Armtrac/BW Windscreen PCN PAPLOC Now Claimform - no Permit Beach Road Porthtowan, Cornwall.

[Bobbynub]

Thanks for the replies, shall I just delete the signage part altogether then?

[dx100uk]

i sometimes like old school snotty letters...

 

NCP/BW ANPR PCN Letter of Claim - Spires Barnet - Private Land Parking Enforcement - Consumer Action Group

[Bobbynub]

"Dear BW Legal,

 

With reference to your most recent letter to myself – letter of claim, I am writing to inform you that I shall be disputing the claim as I do not owe your cowboy clients a penny.

 

As you should know, no keeper liability has been created by your clients, since they have no solid evidence as to who was driving the vehicle. Also, KBT Cornwall evidently do not realise that an immovable vehicle prevents the driver from being able to fulfil their contract.

 

I suggest that this should be taken no further, but if you are foolish enough to proceed, then you should be aware that the claim will be firmly defended and an unreasonable costs order under CPR27.12(2)(g) shall be brought against your clients.

 

I may also add that a claim shall be made for breach of the GDPR for accessing my personal data when they had no grounds to do so.

Yours sincerely"

 

Here's the updated letter, just printed now and will send off today with proof of postage.

 

Thanks for your help.

 

Sent off snotty letter today, but I have just realised that I forgot to sign it! Is this an issue?

[dx100uk]

who said you ever sign it?

 

dx

[Bobbynub]

Hi dx, 

No one - I personally would have thought this kind of letter should be signed however?

[dx100uk]

no simply print your name

[brassnecked]

Don's want any signature they could photocopy and then be able to use potentially nefariously

 

[Bobbynub]

Letter received from BW Legal today;

 

The line "your dispute regarding an immovable vehicle is irrelevant as we are unsure why this would prevent a valid permit from being displayed in your vehicle" is a load of rubbish as there are no pay and display machines, or any way of paying paying for a permit at all down that road.

 

Sorry, new file here.

 

BW Snotty letter reply.pdf

[dx100uk]

oh well see if they issue a court claim

don't move without informing their client

they have 6yrs from the event.

[lookinforinfo]

If as they say they are pursuing you as the keeper then they have to have complied with PoFA. Couuld you please answer the following questions to see if they are correct-

 

 

[Bobbynub]

Hi sorry for the delay.

 

Armtrac have not replied to the SAR, and so have not kept within the time limit.

 

I travelled to Cornwall the other day.

The sign which is broken is the one that is closest to where I parked.

The other signs pictured are the ones on the entrance to the road

 

 

 

photos of Parking Signs .pdf

[FTMDave]

Well, you replied to their Letter of Claim.  Yours is not now the next move.  Let's see if they have the gonads to do court.

 

Good to see Amtrac professionally managing the car park - by being too bone idle to even replace a knackered sign!

 

Well done on all the graft you've put in.  You have proof there were no signs where you parked, proof there were no bays painted so it was impossible to keep to the condition to park within bays, proof of the puncture, etc.

 

It's best to let sleeping fleecers lie, but part of me is tempted to send them a Letter of Claim for not respecting your SAR 

[Bobbynub]

Thanks Dave. I thought the same about the broken sign, which was the one closest to where I parked. I still have not received a reply to my SAR!

 

The small car park / layby that I parked in is very deceiving. Many people park in there, as it is directly opposite the pub and simply looks like a free pub car park. There are no markings or signs directly in that car park, only down the lanes leading up to it.

 

Unfortunately I have received a claim form from the county court today. I have attached a separate photo of this.

 

[dx100uk]

thanks for the sign

 

we don't need the N1 so i've removed that

 

please complete this:

dx

 

[Bobbynub]

Thanks Dx.

 

Name of the Claimant : Armtrac

 

Claimants Solicitors: BW

 

Date of issue – 20/07/21

 

Date for AOS - 07/08/21

 

Date to submit Defence - 21/08/21 (or 20/08/21 as the 21st is a Saturday)

 

What is the claim for –

 

1.The claim is for the sum of £106.10 being due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on 18/09/2020 in the private car park/land at Beach Road Porthtowan TR4 8AW in relation to a *Car make and reg number*.

 

2.The PCN was issued as the driver failed to comply with the terms and conditions, as displayed.

 

3.Despite demands, the charge remains unpaid.

 

4.The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.02) from 18/09/2020 to 19/07/2021 being an amount of £6.10.

 

5.The Claimant also claims £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.

 

Amount Claimed - £166.10

court fees - £35.00

legal rep fees - £50.00

Total Amount - £251.10

 

 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[Bobbynub]

Thanks very much DX.

AOS now complete. One thing I have just realized that I have done and I am unsure whether I should have.. on the AOS I listed my email and phone number as it asked. Reading through your post of the CPR template you say to never give your email address. Will the claimant be able to see this information?

 

 

[dx100uk]

no.

[Bobbynub]

Thanks, I'll get the CPR off ASAP.

[FTMDave]

You can sue Amtrac for not replying to your SAR if you wish. 

 

Have a think about if this is a road you want to go down.

[Bobbynub]

Thanks Dave. I'll have a think, and I'm sure the results of the court case will have an impact on my decision. What kind of chance do I stand at winning the SAR case?

I have sent off the

The CRP got sent off last week, so as I understand, I must now submit my defence? 

[dx100uk]

 

On 21/07/2021 at 20:51, Bobbynub said:

Date to submit Defence - 21/08/21 (or 20/08/21 as the 21st is a Saturday)

 

std 3-5 line generic defence in most pcn claimform threads here.

 

as for the sar guaranteed win. Though you might want to tell the ico of their failure 1st

 

DX

[Bobbynub]

Thanks DX.

 

What benefit would telling the ICO have? And what evidence would I need to support the SAR case?

 

 

[dx100uk]

the ICO deal with all data protection rule etc breaches.

 

they often fire a shot across the bows of whom has failed the sar timeline and it magically appears.

you should ideally do this before launching a court claim as tempting as it is...

[Bobbynub]

Thanks DX, I have just submitted a complaint to the ICO.

 

Should I email/write to KBT/BW Legal to tell them I have done so?