PCN on Free car park at GP surgery during appointment as a patient

Coupon-mad

They never have any witnesses. It will be zero. If the hearing takes place then they will send a legal rep. No witness at all.

You don't need their DQ. Tells you nothing!

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82036792#Comment_82036792

These documents are of no relevance really on this track

Smellopee

Thanks all, the questionnaire ended up arriving by post a day late. Just wondered if it's worth notifying the court, as I'd think it doesn't look good on them to be missing deadlines.

Umkomaas

Nope, nothing to gain. A minor part of the process. There are no real ‘gotchas’ in a small claim.

Smellopee

CEL did not include the unredacted number plates that seem to match mine in their response to my subject access request, is this a failure to comply?

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82094687#Comment_82094687

Technically not a SAR breach, because you are only entitled to see your data. And that partial plate keyed in, isn't your data.

SARs are limited.

However the failure to provide material information (the VRM list from that day, with other full VRMs partly redacted but your payment shown) can be described as a misleading omission. Lack of open dealing and contrary to your interests.

That's a breach of the DMCC Act 2024 if they withhold material information.

But is it relevant? You told us you forgot to input the VRM, so the list won't include anything useful will it?

From your OP:

"Got a PCN from Civil enforcement ltd because I forgot to enter my reg when I parked at my GP surgery car park reserved for patients to attend an appointment.

I provided proof of appointment so they reduced fine to £20 which I refused to pay cause this car park was built for patients use and CEL were supposedly brought in to ensure patients could access it and locals wouldn’t use it. It is so wrong the surgery is handing out vulnerable people to that company to prey on.

Complained to the surgery with documents found on here, they’re not interested and say that as a business they don’t have to abide to NHS guidelines."

Albeit you actually don't know for sure because you then added:

"I have no idea what happened on that day, I was a right state. They have been chasing me on the basis I did not obtain a parking permit but looking in detail at their evidence in the popla appeal only this weekend, it looks like I did try."

And you have a £5000 counterclaim in play too! That will need a detailed Witness Statement and legal basis pleaded.

So yes, you can mention as a Counterclaim-supporting point in your WS that the C has obfuscated from start to finish and has withheld material information, breaching the DMCC Act 2024 (these provisions used to be in the CPUTRs, which is what applied at the time of your PCN, I suspect).

I think that the CPUTRs (and the DMCC Act which improved that legislation) include a compensatory remedy for consumers but you'll need to google it. And you'll be arguing breach of the PFHA too, I think you said in your Counterclaim?

What exactly did the Counterclaim say and which Acts did it rely on?

What was the date of the parking event?

Have you got a hearing date yet?

Done your WS yet?

Smellopee

https://forums.moneysavingexpert.com/discussion/comment/82010594#Comment_82010594

@Coupon-mad I have been asked to replead the counterclaim under the equality act properly by 17th. The thing is I asked for two specific entries to be unredacted because they match the exact time I got there and the letters i can see match my number plate. I believe they did not scan for a minor keying error (which would be an automatic right off under BPA) and went straight for a major and because I wasn't myself I thought I completely forgot to enter my reg especially as that's what they argued and that their system was working properly, etc… I am rewriting the counterclaim and I have the medical docs that confirm op, complications, affected areas that reduced mobility and a letter from my counsellor that confirms symptoms of PTSD. I have sent CEL a letter before action for breach of SAR and plan to mention they did not release the requested data in my repleaded counterclaim.

IMG_9457.jpg

Quoted counterclaim . No hearing date yet.

Gr1pr

Have a look at today's news where CEL had to shell out £289 due to incompetence because the victim counter claimed

https://forums.moneysavingexpert.com/discussion/6365687/parking-stories-in-the-news-media

Coupon-mad

Do not leave this until 17th. Do it this week.

A counterclaim pleaded under the EA can be seen in the thread by @ellaro9