Claim Form - DCB Legal / Northwest Parking Management
Hi I'm looking for some advice please for an appropriate defence on behalf of my partner who received a claim form yesterday issue date 23 Feb 23. The PPC is Northwest Parking Management and solicitor is DCB Legal.
It’s for a PCN issued in 2021 for an overstay which was not responded to or appealed. Haven't got the original PCN as was under the impression at the time if ignored then PPC would eventually give up and stop corresponding but from recollection think it was only a short overstay which occurred when driver was unloading music equipment into a bar on site where they were playing that evening. Believe driver was advised by a contact in the bar to unload here.
The car park in question has a 30 minute stay for free before payment is required, driver did not realise they had overstayed a little longer than 30 mins and cameras clocked entry and exit time. Initial PCN seemed extortionate for such a short overstay worth only £1.50 in parking fees for the short time stayed.
Car park in question is Hartlepool Marina which have found some previous cases for on here - some mention the land is covered by byelaws but does this only work in a defence if not admitting to being the driver?
Have followed actions in the newbies thread so far today have sent SAR via email to NPM and emailed DCB Legal to advise to be put on hold and that sent client a SAR. Will do AOS online as next step.
This afternoon have received email response from DCB Legal stating the below - is this correct and if so what does it mean regarding the timeline now?
We write in response to your recent email.
We are unable to place a hold on your file as a Claim has been used. This means both parties are now subject to Court given timelines. The hold that you have requested only applies to pre-litigated matters under the Pre-Aaction Protocol for Debt Claims 2017 ("PAP"). You may wish to seek independent legal advice if you are unsure.
We note you have sent our Client a Subject Access Request.
Please refer to the Response Pack issued by the Court for further directions.
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They are correct that you cannot delay things once a County Court Claim has been issued.
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'.
They do not appear to have a link to their privacy or data policy which is a breach of the rules. If you sent your request via their on-line contact form then just respond to the email that whoever has responded needs to pass on your request to their DPO with immediate effect as the clock is running for them to provide the required information. You may also want to remind the tea-boy or whoever replied that unless they proved an email address for their DPO or they don't forward your request, you will be reporting them to the ICO anyway as you've provided suitable ID with your V5C.
Both Northwest Parking Management and DCB Legal have links to their privacy policies at the foot of every page on their respective websites.
And both those privacy policies include the email address of their respective Data Protection Officer.
I know it's not UKPC but copy & adapt the UKPC one by @Johny86 and change para 3 to just state a vague summary of what the Defendant thinks this may be about.
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
I stand to be corrected.