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County court paperwork for pcn from cel

24567…14

Comments

  • Westham_man
    Westham_man Posts: 72 Forumite
    First Anniversary
    I am looking for email contact to send the sar request to, their website is nothing but a front page with payment data

    Anyone know where to email the SAR to civil enforcement ltd ?
  • bunked
    bunked Posts: 17 Forumite
    here: dataprotectionofficer@ce-service.co.uk
  • Westham_man
    Westham_man Posts: 72 Forumite
    First Anniversary
    HI


    Thanks for your help, I have now emailed the SAR to them. next to find a defence that fits
  • Le_Kirk
    Le_Kirk Posts: 22,283 Forumite
    First Anniversary First Post Photogenic Name Dropper
    You could start with this one, written by Bargepole and can be found in the NEWBIE section post # 2. Adapt it to suit and add grace periods if it was a 10 minute overstay.
  • Westham_man
    Westham_man Posts: 72 Forumite
    First Anniversary
    1) It was my wife who was the driver - yet they are taking me to court as the owner, at no point have they asked for information on who the driver was.

    2) she didn't see any signage & didn't even know it was a car park owned or operated by a 3rd party - she assumed as a paying customer she was fine.

    3) being done for breach of t&c's
    Time in 19:02
    Time out 20:44

    So 12 mins over their 90 min stay
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Westham_man wrote: »
    1) It was my wife who was the driver - yet they are taking me to court as the owner, at no point have they asked for information on who the driver was.

    2) she didn't see any signage & didn't even know it was a car park owned or operated by a 3rd party - she assumed as a paying customer she was fine.

    3) being done for breach of t&c's
    Time in 19:02
    Time out 20:44

    So 12 mins over their 90 min stay

    They don't need to ask who the driver was. They are legally allowed to persue the registered keeper as long as they abide by POFA.

    I think a lot of the problem is you aren't scrolling down far enough on the Newbies thread. You are only looking at the top. There is a lot more further down. It's a very long thread.
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 2 March 2019 at 6:45PM
    1) It was my wife who was the driver - yet they are taking me to court as the owner, at no point have they asked for information on who the driver was.
    They will have done in their Notice to Keeper to you, you know, the one you ignored. Ignoring that letter is now going to cause you lots of work to defend and could be potentially costly.

    They have every right, if the NtK was compliant with the Protection of Freedoms Act 2012 (Schedule 4), to hold the keeper liable, but your SAR should get you a duplicate NtK to check.

    Please note - you are not the 'owner' in the context of this parking charge and court case, you are the keeper. It is now too late (and in any case not recommended) to reveal the driver's identity.
    2) she didn't see any signage & didn't even know it was a car park owned or operated by a 3rd party - she assumed as a paying customer she was fine.
    Something to build into the defence. Have you got photos of the signage, taken in broadly similar light conditions to the time of the parking event? If not get some. If it was dark, take them without flash, but you'll also need some which can be read, the signage is the purported legal contract between the PPC and the driver.

    Have you complained to the landowner? Ask them to help a genuine customer being taken to court by their agent. No further business for them from you or your family if this gets to court.
    3) being done for breach of t&c's
    Time in 19:02
    Time out 20:44

    So 12 mins over their 90 min stay

    Check out the BPA Code of Practice to be able to argue that grace periods apply and the overstay should be covered by the grace periods.

    None of this is going to be easy. There is nowhere near enough resources here to provide you with a step by step explanation and direction for every single action you need to take - we deal with around 100 different and separate cases every single day. You must get ahead of this mainly under your own steam by reading the sticky in the relevant parts. Post #2 is all you need to concentrate on right now, through to any court hearing that might materialise.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Westham_man
    Westham_man Posts: 72 Forumite
    First Anniversary
    Hi

    Really grateful for everyone’s help so far, still struggling to sleep with worry / stress but getting my head round it all . Section 13 of bpa is suitable vague on grace periods on bothe arrival & departure !

    Is there a better time to register my defence ? Early or late ?

    Can anyone point me in the direction of the Beavis case sign that I can print for comparison purposes
  • KeithP
    KeithP Posts: 37,574 Forumite
    Name Dropper First Post First Anniversary
    Westham_man wrote: »
    Can anyone point me in the direction of the Beavis case sign that I can print for comparison purposes
    There's one linked from post #3 of the NEWBIES thread - in the signage template.

    Or google beavis sign. ;)
  • Westham_man
    Westham_man Posts: 72 Forumite
    First Anniversary
    Also how long should it take for the SAR paperwork to be received - or do they have a habit of not sending them out ?
This discussion has been closed.
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