Parking solutions Limited- claim for over £700 !

lukesy123 · 2 January 2019 at 11:32AM

***TOTAL PARKING SOLUTIONS LIMITED***

Hello,

I've only just come to find out about this forum and am seeking help with what is now claim against me for several PCN's. ( hopefully its not too late! )

I have received a County Court claim form in the post after receiving 5 Private parking notices from Total Parking SolutionsLimiited - from the dates of 17/10/2017 to 13/12/2017.

the form states a claim is being made against me for a total of £735.78. This breaks down to
- "Amount claimed" £605.78
- "Court fee" £60
- "Legal representative costs" £70

These parking notices were given to me in a Kingston university accommodation car park. I used the car park last year when i was studying at kingston college - at the time i believed the university and college were linked. some fellow students also used to park there and told me they had never had a problem. Obviously I continued to park there after the first notice was issued - i was led to believe nothing would happen.

Over the course of around 14 months from receiving the first notice to writing this forum post, I received many letters from TPS asking for various amounts to be paid, then from BW LEGAL and now from the court.

I took a visit to the car park recently and have realised all the signs are all new and now very different to when I parked there last year, making it difficult for me to mention this in my defence.

I only recently found out about this forum and i fear it may be too late. I have followed the acknowledgement procedure and have until the 14th to submit my defence - This claim came to me over the Christmas period and i've been away making it very difficult to do anything.

Can anybody guide me into writing a defence, over £700 seems like a ridiculous amount to pay for a car park that is almost always near empty.

Thanks in advanced to any fellow users who may be able to help me and my case.

Redx · 2 January 2019 at 11:39AM

see the NEWBIES FAQ sticky thread post #2, there is advice in there about defences including a few that can start you off

and look for and read recent 2018 court case threads on here to see what they have written, to help you to draft your own

nobody will do it for you, but they may comment if they can, but their are few legally trained people on here, this isnt a legal forum, its a consumer help forum, so dont expect free legal advice, just advice and common sense

look at those charges too, as 5 pcn,s is typically a maximum of £100 x 5 = £500, so there must be additional charges they have added on, like debt collector fees

send the PPC a SAR to their DPO and get all the data they hold on you, so that you have this stuff and it may help you now and also further down the process, so you arent waiting until 2 weeks before your court date

lastly, post the DATE OF ISSUE on that form, the full POC, and the full breakdown of charges, especially if your post above doesnt have all the information

we dont want references or personal info, just the details

ps:- these companies issue tens of thousands of court cases every year, so whoever led you to believe that nothing would happen are morons of the highest calibre

it was stupid advice and stupid to listen to this stupid advice

but you will know in future that bad things DO happen

lukesy123 · 2 January 2019 at 12:01PM

Thanks for your reply,

I know I'm really the stupid one here for listening to these people.

If i send the PPC a SAR, do you reckon it will it come in time before my defence deadline date ?

Im not expecting anyone to do it for me - i just could do with some guidance from experience etc... I really do appreciate any help I can get !

here is the date of issue and POC:

ISSUE DATE - 18TH DEC 2018

PARTICULARS OF CLAIM -
The Claimant's claim is for the sum of £375 being moneys due from the defendant to the claimant in respect of multiple Parking charge Notices (PCN's) issued between 17/10/2017 and 13/12/2017, full details of which have been delivered to the defendant.
The terms of the PCN's allowed the defendant 28 days from the issue date of the PCN to pay the PCN sum, which the defendant has failed to do.
Despite demand having been made, the defendant has failed to settle their outstanding liability.
The claim also includes Statutory interest pursuant to section 69 of the courts act 1984 at a rate of 8% per annum a daily rate of 0.8 from 17/10/2017 to 17/12/2017 being an amount of £30.78.
The claimant also claims £200 contractual costs pursuant to the PCN Terms and conditions.

lukesy123 · 2 January 2019 at 12:03PM

i should also say that the car park in question is not a pay and display, it is a permit type where students of Kingston university (not Kingston College) get a sticker for their windscreen to allow them to park.

Umkomaas · 2 January 2019 at 12:05PM

If i send the PPC a SAR, do you reckon it will it come in time before my defence deadline date ?

Unlikely as they have a one month window to respond, but the SAR is probably more useful to you at the Witness Statement stage, so don't get too hung up on having it back by your defence deadline, but do get it off to them now.

Here's a template example to help you with drafting it:

From Legal Beagles forum

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

The_Deep · 2 January 2019 at 12:07PM

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

lukesy123 · 2 January 2019 at 2:39PM

Dear Sir or Madam,

Subject access request Data Protection Act 2018 / General Data Protection Regulations (GDPR)

I am writing to you in your capacity as data protection officer for your company – TOTAL PARKING SOLUTIONSLIMITIED. I have reason to believe you hold personal data on myself and a vehicle I own (I am the registered keeper for this vehicle). It should be noted that contrary to article 13 of GDPR legislation - no privacy information was provided to myself, the data subject, at the time of collection. I am therefore compelled into making this request for access to personal data pursuant to Article 15 of the General Data Protection Regulation which, as you will be aware, came into force on 25 May 2018. Please supply all the data. The vehicle in question is ..............

The following requests are in regards to ALL Parking Charge Notices issued between ... and ........:

1. Please provide me with a copy ALL photographs taken.
2. Please provide me with a copy of a close up photograph of the parking information signs on ALL the days in question.
3. Please provide me with evidence you have paid a debt collector / Legal representative.
4. Please provide me with a copy of ALL posted letters/emails sent and received.
5. Please provide me with a copy of ALL Parking Charge Notices and Notice to keeper documents.
6. Please provide me with a a list of all Parking Charge Notices you consider are outstanding against myself. I would like to take this opportunity to remind you that any claim made against me must be for all Parking charge notices in one single claim not several separate claims.

Please also advise as to the following:

1. Please confirm to me whether or not my personal data is being processed. If it is, please provide me with the categories of personal data you have about me in your files and databases.
1. In particular, please tell me what you know about me in your systems, whether or not contained in databases, and including e-mail, documents on your networks, or voice or other media that you may store.
2. Additionally, please advise me in which countries my personal data is stored, or accessible from. In case you make use of cloud services to store or process my data, please include the countries in which the servers are located where my data are or were stored.
3. Please provide me with a copy of, or access to, my personal data that you have or are processing.
2. Please provide me with a detailed accounting of the specific uses and lawful basis that you have made, are making or will be making of my personal data.
3. Please provide a list of all parties with whom you have (or may have) shared my personal data.
1. If you cannot identify with certainty the specific third parties to whom you have disclosed my personal data, please provide a list of third parties to whom you may have disclosed my personal data.
2. Please also identify which jurisdictions that you have identified in 1-1 above that these third parties with whom you have or may have shared my personal data, from which these third parties have stored or can access my personal data. Please also provide insight in the legal grounds for transferring my personal data to these jurisdictions. Where you have done so, or are doing so, on the basis of appropriate safeguards, please provide a copy.
3. Additionally, I would like to know what safeguards have been put in place in relation to these third parties that you have identified in relation to the transfer of my personal data.
4. Please advise how long you store my personal data, and if retention is based upon the category of personal data, please identify how long each category is retained.
5. If you are additionally collecting personal data about me from any source other than me, please provide me with all information about their source, as referred to in Article 14 of the GDPR.

Should you require anything from myself, please contact me via post.

I would like you to be aware at the outset, that I anticipate a reply to my request within one month (deadline being .....) as required under Article 12, failing which I will be forwarding my inquiry with a letter of complaint to the Information Commissioners Office (ICO). If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully
........

Redx · 2 January 2019 at 2:54PM

that SAR seems ok to me, so get it emailed to the DPO at the PPC (TPSL) asap

I assume those morons who have advised you to ignore have deserted you now like rats leaving a sinking ship ?

yeah , I thought so

seems to me that the 5 pcn,s add up to £375 at £75 a pop, and all the extras are cheeky addons they cannot claim for

they can claim the interest and can add on the court fees, which is why I asked for full details because I suspected their figures were artifically inflated, apart from greed its to get it over the £600 figure to go to the High Court if necessary for a writ

as mentioned above, the SAR is to get your ducks in a row for court , later on, instead of waiting until near the court date for this evidence

so a pre-emptive strike and work for them to do as well

now start work on drafting your defence, ps , you have 33 days from the date of issue to file this defence, as per instructions by member KeithP

and even if they won all of them in court, the total would be circa £450 to £500 , once those extra fees have been struck out by a judge

Umkomaas · 2 January 2019 at 4:13PM

In your SAR, I'd number each of the requests for details so they can't so easily slide over any awkward question.

Ask them to respond with the relevant question number shown alongside their answer. Less wriggle room the better!

KeithP · 2 January 2019 at 5:37PM

lukesy123 wrote: »

ISSUE DATE - 18TH DEC 2018.

With a Claim Issue Date of 18th December, you have until Monday 7th January to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 21st January 2019 to file your Defence.

That's nearly three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.

When you are happy with the content, your Defence should be filed via email as suggested here:

Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

lukesy123 · 2 January 2019 at 9:04PM

Redx wrote: »

that SAR seems ok to me, so get it emailed to the DPO at the PPC (TPSL) asap

I assume those morons who have advised you to ignore have deserted you now like rats leaving a sinking ship ?

yeah , I thought so

seems to me that the 5 pcn,s add up to £375 at £75 a pop, and all the extras are cheeky addons they cannot claim for

they can claim the interest and can add on the court fees, which is why I asked for full details because I suspected their figures were artifically inflated, apart from greed its to get it over the £600 figure to go to the High Court if necessary for a writ

as mentioned above, the SAR is to get your ducks in a row for court , later on, instead of waiting until near the court date for this evidence

so a pre-emptive strike and work for them to do as well

now start work on drafting your defence, ps , you have 33 days from the date of issue to file this defence, as per instructions by member KeithP

and even if they won all of them in court, the total would be circa £450 to £500 , once those extra fees have been struck out by a judge

Thanks for the reply !
I've completed the AoS and am about to send of the SAR to the DPO at the PPC.
I've now graduated and don't talk to those guys who said it would be ok anymore - a lesson learned to not be so naive in the future.

as mentioned above, the SAR is to get your ducks in a row for court , later on, instead of waiting until near the court date for this evidence

Redx wrote: »

so a pre-emptive strike and work for them to do as well

can you explain what you mean by this ? also Im struggling to draft a defence because i don't know what valid points i can actually bring up.

Thanks

Parking solutions Limited- claim for over £700 !

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