Time limit for PCN being issued?

Coupon-mad

Covert camera filming the entire street, pedestrians and inside the premises over the road, yet no sign to warn anyone.

That's illegal too. The DPA and GDPR breach began on day one!  Cover all this in your counterclaim to show a course of action, not just a single mistake.

saviola7

Hi, i completed AOS and looking to submit defence. Have used the template defence Coupon Mad shared in the sticky thread. 

Will this do?

3. The defendant is not indebted to the claimant following the defendants successful complaint and escalation to the British Parking Association in which the defendant raised numerous breaches of the BPA’s code of practice by the claimant. Following the BPAs investigation into the defendants complaint, the claimant agreed to cancel the defendants PCN, therefore affirming there is no case to answer for the claimant. 

Coupon-mad

Yes for the defence.

Counterclaim?

saviola7

@Coupon-mad

Will post once i’m back from abroad in a couple of days and can get on my laptop to type up.

thanks.

saviola7

Hi Again,

i'm back so i think i am going to need some help with the counter claim. I think i have grounds for a counter claim for the reasons below at the least.

At the risk of looking silly (rather look silly here than in court) I did trawl through the forum but i couldn't quite work out how to submit a counter claim?

Do i need to send this in a separate word document with my defence to ClaimResponses.CNBC@justice.gov.uk? Then pay the court fee? or do i send it in the body of the email? I am assuming not on MCOL as guidance was to use MCOL only for AOS.


1. Breach of DPA2018 using keepers details unfairly to submit a spurious claim against the registered keeper for a PCN which had already been cancelled by the claimant.

2. Breach of KADOE on 2 occasions failing to adhere to BPAs CoP at time of event
paragraph 13.1.
The driver must have the chance to consider the Terms and

Conditions before entering into the ‘parking contract’ with

you. If, having had that opportunity, the driver decides not

to park but chooses to leave the car park, you must provide

them with a reasonable consideration period to leave,

before the driver can be bound by your parking contract.

The amount of time in these instances will vary dependant

on site size and type but it must be a minimum of 5 minutes. (Both PCN's were under 5 minutes)

3. Breach of GDPR covertly filming Chapel place and a section of white hart lane unnecessarily. 

Gr1pr

Within the defence document 

Contact the CNBC in Northampton to pay the fee

Coupon-mad

Read claim/counterclaim examples, such as those shown in threads by:

@Nosy

@ellaro9

@pinkelephant12

@dxbcc (a recent winning claim).

You just add a sub heading:

PART 20 COUNTERCLAIM

under your defence (same document, both signed & dated under a statement of truth) and refer to BOTH, in your covering email to the CNBC.

Then phone the fees number and pay your fee the next day. Might still be £35 for up to £300 (you can check online for this).