County Court Claim from Capital Car Park Control

hehazone

Coupon-mad said:

I think I'd remove this phrase as you were not stopped in that bay:

"and does have an allocated parking bay assigned."

And I'd search the forum for Jopson parking defence and copy some of the wording others have used about that case supporting their defence.

Thanks will take a look and adjust accordingly!

hehazone

Mouse007 said:

You say you have a flat, what does the lease say about parking controls?

Have you seen this ? http://parking-prankster.blogspot.com/2016/11/residential-parking.html

Need to check the lease, will revert back!

hehazone

Mouse007 said:

You say you have a flat, what does the lease say about parking controls?

Have you seen this ? http://parking-prankster.blogspot.com/2016/11/residential-parking.html

Found these two paragraphs on the head lease, not sure if it any help:

10. Parking Restrictions
Not to leave or park or permit to be left or parked (in whole or in part) any caravan boat motor car motorcycle bicycle or other vehicle or party constructed vehicle on any part of the property except for private motor car(s) on the designated parking space or spaces (if any) driveway or within the garage on the property.

13. Visitor parking
Not personally to park or authorise the parking of any motor or other vehicles on any parking space within the Estate designated for visitors

Coupon-mad

So the lease says you can park on the 'driveway'. Does that help, if you were stopped on an estate roadway?

Mouse007

Unless you have already told them, they have no idea where within the compound you parked. All they have is entry and exit.

Your lease entitles you to park. No one can change that right without your agreement. There can be no contract if they are not offering you anything that you do not already have, that is the right to park. You are entirely within your rights to reject their terms and conditions.

Have a good read of the link in my last post.

hehazone

Coupon-mad said:

So the lease says you can park on the 'driveway'. Does that help, if you were stopped on an estate roadway?

I parked in a loading bay area. Which is part of the 'driveway' I guess.

Mouse007 said:

Unless you have already told them, they have no idea where within the compound you parked. All they have is entry and exit.

Your lease entitles you to park. No one can change that right without your agreement. There can be no contract if they are not offering you anything that you do not already have, that is the right to park. You are entirely within your rights to reject their terms and conditions.

Have a good read of the link in my last post.

Got it thank you!

hehazone

The defense has been submitted and accepted... Let's see how this goes! 

Coupon-mad

hehazone said:

The defense has been submitted and accepted... Let's see how this goes! 

Good!

Defence = no 's' though. Judges wouldn't like accidental Americanisms, so change your browser off of US English if that's causing this, in case it causes any similar errors in your future submissions.

Remember that defence is not your only job, so you do need to read the 12 first steps in the Template Defence first post so you don't have to come back and ask us about the fully expected solicitor's letter and the standard DQ N180.

Then pick up re-reading the 2nd post of the NEWBIES thread,  which tells you everything to expect, and how to do it.

hehazone

1505grandad said:

"Hopefully the OP can confirm the full name of the claimant."

Also hopefully the OP will arrange the usual excercise of contacting the DVLA to find out who obtained their data during the relevant period.

Finally DVLA replied and here is the result, not sure if it is any help though.


Thanks!

Castle

hehazone said:

1505grandad said:

"Hopefully the OP can confirm the full name of the claimant."

Also hopefully the OP will arrange the usual excercise of contacting the DVLA to find out who obtained their data during the relevant period.

Finally DVLA replied and here is the result, not sure if it is any help though.


Thanks!

It helps a lot as there are now 2 data breaches: -

1. Your data has been obtained from DVLA by Mr Szmidt's company, (Capital Car Park Control Ltd), and then given to his sole trader business, (Terry Szmidt t/a Capital Car Park Control), (who have issued the claim); these are two SEPARATE legal entities.

2. Capital Car Park Control Ltd are also in breach of their KADOE agreement.

3. We don't know which legal entity, (if any), has a contract at this site so there may be further data breaches.