PCN from Hounslow Vista Centre

Coupon-mad

Yes, we all agree - wrong focus. The advice doesn't day do a SAR at defence stage.

TiredofPCN

HI, Finally got around to writing out my defence - broadly using the template provided - with the additional details and past references - but plan on using the below summary for Bullet 3 - putting across my defence, would appreciate aeries and any feedback.

The Defendant visited the Visa & Consular Application Centre at 50, Vista Centre, Salisbury Rd, Hounslow, TW4 6JQ to apply for a passport renewal for his family. There was a significant queue at the VISA centre and the application process and required documentation was extensive and ended up taking the whole day. Additionally, the documentation required changes and required updated signatures from the other applicants (spouse and daughter) and the defendant did end up leaving the centre and driving back home more than once to get updated documentation and signatures. Through the day the Defendant parked at different locations near the Visa centre and paid for the parking, hence was surprised when a parking claim came through. The actual event happened almost 18 months ago and the defendant does not recollect the specific details from the day – but did definitely leave the parking lot for additional documents and also for lunch and returned later. Hence the claim received appears to be a case of double dipping and does not accurately represent the entry and exits from the Parking Area.

Hence request the court to take these discrepancies into account and deny the motion.

Follow up question:

1. Do I need to provide any additional details or evidence at this point ? 

2. I don't recollect the specific details of the claim - but shows an early entry and an exit in the evening, as I mentioned in my defence I actually entered and exited at least twice and actually used two different parking facilities and have evidence of the parking fees paid for both. Additionally I had also stepped out for lunch and have credit card statements which show all 3 parking fees and my lunch payments. Should I disclose any of this at this point - or is this evidence for later ?

I need to file by defence latest by Monday 14 August.and hence appreciate and feedback on this defence.

Coupon-mad

Firstly, just checking you've grabbed the latest iteration of the Template Defence, as it was significantly edited on 31st July after the DLUHC's announcement (please also read the DLUHC IA Discussion thread and help us get evidence this month - more photos please!).

Secondly, changes suggested here:

...hence was surprised when a parking charge came through the post, weeks later. The actual event happened almost 18 months ago and the defendant does not recollect the specific details from the day – but did definitely leave the car park for additional documents and also for lunch and returned later. Hence this appears to be a case of what the Government has identified as ANPR error 'double dipping' and does not accurately represent the entry and exits from the Parking Area.  There was no breach, nor any reasonable cause to obtain the Defendant's DVLA data.  The Claimant failed to carry out the mandatory 'human checks' of the ANPR data to identify double visits, which is a breach of the Data Protection Act 2018. The Claimant is put to strict proof of all captures of this vehicle traversing the site that day.

Remove this (it's not a motion):

"Hence request the court to take these discrepancies into account and deny the motion."

.

  

TiredofPCN

Thank you for your review and feedback.

I used the template from the below link, is this the latest - if not can you share a link to the latest please. 

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

Plan on filing my defence over email to the court tomorrow.

Le_Kirk

You don't need a link, it is one of the first five or six announcements on the first page of this forum and it has a date of editing of 31st July.  Announcements are sticky and are accompanied by a blue banner with the word, well, announcement in  it.

B789

That para #3 reads more like a Witness Statement. What do the PoC say? It is against those allegations that you are defending. Let the Claimant prove their case without assisting them by providing "meat" for their WS.

Coupon-mad

TiredofPCN said:

Thank you for your review and feedback.

I used the template from the below link, is this the latest - if not can you share a link to the latest please. 

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

Plan on filing my defence over email to the court tomorrow.

If you used the Template Defence in the Template Defence thread and got it AFTER 31st July, you clearly have the right one.

My point of asking was to check you hadn't grabbed it in July, before the important edit.

TiredofPCN

Hi Sorry, I have looked around for the latest template, but I keep getting redirected the the same document that I had downloaded mid July - Im afraid, this isn't the latest.
Can someone please direct me to the specific location or document that I should be using.

TiredofPCN

B789 - when you say, Para 3 looks like a Witness statement - am I providing too many details and should I tone it down?
The Complaint only states - 'Parked in breach of the arms of parking stipulated on the signage (Contract) at Vista Centre Hounslow (ANPR).

Coupon-mad

TiredofPCN said:

Hi Sorry, I have looked around for the latest template, but I keep getting redirected the the same document that I had downloaded mid July - Im afraid, this isn't the latest.
Can someone please direct me to the specific location or document that I should be using.

There was nothing to download.  I don't know what you mean.

Just go to the Template Defence announcement, top of the forum.

Of course the one in the second post there is the latest (you can see when the post was edited) but there's no downloading involved.