CCJ from Old Address - Seeking Advice on Draft Order and WS

Troublesum1

Hi All, would much appreciate if you could have a quick look at my SAR, I intend to send this today. Many thanks in advance.

Draft SAR:

New Address

09/01/23

UK Car Park Management Limited

49 Station Road

Polegate

BN26 6EA

Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

Name, New Address (30/06/22 onwards). Old Address (03/18 – 06/22).

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

In particular I am in urgent need of the data pertaining to PCNs issued to myself dated 01/06/2021 & 04/06/2021

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. I no longer live at the property in question, nor do I own the car in question. I have attached my council tax bill as proof of my identity for now.

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.

Yours faithfully

X

Le_Kirk

Do not delay the matter by asking if they need "any more data from me to confirm my identity".  A copy of your V5C and the PCN should suffice.

Troublesum1

Le_Kirk said:

Do not delay the matter by asking if they need "any more data from me to confirm my identity".  A copy of your V5C and the PCN should suffice.

Thanks, a copy of my current V5C? I no longer own the vehicle in question. I also don't have the PCN.

Le_Kirk

Troublesum1 said:

Le_Kirk said:

Do not delay the matter by asking if they need "any more data from me to confirm my identity".  A copy of your V5C and the PCN should suffice.

Thanks, a copy of my current V5C? I no longer own the vehicle in question. I also don't have the PCN.

A recent utility bill, council tax or similar should work but NOT passport or driving licence.

Troublesum1

Hi All,

Quick update, I got a reply to my SAR saying they couldn't find anything and that they need a PCN number. Not only do I not have the PCN numbers it's also more than one PCN. I realised they also made a slight mistake with my name so I think if I send the same request with my name corrected it should be ok?

Also, I got a letter saying the case had been transferred to my local court about 3 weeks ago but since then I have heard nothing from the court, should I be worried or is this typical? Thanks all.

Troublesum1

Hi All,

Another quick update, Gladstone sent me a letter, dated 10th February 2023, with the subject heading "Rectification of Data"

It reads: "Further to the above matter, and your Set Aside Application of 6th January 2023, we can confirm that the data in this matter has been reviewed and confirm we have carried out the rectifications to the following information;"

It then shows a table which has my new (current) address in the 1st column headed "Data Item", then "Updated on our Systems" in the next column which is headed "Rectification Information" then "10/02/23" in the final column which is headed "Date Rectified"

It then goes on to say they will now take further steps to rectify this in all places etc.

Is there any significance to this letter or should I pretty much ignore it and stay focused on the set aside application (of which I've still heard nothing about from the court!)

Many thanks all

Coupon-mad

Ignore it but it's good to know they've done it properly.

Troublesum1

Good evening All,

I have an update on this that I would be very appreciative if I could get your opinion. I’ve had a lot going on in both my professional and personal life so a few things have happened that I’ve not updated on the thread. First thing is that a court date was set – 10th July 2023. I have not yet sent out a follow up SAR after my last request was effectively rejected due to incorrect spelling of a middle name. I will make sure I do this imminently. Yesterday I received a witness statement from the solicitors, I will attach the full (redacted) witness statement to this post but the key points I see are:

·         They inform the court that the Claimant will not be attending court

·         They claim it is my responsibility to update my current address with the DVLA

·         They claim they did a “UK Search” to find any alternative address and that they did find such an address but got no response from said address so were unable to serve the LBC there

·         They claim my defence for the ticket itself is invalid as the signage clearly states a permit must be shown on windscreen therefore merely owning a permit is not enough

·         At the end, unless I’ve misunderstood, they appear to be agreeing to the CCJ being set aside?

Please any advice on how I should proceed here would be greatly appreciated. Honestly my major objective here was to get the CCJ set a side so of course I’m almost tempted to go along with the solicitors if I’m understanding them correctly but I am of course wary that there’s a better option.

Troublesum1

Troublesum1 said:

Hi All,

Quick update, I got a reply to my SAR saying they couldn't find anything and that they need a PCN number. Not only do I not have the PCN numbers it's also more than one PCN. I realised they also made a slight mistake with my name so I think if I send the same request with my name corrected it should be ok?

Also, I got a letter saying the case had been transferred to my local court about 3 weeks ago but since then I have heard nothing from the court, should I be worried or is this typical? Thanks all.

Ok so I've confirmed I did make a slight mistake with one of my middle names. I've now rectified and resent the SAR via email. Is there any point of me sending this by post? 

Aside from the SAR their witness statement (in the post above) also has a few items of evidence:

• A "Parking Enforcement Contractual Agreement" which appears to be between the apartment management and UKCPM
• Their sign design (but not the sign in situ) - says permit must be visible on windshield
• Site plan of the apartment and parking area (showing which areas they manage)
• Pictures of my vehicle in the parking area and the signage in situ (makes it very hard for me to argue I did not see the sign)
• Letters that are either undated or after my move date that are titled "Formal Demand" for both tickets in question

My defence to the ticket itself was that there is no other reasonable place to park and the apartment management kept me on the waiting list for a parking permit for an unreasonable amount of time. I'm not sure how strong an argument it really is, would be very grateful for any advice. Thank you all for all your help.

EDIT: Another thing I have just noticed is that the check on my DVLA address was actually done when I still lived at the property, so my DVLA address was actually correct at the time they checked it. The issue is they sent their letter out a month after the contravention, at which point I had moved. This should go in my favour yes?

Coupon-mad

They are of course (as often happens, as you've hopefully seen on other CCJ threads galore?) consenting to the set aside but they want "NO ORDER AS TO COSTS".

Obviously that's not OK with you, which you MUST robustly state at your hearing.

They claim they did a “UK Search” to find any alternative address and that they did find such an address but got no response from said address so were unable to serve the LBC there.

Hmmm...

any evidence of that soft trace? Thought not.