SAR refused!

Robbishon · 18 February 2019 at 11:07PM

Hi all my first post apologies already for sounding green! Hoping for advice. In October 2018 I ‘overstayed’ by 25 mins in a private car park (I had paid but must of got caught at work meaning that I overstayed) Long story short I received a MCOL for £185. I have followed the advice on the many threads on fighting private parking. I have submitted half a defence as at the time I did not have the info in order to construct a defence. Therefore I wrote to the parking company asking for SAR including copies of all letters sent to me. Today I have recieved an email telling me that they don’t have to provide copies of the signs displayed on that day as SAR are for my personal data and their signage is nothing to do with my personal data. Can they do that? I’m not sure what signs where displayed on the day (I didn’t even know it was an ANPR operated car park). Is this a defence I can use? Grateful for any help finding this a bit daunting.

waamo · 18 February 2019 at 11:12PM

They are correct. A SAR is not for general questions but is for information specifically held on you. A sign clearly isn't information about you.

Coupon-mad · 18 February 2019 at 11:13PM

Obviously signs are not your personal data. This is a standard reply from Britannia or NCP and is seen all the time. They are right.

Google Street View might help, you can change the date and look back.

You will get to see the signs in their evidence with their WS, at that stage. See the NEWBIES thread, you'll have to prepare yours as well.

I have submitted half a defence as at the time I did not have the info in order to construct a defence.

Oh dear. What did it say?

Do you qualify for rebate of court fees on income grounds (look it up) as if you need to amend that defence, the best scenario is if you qualify not to have to pay court fees that you'd otherwise pay to do so.

Show us your defence, word for word, so we can try to help you rescue this one.

ShakeItOff · 18 February 2019 at 11:13PM

Signage wouldn't necessarily be part of the SAR, as it isn't directly related to you/your vehicle. However, they should provide it if they intend to rely on it in court, if I understand correctly.

That being said, on my SAR, on one of the tickets, they did take photos of the signage and included that in the request. I wasn't expecting it though.

beamerguy · 18 February 2019 at 11:14PM

Who is the Parking company

Robbishon · 18 February 2019 at 11:21PM

Manor parking ltd.

Robbishon · 18 February 2019 at 11:22PM

I’m literally getting my ‘defence’ up on my iPad it’s being slow will post in a short while

Robbishon · 18 February 2019 at 11:33PM

Hi all sorry for delay. I responded

“ at this stage I have not received the SAR from the claimant and am therefore at a loss to defend the claim as without that information I cannot understand the full nature of the claim. On receipt of the SAR i can respond fully.

From my email correspondence with manor parking I understand that I am alledged to have overstayed at the {car park} by 20 mins. The day in question I was a working day. I work at the probation office behind the car park.

I deny that by using the car park I have agreed to pay the £100 pcn.

I haven’t seen a letter detailing that I owe a pcn nor any suggestion that there was a court claim. I initially thought the ccc was junk mail.

At the very least my defence will state that £185 is an unconscionable amount to claim for what is alledged to be 20 minute overstay. Having contacted manor parking I have offered to pay the overstay amount as I have not been afforded the opportunity before being harassed by this course of action. I can’t see how they could possibly have been inconvenienced/lost out on £185”

Please don’t shout at me...I had run out of time to submit the defence because I actually did think it was junk mail!

Coupon-mad · 18 February 2019 at 11:40PM

OK, and I assume you don't qualify for help with fees (lower incomes)? Probably not worth amending the defence and at this stage, without the full info, you can't yet.

This is not something to argue in a parking case, due to the Beavis case:

At the very least my defence will state that £185 is an unconscionable amount to claim for what is alleged to be 20 minute overstay.

I can’t see how they could possibly have been inconvenienced/lost out on £185”

Anyway, as you have effectively said you will respond fully when you get 'full particulars' (or the SAR) and they didn't comply with pre-action protocol for debt claims (as they sent you no details/evidence and gave you no opportunity to respond earlier) and issued a premature claim, then I think we can help you pick these pieces up at Witness Statement stage.

When you get the SAR, let us know.

Make sure you have read bargepole's summary of what to do when - it's linked in the NEWBIES thread second post all about court stage and how to win.

Oh, and go and get some photos of the signage, and lack of it, at the entrance/in corners.

Show us!

Are they using BW Legal, or any solicitor?

waamo · 18 February 2019 at 11:41PM

Robbishon wrote: »

Hi all sorry for delay. I responded

“ at this stage I have not received the SAR from the claimant and am therefore at a loss to defend the claim as without that information I cannot understand the full nature of the claim. On receipt of the SAR i can respond fully.

From my email correspondence with manor parking I understand that I am alledged to have overstayed at the {car park} by 20 mins. The day in question I was a working day. I work at the probation office behind the car park.

I deny that by using the car park I have agreed to pay the £100 pcn.

I haven’t seen a letter detailing that I owe a pcn nor any suggestion that there was a court claim. I initially thought the ccc was junk mail.

At the very least my defence will state that £185 is an unconscionable amount to claim for what is alledged to be 20 minute overstay. Having contacted manor parking I have offered to pay the overstay amount as I have not been afforded the opportunity before being harassed by this course of action. I can’t see how they could possibly have been inconvenienced/lost out on £185”

Please don’t shout at me...I had run out of time to submit the defence because I actually did think it was junk mail!

Oh dear. Not the best by a long stretch. Don't rush into anything see if anybody can figure out how to rescue this.

Half_way · 18 February 2019 at 11:46PM

Best advice, as above wait for more replys/eyeballs to give advice, and if you can post/reply on a device with a proper keyboard ( assuming your not using an ipad case with keyboard)

SAR refused!

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