6 tickets issued in 8 days - is there a Data Protection issue?

jordylass

OK, I've now received court papers and submitted AOS. I have until the 27th November for my defence. 
The PCNs were for £100 each and they are adding £70 per PCN in fees.

I asked chatgpt to help with with the defence using the template in the newbies and my POC and this is what I have, any alterations or advice, greatly received.

DEFENCE

1. Denial of Claim and Right to Relief
   The Defendant denies that the Claimant is entitled to the relief claimed, either in whole or in part. The Defendant denies any breach of terms by the driver. Additionally, it is denied that the Claimant has standing to sue in their own name as they are understood to operate merely as agents. Liability is denied, regardless of whether the Claimant is seeking 'keeper liability' under the Protection of Freedoms Act 2012 (PoFA).

Facts Known to the Defendant:

1. The Defendant's knowledge and honest belief form the basis of this defense. The Claimant's Particulars of Claim (POC) lack clarity and coherence, appearing to be a generic and inadequately detailed statement. The POC fails to comply with CPR 16.4, 16PD3, and 16PD7, as it does not set out all facts necessary to establish a complete cause of action. The Defendant acknowledges being the registered keeper of the vehicle in question, but any further details are denied due to the insufficient information provided in the POC.

2. The Defendant states that, as the registered keeper, it is unclear who was driving on the dates listed in the POC. The lack of specific evidence to substantiate the Claimant’s assertions means the Defendant cannot confirm the circumstances surrounding the alleged infractions.

3. No Financial Loss or Legitimate Interest Demonstrated
   The Claimant cannot demonstrate any financial loss resulting from the alleged breach. Additionally, for the charges to be enforceable, the Claimant must establish a legitimate interest that extends beyond mere compensation for any alleged loss and must show 'adequate notice' of any penalty charge.

4. The Defendant asserts that neither a legitimate interest nor adequate notice was provided. The parking charges imposed are, in the Defendant’s view, penalties and are thus unenforceable, failing the tests laid out in ParkingEye Ltd v Beavis [2015] UKSC67.

Exaggerated Claim and Unfair Charges

1. The core debt from any parking charge should not exceed £100 per PCN, per industry standards. The Defendant disputes the additional 'Debt Recovery Fees' or damages, which the Claimant has not demonstrated were actually paid or incurred.

2. The Defendant asserts that this claim is both inflated and unfair. The Claimant’s additional £70 charge per PCN—amounting to an additional £350—is not a true reflection of any actual loss incurred. The Defendant submits that these charges are unconscionable and are, in effect, used to unjustly increase the total claimed.

3. Code of Practice and Government Intervention
   The Department for Levelling Up, Housing, and Communities (DLUHC) released a Parking Code of Practice in February 2022, highlighting the issues of misleading signage, aggressive debt collection, and unreasonable fees. While the Code was temporarily withdrawn, it reflects the government’s view that the parking industry requires stricter regulation to prevent consumer harm.

4. The DLUHC's draft Impact Assessment (published in July 2023) suggests that actual pre-action costs for private parking firms are minimal and that the industry cap for recovery should not exceed £8.42 per case, not per PCN. The exaggerated £70 per PCN in this case is therefore without merit and amounts to double recovery.

5. Lack of Standing or Landowner Authority
   The Defendant disputes that the Claimant has the standing to litigate, as it is unclear whether the Claimant has the authority to form contracts or enforce charges at this site. The Defendant requests proof that the Claimant has the necessary permissions from the landowner.

6. Failure to Offer Genuine Alternative Dispute Resolution (ADR)
   The Defendant contends that the Claimant failed to provide a fair and independent ADR process, which, had it been available, may have resolved this dispute. The lack of a transparent ADR service demonstrates a consumer blame culture that often unfairly rejects legitimate disputes.

7. Breach of Consumer Rights Act 2015 (CRA)
   The Defendant avers that the CRA has been breached due to unclear and unfair terms, particularly in regard to the additional charges and lack of prominent signage. Under the CRA, terms must be fair, clear, and prominently displayed, which the Claimant has failed to ensure.

8. Conclusion and Request for Dismissal
   In summary, the Defendant requests that the court dismisses this claim due to lack of proper standing, inadequate signage, excessive charges, and failure to establish proof of breach by the Defendant. The Defendant seeks standard witness costs for attendance at court per CPR 27.14 and, given the exaggerated and unjust nature of the claim, further costs for unreasonable conduct by the Claimant under CPR 46.5.

Coupon-mad

Please bin that and don't use Chat GPT for any written replies or letters, ever. It is awful!

Show us the POC.

What's the Issue Date on the claim form?

jordylass

25th October

KeithP

jordylass said:

I've now received court papers and submitted AOS. I have until the 27th November for my defence. 

Coupon-mad said:

What's the Issue Date on the claim form?

jordylass said:

25th October

You are right with your Defence filing deadline but there might be something useful here...

With a Claim Issue Date of 25th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 27th November 2024 to file a Defence.

That's over three 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Coupon-mad

jordylass said:

I moved into a new property 13th November. The bay the exiting tenant used was not reallocated and I used it while moving stuff into the house. 
On 21st November there was a windscreen sticker, I wrote to  the landowner (my landlord) to ask to have it cancelled, as a new tenant I have applied for a permit but not been given one yet, and I was using an unallocated space while moving into the house. There reply was no chance, if you did not have a permit you need to appeal directly with Elite. I read through the newbies template and saw to wait until day 25.

Yesterday I received an email from Elite parking, with whom I'd had no previous contact, 

Your below email has been forwarded for my attention by your landlord. 

Please be advised that I have looked into this matter and can see that 6x PCN's have been issued to this vehicle.   

We have sent correspondence to the Registered Keeper address as provided by DVLA and it may appears that you have not have updated DVLA with your change of address.  Please be advised that this is a legal requirement.

In consideration of your circumstances, I am happy to cancel the PCN (Ref: XXXX), issued 21/11/23 however the other PCN's remain outstanding and will need to be paid or appealed.

I have attached a list of the PCN's for your reference as you will need the references.  In addition, appeal instructions have been provided.  Please be advised that an appeal needs to be submitted within 28 days from the date of issue.

It goes on to list the PCNs and the appeal process. When I log in to view the PCNs there were photographs of all incidents taken by a handheld camera (not ANPR) yet no tickets were affixed to the window. I have a distant memory of some rules about a ticket must be issued if physically possible, am I correct?

I was shocked my landlord would pass on my private information, email etc to the parking company.

Just reminding us all of the background. You were moving in and should have been on an exempt list but no, residents are the targets.

Don't alter the Template Defence AT ALL except for your paragraphs 2 and 3 and maybe a couple more to add stuff about Jopson v Homeguard, etc. 

jordylass

To add insult to injury that space has been vacant the whole time I've lived here now. They won't allocate to me as I have these outstanding tickets. 

jordylass

Defence edited below

Gr1pr

If you used the template defence then only post the few paragraphs that you changed, typically paragraphs 2 & 3 and any additional paragraphs after 3, as suggested by coupon mad 

In any case, that statement of truth was retired around 4 or 5 years ago, so its definitely incorrect 

Have a look at the defence template thread in announcements, for guidance 

jordylass

Oh I thought I copied it direct from the newbies thread, I'll have another look

Le_Kirk

It's not in the NEWBIE sticky, it has a thread (announcement) of its own.