Claim Form - DCB Legal / Northwest Parking Management

hj100

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.

Thank you

KeithP

hj100 said:

...received a claim form yesterday issue date 23 Feb 23.

Hello and welcome.

They are correct that you cannot delay things once a County Court Claim has been issued.

With a Claim Issue Date of 23rd February, you have until Tuesday 14th March to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 28th March 2023 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

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'.

Le_Kirk

If the driver has been admitted, then, as you stated, bye-laws doesn't help in that respect but what does the POC state (it's on the claim form).  You could also use "loading/unloading is not parking" - search the forum for these words and you should find defences that other posters have used.

hj100

Le_Kirk said:

If the driver has been admitted, then, as you stated, bye-laws doesn't help in that respect but what does the POC state (it's on the claim form).  You could also use "loading/unloading is not parking" - search the forum for these words and you should find defences that other posters have used.

Thank you for your replies, that helps. The POC states the vehicle was parked in breach of the Terms on the signs and that the driver agreed to pay the parking charge issued within 28 days but did not so the contract entitles claimant to damages which is total of £271.40 for £170 total of PCN damages, interest at 8% and legal representative/court fee costs. I will look into the  loading/unloading argument - thanks. 

hj100

Hi update just received this response from Northwest Parking Management following the SAR. How would you advise to respond as thought they were not required to ask for ID such as driving license or passport? Thanks

Thank you for your email.

 

Please can you provide a copy of your driving licence to complete our ID check, I can then pass your request to the Data Team who will provide the information requested.

 

Please can you also confirm how you wish the data to be provided e.g email or hard copy and provide the address to be sent to.

hj100

I forgot to mention had attached a copy of V5C to prove correct data subject.

Le_Kirk

It is taken that as you remained in the parking area, you accepted the terms and it will be on their signs. Shame they didn't state how you breached the terms.  You don't need to supply photographic evidence, indeed you shouldn't.  If you sent a copy of the V5C and it matches the address they used to contact you thats all they need - you could send proof of address like a utility bill if you want.  If they continue to play silly whatnots just report them to the ICO.

B789

You don't have to give them any photo ID. What are they going to compare your picture with? Their national database with photos of everyone in the UK? Your V5C should suffice but you could give them a redacted utility bill if you really want to. If they persist in delaying your request, just report them to the ICO.

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.

KeithP

B789 said:

They do not appear to have a link to their privacy or data policy which is a breach of the rules.

Who doesn't?

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.

Coupon-mad

I don't think the driver has been admitted?

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.

B789

KeithP said:

B789 said:

They do not appear to have a link to their privacy or data policy which is a breach of the rules.

Who doesn't?

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 have searched and followed all the links they provide on the NPM website and I have not found any mention or link to a privacy policy or mention of a DPO.



Whilst they are registered with the ICO, for the life of me, I cannot find any mention of a privacy policy or any method to directly contact their DPO. I can use their 'contact us' web form, phone them or write to them by snail mail.

I stand to be corrected.