GXS SERVICES PCN...BW LEGAL letters & have now received a Claim Form

WithinRange

Hi there - i received a windscreen PCN  in August 2020 at Quayside House private car park Southwick. 

I paid £1.60 for a 2 hour cashless session expiring at 11:13am. My wife then renewed (early) from her phone for a cashless session from 11:03am -1:03am.

The ticket was given at 11:49am...

I read about this company (GXS Services who sent me a £100 fine in August 2020), and appealing seemed futile. I have since received letters from various legal recovery firms including bwlegal & Gladstone Solicitors demanding payment and threatening legal action.

In October 2021 i engaged the services of Parking Fines Ltd who advised they would write to them, i should ignore all comms and let them know if i received a claim form. They would then defend me if i did, but now i have seen that Parking Fines Ltd is no longer operating...

The claim is for £270 total including a £35 court fee and £50 legal representative costs with an issue date of 28th April.

I obviously want this to go away and have scanned the newbie threads so just want to sense check the first two steps in the process -

1. Populate the MCOL to acknowledge service 
2. Mount a defence adapting the template advised (updated March 2022).

Appreciate the advice gleaned so far and any confirmation that he above also applies to my circumstances considering my (attempted), use of Parking Fines Ltd?

Thank you

KeithP

Hello and welcome.

With a Claim Issue Date of 28th April, you have until Tuesday 17th May to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st May 2022 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Send GXS a SAR so you can see any letter about you, sent to GXS by Parking Fines Ltd, plus of course all their photos evidence and records about payments received for a VRM matching or close-matching the car, because the driver paid twice and you believe their system failed to find the top-op payment, and you want their DPO to check for a possible 'keying error'.

Of course, the SAR may not be replied to before the defence goes in but you can suggest in the defence the above happened and GXS failed to undertake thorough manual checks for a near-match VRM because the top-up payment appears to have fallen into a black hole and caused an unfair PCN.

Similar thread here, at LBC stage:
https://forums.moneysavingexpert.com/discussion/6355408/parking-fines-going-to-court

I've no idea how people get sucked in to park there and/or pays even a quid to park, to any notorious scam industry who are deliberately looking for excuses to issue £100 fake fines and sue people into submission. It's free to park on street in most of Southwick/Shoreham, including by the beach/port areas.  No need to use private scam car parks at all.  Avoid!

Shoreham Port is a well-reported 'scam' entrapment site with a hidden camera system and lurking ticketers, so no-one knows they are being filmed or watched. I'm localish in another part of West Sussex and you can see me in this TV documentary that you should watch, to understand the scam:

https://www.channel5.com/show/parking-the-big-con

I'm the lady on Shoreham beach and bargepole (not local) is the guy at his kitchen table.  We both help people with court claims but so does everyone on this forum.

You are not alone, no biggie.

Defence will be about lack of signs there.  Template Defence thread sets out the first 12 steps.  

WithinRange

Many thanks for the speedy response and confirmation of process.

Coupon-mad

You certainly are (sort of) 'within range' of me!  Watch the whole TV show.  

WithinRange

Coupon-mad said:

Send GXS a SAR so you can see any letter about you, sent to GXS by Parking Fines Ltd, plus of course all their photos evidence and records about payments received for a VRM matching or close-matching the car, because the driver paid twice and you believe their system failed to find the top-op payment, and you want their DPO to check for a possible 'keying error'.

Of course, the SAR may not be replied to before the defence goes in but you can suggest in the defence the above happened and GXS failed to undertake thorough manual checks for a near-match VRM because the top-up payment appears to have fallen into a black hole and caused an unfair PCN.

Similar thread here, at LBC stage:


I've no idea how people get sucked in to park there and/or pays even a quid to park, to any notorious scam industry who are deliberately looking for excuses to issue £100 fake fines and sue people into submission. It's free to park on street in most of Southwick/Shoreham, including by the beach/port areas.  No need to use private scam car parks at all.  Avoid!

Shoreham Port is a well-reported 'scam' entrapment site with a hidden camera system and lurking ticketers, so no-one knows they are being filmed or watched. I'm localish in another part of West Sussex and you can see me in this TV documentary that you should watch, to understand the scam:


I'm the lady on Shoreham beach and bargepole (not local) is the guy at his kitchen table.  We both help people with court claims but so does everyone on this forum.

You are not alone, no biggie.

Defence will be about lack of signs there.  Template Defence thread sets out the first 12 steps.  

Thanks so much! Very much appreciated. Great to hear/see the additional context & congrats on your TV appearance  

Coupon-mad

Even better that I was appointed to the Govt Steering Group back in 2020 and had/have involvement in the new statutory Code of Practice as this rogue industry is being regulated.

Let's just say it's been interesting (understatement!).  Far better for this forum's strength of consumer fightback, than any TV show!

WithinRange

Coupon-mad said:

Even better that I was appointed to the Govt Steering Group back in 2020 and had/have involvement in the new statutory Code of Practice as this rogue industry is being regulated.

Let's just say it's been interesting (understatement!).  Far better for this forum's strength of consumer fightback, than any TV show!

Fantastic. I have been amazed how active and responsive contributors are collectively.

WithinRange

Hello again @Coupon-mad. 

I have drafted a SAR below (minus personal details), based on the template from the thread.

Just checking whether to include any extra details about the PCN (date location etc) and vehicle? 

Also, my wife paid for the second ticket from her phone (the first one was from mine). Does that need noting also as they would have received payment from two different cashless sources?

Finally am i correct that i should supply a scanned utility bill also? 

Many, many thanks.

*Please supply the data about me that I am entitled to under data protection law relating to myself.

This includes:

ALL photos taken
- all letters/emails sent and received

- a PDT machine record of payments made

- all data held, all evidence you will rely on, and a full copy of the PCN, NTK

- and a list of all PCNs outstanding against me.

 Any claim must be for all PCNs, not several separate claims.

The above data is requested as the driver paid twice for tickets for the vehicle on the day in question. I believe the system failed to find the top-op payment. I want your Data Protection Officer to check for a possible 'keying error'.

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.

 

WithinRange

Forgot to ask - does this need to be posted or can it be emailed?

Many thanks again!

KeithP

WithinRange said:

Forgot to ask - does this need to be posted or can it be emailed?

The SAR should be emailed to GXS's Data Protection Officer. His/her email address is in their Privacy Policy and there is a link to that Privacy Policy at the bottom of every page on their website.

I would leave out this sentence from your SAR...

If you need any more data from me to confirm my identity, please let me know as soon as possible. 

All it does is give then an excuse to delay things.