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  • FIRST POST
    • Lunek
    • By Lunek 5th May 18, 9:16 PM
    • 55Posts
    • 5Thanks
    Lunek
    PLEASE HELP! Court Claim for residential parking fines!
    • #1
    • 5th May 18, 9:16 PM
    PLEASE HELP! Court Claim for residential parking fines! 5th May 18 at 9:16 PM
    Hello there,
    Iíve read the NEWBIES thread and other ones but couldnít see any similar situations.
    I received Court Claim Form for parking fines (UKPC)
    I live in a block of flats with private car park. You need the permit to park here. There are coded gates to the car park.
    My flat is from the council and when I moved in in 2016 I was told there was no permits for council tenants and that they were sorting it and I should get one within few weeks (in reality it took almost a year). I was told I will get fine if I park my car there and the same thing says in my tenancy agreement.
    I tried to keep my car elsewhere but sometimes I had no choice but to park in the car park because my children were very young at the time and often fell asleep in the car. Iím a single mum and thereís nowhere to park near my place.
    I received 5 fines in total which I ignored (I know...not wise!) Now I received Court Claim Form. I have acknowledged it online without writing any defence.
    I donít really know where to start and how I can defend myself in this case. I canít get any photos of the signage because UKPC is no longer in charge of this car park.
    I was thinking about settlement, offering them me paying for the permits from the day I moved in which would be 10 months of £25. But not sure it will work.
    Can someone Please give me some guidance ? I donít think I can handle it on my own !!!128584;
Page 2
    • Half_way
    • By Half_way 16th May 18, 7:30 AM
    • 4,273 Posts
    • 6,070 Thanks
    Half_way
    Can you also clarify what !!!8217; relates to
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Lunek
    • By Lunek 16th May 18, 7:35 AM
    • 55 Posts
    • 5 Thanks
    Lunek
    13th April
    • nosferatu1001
    • By nosferatu1001 16th May 18, 8:11 AM
    • 3,429 Posts
    • 4,269 Thanks
    nosferatu1001
    OK so you have acknowledged this I hope, oitherwise you are out of time. This is indeed serious stuff.

    On your OTHER thread hit report and get it deleted. DO NOT START ANOTHER NEW THREAD. Your lack of planning is not our emergency, and putting in multiple threads will just annoy regulars.
    • Le_Kirk
    • By Le_Kirk 16th May 18, 9:50 AM
    • 3,207 Posts
    • 2,126 Thanks
    Le_Kirk
    Can you also clarify what !!!8217; relates to
    Originally posted by Half_way
    Whoever posted that comment is using an Apple device with Smart punctuation turned on.
    • Lunek
    • By Lunek 16th May 18, 10:36 AM
    • 55 Posts
    • 5 Thanks
    Lunek
    OK so you have acknowledged this I hope, oitherwise you are out of time. This is indeed serious stuff.

    On your OTHER thread hit report and get it deleted. DO NOT START ANOTHER NEW THREAD. Your lack of planning is not our emergency, and putting in multiple threads will just annoy regulars.
    Thank you for your reply.

    I have acknowledged and I have to send the defence today.
    I have been working on it, trying to understand it all. I am a lone parent of two small children and working as well so it is hard to find time to do everything.
    I would even pay someone to help me.

    I would really appreciate if someone could tell me if my defence is ok to submit.

    And I will delete the other post. Apologies for that
    • Lunek
    • By Lunek 16th May 18, 10:38 AM
    • 55 Posts
    • 5 Thanks
    Lunek
    PCNs from residential car park. Parking without the permit. I was waiting for the permit to be issued which supposed to take few weeks but in reality took almost a year. I got 5 PCNs
    • KeithP
    • By KeithP 16th May 18, 1:37 PM
    • 9,271 Posts
    • 9,506 Thanks
    KeithP
    13th April
    Originally posted by Lunek
    Your Defence has to be received by the CCBC by 4pm today.

    Print it and sign it.
    Then scan it back in as a PDF.
    Send it as an email attachment to CCBCAQ@Justice.gov.uk
    .
    • Lunek
    • By Lunek 16th May 18, 1:39 PM
    • 55 Posts
    • 5 Thanks
    Lunek
    Print it and sign it.
    Then scan it back in as a PDF.
    Send it as an email attachment to CCBCAQ@Justice.gov.uk
    Thank you so much. Will do that now
    • KeithP
    • By KeithP 16th May 18, 1:48 PM
    • 9,271 Posts
    • 9,506 Thanks
    KeithP
    Keep the original signed paper copy in your file.
    .
    • Lunek
    • By Lunek 16th May 18, 2:31 PM
    • 55 Posts
    • 5 Thanks
    Lunek
    Sent and received confirmation email !!!55357;!!!56911;
    What a relief.

    Thank you! I really appreciate your help !!!55357;!!!56842;
    • Loadsofchildren123
    • By Loadsofchildren123 16th May 18, 4:16 PM
    • 2,353 Posts
    • 3,929 Thanks
    Loadsofchildren123
    You may be able to threaten to sue the council. It must be an implied term of the tenancy that they would provide you with the permit so you could use the carpark.
    Obviously this would need more investigation to see what was said about the provision of a permit when you signed it (not them saying later "we can't get you a permit yet, don't park there", but what was said at the time you signed it).
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Coupon-mad
    • By Coupon-mad 16th May 18, 7:17 PM
    • 61,626 Posts
    • 74,533 Thanks
    Coupon-mad
    Send a complaint about this to the Council, plus tell them that UKPC are banned for a second time by the DVLA now, and are under investigation, so when are the Council going to end this wholly unsuitable contract?

    In fact if you wait till 25th May, send a SAR to UKPC for all photos, data held, letters sent, PCNs and any 'white list' entry and dates you VRN was added to that list, and anything about your awaited permit, the reason for the year delay and all/any information or communications from the Council/landowner regarding the same.

    and a SAR to the Council for the same as the above, quoting your VRN.

    Google to read about what a SAR is, only send these at/after 25th May, when GDPR comes in. Read about it, tons about this online right now, and a SAR is free and they have to release ALL information held about you/your VRN.

    Also search this forum for 'SAR subject access' and copy one written the other week, and add in the above requirements and your VRN, name and address.

    Let's see what UKPC and the Council comes back with. And like I said, also complain in a separate letter to the Council and tip them off about UKPC being a (by all accounts) disreputable firm who are banned again, and demand to know whose fault it was that no permit was supplied in a timely fashion, because you intend to sue over any loss caused:

    https://www.independent.co.uk/news/uk/home-news/uk-parking-control-dvla-suspension-misuse-of-data-a8325941.html

    You want UKPC gone. Be really robust about the complaint and the SARs (after 25th).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Lunek
    • By Lunek 28th May 18, 10:00 PM
    • 55 Posts
    • 5 Thanks
    Lunek
    Thank you for all your support. I really appreciate it.
    I!!!8217;m working on my SAR now.

    Do I send it to the council or the housing association?
    • Coupon-mad
    • By Coupon-mad 28th May 18, 10:06 PM
    • 61,626 Posts
    • 74,533 Thanks
    Coupon-mad
    Housing Association by the sounds of it. I thought you said Council?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Lunek
    • By Lunek 28th May 18, 10:09 PM
    • 55 Posts
    • 5 Thanks
    Lunek
    Well they are connected as the council directed me to the housing association.
    • Lunek
    • By Lunek 28th May 18, 10:10 PM
    • 55 Posts
    • 5 Thanks
    Lunek
    When I search SAR nothing comes up.
    Would it be in other similar threads about parking tickets?
    • Umkomaas
    • By Umkomaas 28th May 18, 10:59 PM
    • 19,470 Posts
    • 30,772 Thanks
    Umkomaas
    When I search SAR nothing comes up.
    Would it be in other similar threads about parking tickets?
    Originally posted by Lunek
    There'll be very little about parking tickets, per se. You need to use suggested frameworks littered everywhere around the Internet and fill in your own details. Try these to give you a start and some inspiration.

    https://ico.org.uk/media/for-the-public/documents/1253/how_to_make_a_request.doc

    https://www.itgovernance.co.uk/blog/how-to-write-a-gdpr-compliant-data-subject-access-request-procedure/

    https://www.kingsleynapley.co.uk/insights/blogs/employment-law-blog/top-10-tips-for-making-a-subject-access-request

    https://www.mind.org.uk/media/5049859/my-personal-information.pdf

    ........ and they go on...... Google rattled these out in 0.57 seconds.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • Lunek
    • By Lunek 28th May 18, 11:11 PM
    • 55 Posts
    • 5 Thanks
    Lunek
    Thank you for that.

    I have already found some on google.

    A lot of useful information on here:
    https://padi.zendesk.com/hc/en-us/sections/201413589-Defending-Court-Claim-What-are-the-stages-?mobile_site=true
    • Coupon-mad
    • By Coupon-mad 28th May 18, 11:30 PM
    • 61,626 Posts
    • 74,533 Thanks
    Coupon-mad
    If you searched SAR on this forum and got zero results, you are searching the forum wrong!

    HOW TO USE THE FORUM SEARCH FUNCTION

    Use the Forum Jump button (one near the top and one near bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'.

    Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Lunek
    • By Lunek 29th May 18, 11:11 PM
    • 55 Posts
    • 5 Thanks
    Lunek
    Thanks for all the info. It is well appreciated.

    Could you please advise if this SAR is ok to send. Thank you

    [Your full address]
    [Phone number]
    [The date]
    [Name and address of the organisation]

    Dear Sir or Madam

    Subject access request

    Please supply the information about me which I am entitled to under the Data Protection Act 1998 relating to the following information:

    (a) All information you hold under my name and/or address and/or any other personal data and/or parameters;

    (b) All information you hold under my vehicle registration mark ABCD EFG, such as images of the car or letters sent to me about my car;

    (c) All other information you hold about me, including information from or to third parties;

    If you need more information from me, please let me know as soon as possible.
    It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer.
    If you need advice on dealing with this request, the Information Commissioner!!!8217;s Office can assist you and can be contacted on 0303 123 1113 or at www.ico.gov.uk

    Yours faithfully

    Signed
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