NSGL/QDR PCN claimform - residential - Century Wharf, Cardiff, CF10 5NP - *** Claim Dismissed***

[Cardiff Devil]

Hi all

 

No update on this particular case but in one of the subsequent POPLA appeals regarding an invoice at the same premises for a later date which is currently ongoing they've provided 2 copies of a landowner contract, one dated 2015 and the other dated 2021 which do actually appear to give them the right to take legal action.  

 

One of the points I was planning to make in my witness statement is lack of locus standi so I'm guessing this rules that one out.

 

I've attached them here for perusal.

 

Thanks

CD

Century wharfParking enforcement agreement V2.pdf century wharf agreement signed.pdf

[dx100uk]

but until they produce those in their ws they have no relevance to this court  case...

[Cardiff Devil]

Afternoon all.

 

I've been away for a few weeks. 

 

When I got home I had a letter from from the Cardiff CC. 

The hearing looks like it's going ahead on the 28th July, and I've been instructed to submit a witness statement to the court and the other party by June 9th.  

 

I've already started prepping a witness statement.  When I've got it sort of ready am I OK to post a redacted copy of it up here for scrutiny?

 

Thanks

CD

[honeybee13]

Of course, post it up when you're ready and we'll check it over for you.

 

HB

[lookinforinfo]

I have asked twice already to complete this questionnaire.

It isn't difficult to fill out nor does it take time to fill it out but it may well help you to avoid losing in Court.

[Cardiff Devil]

OK, so if you think it'll help;

 

1 The date of infringement? 09/03/2020
 

2 Have you yet appealed to the parking company yet? [Y/N?] Yes
 

Has there been a response?  Yes
 

Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]  Yes
 

What date is on it? 14/04/2020
 

Did the NTK provide photographic evidence? No, but it did give a brief instruction of how to access them online

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Yes
 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

Yes, they gave instructions on how to appeal to POPLA.
 

5 Who is the parking company? NSGL Ltd
 

6. Where exactly [Carpark name and town] did you park? Century Wharf Housing Complex - Cardiff Bay

 

NTK1-Redacted.pdf Appeal to NSGL - 09_04_2020.pdf appeal-reply-redacted.pdf

[dx100uk]

hi CD

can i just check the above appeal/reply docs are in relation to the PCN detailed in the POC ?

 

so they have upheld the same appeal on numerous other like PCN's but decided simply to play stupid on this one?

 

[Cardiff Devil]

No, the PPC have rejected all the appeals I've sent their way.  I've subsequently appealed 7 (I think) to POPLA.  2 got rejected and the other 5 upheld.  Same car park, same parking space, same circumstances in every way.

[dx100uk]

ok sorry

so 5 successes through popla for basically the same situation as this one?

that needs a mention if true

[Cardiff Devil]

Yep.  I'm fully expecting another claim form for the other rejected appeal to arrive shortly, although part of me expects that they'll wait to find out the outcome of this particular case first before they chance their hand again.

 

I'll add it to the witness statement.  If their own governing body appeals service deems the majority of them to be unfairly issued, then I'm not sure what they hope to achieve in county court.

[brassnecked]

That 5 were upheld by POPLA would be probably fatal to their case if POC on exactly same grounds the other appeals to POPLA were upheld on, as no course of action realistically exists.

[Cardiff Devil]

Thanks both.  I'll spend some time over the long weekend working it into my WS.  

 

One other question, I want to bring up the case of UKPC vs Miss C linked here;

 

https://parking-prankster.blogspot.com/2017/07/ukpc-lose-residential-case-tenant-can.html

 

The circumstances of this case are nearly identical to mine.  However, is there some official copy of the judgement I can include in my evidence pack?  I want to refer to it but can't find any other reference to it other than a few paragraphs on Parking Prankster's blog.

[dx100uk]

simply use the claim number etc like..

 

C8HW2E9Q – UKPC v Miss C, Reading 12/07/2017 before District Judge Harrison

[Cardiff Devil]

Cheers DX.  I've included that now.  Plus expanded it to include a bit about the successful POPLA appeals.

 

I've attached a draft here for your perusal.  Let me know if anything needs adding, removing or expanding?

 

Thanks

CD

Copy of Defendant's Witness Statement - Redacted.pdf

[brassnecked]

Looks good is clear concise and simple. Just see what rest of team thinks there may be some fettling here and there.

[Cardiff Devil]

Cheers BN.  I've got about another week until it needs to be finalised and sent off so I'll hang on for now and see what the folks have to say.

[brassnecked]

It addresses the issues, one point that springs to mind is why did the Managing Agents bring in fleecer's to a place that only authorised people can enter as in by fob, or by resident opening the gate for them.   Once Fleecers sent away, might be worth billing them for their breach of GDPR obtaining your keeper details.

 

 

[Cardiff Devil]

No idea mate, maybe they had problems in the past with people parking in others spaces.  As far as I know the majority of the flats in the complex have one allocated space each so if you get a couple move in to one flat who have a car each, with very limited numbers of visitors bays available that's only going to cause issues.  

 

Then along come our company who generously offer to police parking at the premises with no cost to the landowner.  The problem is solved from their side.  

 

I don't know anyone else who lives at the complex so I'm not sure how widespread an issue it is but it seems to be a bit of a sledgehammer to crack a nut approach.  If it was a case of them only coming to slap a PCN on a car if a resident contacted them to complain that someone was in their space illegally then it'd be perfectly reasonable as it's depriving a resident use of their own space that they're paying for.

 

The GDPR angle is interesting, although they'd probably just claim that because they're members of the BPA this gives them an automatic right to request anyone's details from the DVLA.  Whether a civil dispute such as this is sufficient grounds to release a person's personal data under the GDPR is a whole other can of worms though.  What's ironic is that if I had suffered a genuine loss, say for instance someone sideswiped my car outside my house and drove off, but I got their registration number on my CCTV, the DVLA probably wouldn't give it to me, and I'd have to go via the police to get their information.  Whereas these cowboys can simply request it because someone committed the heinous crime of parking without a slip of paper on their dashboard.  The DVLA gets their fee for providing the details to shady outfits like these anyway so I'm sure they don't give a toss.

[FTMDave]

I've cut out a few lines that weren't particularly relevant, added the odd thing and moved the sections round a bit to try to make the arguments better follow each other.  See what you think.

 

A couple of things.

 

Did you ever get a look at the driver's friend's tenancy agreement and what is says about parking?

 

I was wondering whether to put in a mention of the driver always leaving notes but thought best not to, as it would suggest they had seen the signs and knew that parking was regulated.  But see what the other regulars think.

 

Can you confirm how the figure of £162 is reached?  Is it £80 PCN plus £82 Unicorn Food Tax?  I've added a short sentence to that effect at the end.

Copy of Defendant's Witness Statement - Redacted-converted-converted.pdf

[Cardiff Devil]

Cheers Dave

 

I did ask the resident whether she had consulted her tenancy agreement but the long and the short of it was that she rents it privately off another friend (who I don't know) and never signed an official agreement.

 

I'll just went back and consulted the letter chain and the total owed went from £80 for just the PCN to £150 when the debt collection company (ZZPS Ltd) got involved.  It doesn't say what those additional fees are for, it just says "In accordance with the terms and conditions of parking, debt collection charges have now been added and the balance owed is shown above.  You were given prior notice of additional costs through the signage at the location."   Not sure yet where they've got the other £12 from.

[brassnecked]

BPA membership gives no right to process data in breach of GDPR if there is no cause to request it.

[Cardiff Devil]

I agree, but this document seems to state otherwise;

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/861052/inf266-release-of-information-from-dvlas-registers.pdf

 

 

[FTMDave]

Rereading, this last paragraph I've added is pretty poor.  Change it to "In their Particulars of Claim, as well as the £80 "parking charge" plus costs and interest, the claimant has invented a spurious amount of £82 in an attempt to circumvent the limit on costs at small claims and in essence to recover costs twice" and move its position to before your Beavis paragraph..

 

Cut out the bit "I acknowledge that the claimant has a duty to prevent unauthorised parking on the premises but" as later under "No Locus Standi" you say they have not shown proof of authority to enforce parking.

Edited June 1, 2021 by FTMDave
Typo

[Cardiff Devil]

Thanks Dave, I wasn't sure about that bit.  I'll review it when I get home and let you know.

 

Cheers for the help.

CD

[Cardiff Devil]

Morning Dave

 

I've made the changes as you've suggested and am ready to file this now as it needs to be in by the 9th.  One last question hopefully, after the section regarding punitive charges, do I need to put in any kind of summary paragraph or is it fine to go as it is, with the photos and other evidence included?

 

Cheers

CD