QDR Solicitors County Court Claim; should I pay?

Coupon-mad

That shows your password.  If the PPC are reading this thread, they or some other meddler *could* use that along with the claim number (if someone has it) to put in a weak or derogatory defence online.

It has happened to other people. 

I've reported your post and you should do the same to remove that image.

KeithP

User4815162342 said:

KeithP said:

User4815162342 said:
...it was a private permit area, so I had no right to be there at all as it were.

Then the signs are very important.

For example, if the signs forbid parking for people who don't have a permit, then there is no way that a forbidden driver could actually agree a contract to park.

Please tell us exactly what the driver has been accused of.
Please show us pictures of the signs.

I don't have pictures of the signs as I had hoped (at least not to hand in the next 5 days), so presumably this can be attained by way of a SAR?

A Data Subject Access Request is a request to see your personal data.

Signs displayed at a car park are not your personal data so will not be supplied to you as a result of sending a SAR anywhere.

What is that 'next 5 days' thing you have mentioned?
You are going to have to be much clearer when writing a Defence and Witness Statement.

Umkomaas

I don't have pictures of the signs as I had hoped (at least not to hand in the next 5 days), so presumably this can be attained by way of a SAR?

A SAR won't elicit signage photographs. You will get them as part of UKPC's court Witness Statement, but that is months away. It's best you get your own, taken in the same light conditions as those on the day of the parking event - if it was during the hours of darkness, a number of photos taken without flash to show how visible they were to the driver. Make sure you also take some where the sign details are legible, as well as photos of where/how high/restricted view by tree foliage part covering ... as many angles as possible. 

User4815162342

Coupon-mad said:

I've reported your post and you should do the same to remove that image.

Thanks. Here is the amended version...

KeithP said:

User4815162342 said:

KeithP said:

User4815162342 said:
...it was a private permit area, so I had no right to be there at all as it were.

Then the signs are very important.

For example, if the signs forbid parking for people who don't have a permit, then there is no way that a forbidden driver could actually agree a contract to park.

Please tell us exactly what the driver has been accused of.
Please show us pictures of the signs.

I don't have pictures of the signs as I had hoped (at least not to hand in the next 5 days), so presumably this can be attained by way of a SAR?

A Data Subject Access Request is a request to see your personal data.

Signs displayed at a car park are not your personal data so will not be supplied to you as a result of sending a SAR anywhere.

What is that 'next 5 days' thing you have mentioned?
You are going to have to be much clearer when writing a Defence and Witness Statement.

Wouldn't a SAR give me the ability to see all photos taken, as I believe that there was a photo they sent me that showed the sign in use at the time? I say the next 5 days as I have no way of looking to dig out the initial correspondence from the parking company.

I'll be honest, writing the Defence & Witness Statement is a daunting prospect.

User4815162342

Umkomaas said:

I don't have pictures of the signs as I had hoped (at least not to hand in the next 5 days), so presumably this can be attained by way of a SAR?

A SAR won't elicit signage photographs. You will get them as part of UKPC's court Witness Statement, but that is months away. It's best you get your own, taken in the same light conditions as those on the day of the parking event - if it was during the hours of darkness, a number of photos taken without flash to show how visible they were to the driver. Make sure you also take some where the sign details are legible, as well as photos of where/how high/restricted view by tree foliage part covering ... as many angles as possible. 

The sign in question, if I remember rightly (as the location wasn't local to me) had it high up on a wall as you turned in to the open plan car park, against a building. It was far from my car & generally wasn't very clear what area the permitting was for, but I do think I parked on a spot that was marked as for certain staff.

KeithP

User4815162342 said:

Coupon-mad said:

I've reported your post and you should do the same to remove that image.

KeithP said:

User4815162342 said:

KeithP said:

User4815162342 said:
...it was a private permit area, so I had no right to be there at all as it were.

Then the signs are very important.

For example, if the signs forbid parking for people who don't have a permit, then there is no way that a forbidden driver could actually agree a contract to park.

Please tell us exactly what the driver has been accused of.
Please show us pictures of the signs.

I don't have pictures of the signs as I had hoped (at least not to hand in the next 5 days), so presumably this can be attained by way of a SAR?

A Data Subject Access Request is a request to see your personal data.

Signs displayed at a car park are not your personal data so will not be supplied to you as a result of sending a SAR anywhere.

What is that 'next 5 days' thing you have mentioned?
You are going to have to be much clearer when writing a Defence and Witness Statement.

Wouldn't a SAR give me the ability to see all photos taken, as I believe that there was a photo they sent me that showed the sign in use at the time?

No. 

As I said earlier, a SAR is a request to see your personal data.

Signs displayed at a car park are not your personal data.

Coupon-mad

Writing one paragraph to add to the template defence, and (later) copying/adapting a WS that someone has already written (with us coaching you the whole time) and adding some nice photos is daunting?

You need to read the template defence thread and see how easy it is. Takes most new posters less than half an hour, it will be a cinch, I promise.

User4815162342

Coupon-mad said:

Writing one paragraph to add to the template defence, and (later) copying/adapting a WS that someone has already written (with us coaching you the whole time) and adding some nice photos is daunting?

You need to read the template defence thread and see how easy it is. Takes most new posters less than half an hour, it will be a cinch, I promise.

Thanks for the reply. So the WS is the bit I am struggling to work out - would I simply be claiming that I did not see signage that was not clearly displayed? When is the later that you refer to when I adapt a WS?

The car park is not near me, so I don't have access to taking photos of the signage (& don't know if they'll be the same as they were back from 2019?) and so can't really refer to it in my defence?

Coupon-mad

WS & evidence stage is in about 4-6 months time after defence, a couple of weeks or more before the hearing.

Google Street view has old images.  Go and look, move the little yellow man to the right place (car park entrance) and use the little date arrow.

You must ALWAYS argue insufficient signage in any parking defence. It's the whole crux of most cases.

95Rollers

KeithP said:

User4815162342 said:

don't have pictures of the signs as I had hoped (at least not to hand in the next 5 days), so presumably this can be attained by way of a SAR?

Wouldn't a SAR give me the ability to see all photos taken, as I believe that there was a photo they sent me that showed the sign in use at the time?

No. 

As I said earlier, a SAR is a request to see your personal data.

Signs displayed at a car park are not your personal data.

Use Google Street View to obtain clear  photographs of the site entrance and signs. There is a post on how to do this. Unless the carparl is local and you have the time/ means to take photos or a video of your own. It's a great tool. The signs are in the public domain so therefore not your data (like pictures/ computer Records on you etc).