trial fee by 6th June at 4pm. How would I go about checking that this is done on time in case they don't meet the deadline for any reason? It also got moved away from their preferred court. Would this give me a better chance of them discontinuing at the last minute? Especially as they've added the extra charges which we know they're not allowed to now?

Coupon-mad

It was never going to be at their court, if you are a consumer litigant in person.  And they always try to add the false charges which (unfairly) it is up to the Defendant to argue against.

So, this is the same as every case we see, as is that order. Assume they will pay the fee.   Crack on with your WS and evidence.  What's your deadline?

WS example to look at as guidance on how it looks is the recent one by @wobs2k

ManaPotion

So life has got in the way of me getting this done earlier but I used the template by @wobs2k and removed/changed parts as I thougt was correct. Now I have to send this tomorrow to be in line with the 14 days prior to trial so any advice that anyone can give me before I submit in the afternoon would be very much appreciated!

https://www.dropbox.com/s/6x3xa6xbkflbgoh/Witness Statement redacted.docx?dl=0

If i've done anything incorrect with the dropbox link please tell me and I'll amend it!

Should I have received anything from SIP at this point? After reading through the original template I can see that it mentions a response by the PPC to the witness defence I think? I never received a response to mine - is that normal? Should I have received the claimant version of the WD? I know it wouldn't be a "defence" as they are the accusers but is that something they have to put together? 

I'd also be very surprised if I actually receive their WS tomorrow. Can it get thrown out if they don't submit in time?