LBA received. SAR done. What to do after receiving the info from a SAR?

eskimalita7

Hi, I have read the newbies thread, please can I clarify next steps after receiving a SAR response.

I received a LBA. I had moved house so this was the first I knew of the PCN. I requested the SAR and received the info/photos.
At the car park in question, drivers have to put a reg into a tablet. I did do this, but how on earth do I prove it? The land is owned by a school and I have heard that they refuse to help.

Do I have any options but to wait for a notice to take me to court?

Thank you

Coupon-mad

Have you told the solicitor and parking firm (both) to ERASE your old address? You can't leave them with two addresses to choose from when filing the claim.

And is the car's registered address on your V5C logbook now up to date? Check.  Put it right!

You don't have to prove what you did. This is their case to prove and your case (within the context of the longer Template Defence we provide for everyone) will be:

The Defendant did input their VRM and the only explanation is (if there is a partial VRM close-match on the records) this was a mere typo and no PCN should have been pursued, or - absent a VRM typo - it must be that the keypad was faulty or the signal dropped away or was buffering at the time, and failed to be registered properly in their system.  Either way, it is the Defendant's case that this was the Claimant's system fault and not a breach arising from a breach of a 'relevant obligation' by the Defendant, and the Clsimant is put to strict proof of their allegations, and must produce full records from that machine on the material date.

eskimalita7

Thank you for you help and the additional points.
Looking carefully at the original letter, the terms and conditions of parking do not seem correctly worded. There is no payment required, only to register a number plate. Do I have any recourse here?


The letter says "By parking or remaining at the car park in the circumstances above, the terms and conditions clearly set out on the signage throughout the car park were breached."

I didn't remain at the car park without making payment, as there was no payment to be made.

KeithP

eskimalita7 said:

I didn't remain at the car park without making payment, as there was no payment to be made.

But you did remain at the car park without making a payment.
I think you are using the wrong argument.

What's wrong with @Coupon-mad's suggestion?

eskimalita7

KeithP said:

eskimalita7 said:

I didn't remain at the car park without making payment, as there was no payment to be made.

But you did remain at the car park without making a payment.
I think you are using the wrong argument.

What's wrong with @Coupon-mad's suggestion?

Hi, there was no payment to be made. Its a free car park for users of the sports facilities. The driver just has to input the vehicle reg into tablets at the unattended reception area. Coupon-mad's suggestions are extremely helpful.

This was just an additional query to all you very knowledgeable people as to whether the wording on the initial letter is correct, as it mentions "payment not made in accordance...". The car park doesn't require payment so I wondered if this was a case of the "invoice" incorrectly wording the "offence", and therefore this means the parking company didn't send the initial letter correctly.

Apologies if I have got an terminology wrong.

Coupon-mad

I would add it as an extra point.

The Notice to Keeper is required to state the details of the alleged breach and it fails to do so.  There was no 'relevant obligation' nor 'relevant contract' to make any payment and the NTK is not only a vague, misleading template but it fails to correctly state the reason for issue.