UKPC/DCBLegal windscreen PCN Claimform - ignored everything - not parked within lines - Crown Point Shopping Park, junction Street, leeds, ls10 1et

[royalblue1878]

Yes, just posted the LOC. 

[royalblue1878]

Just a thought...

The letter I sent today was titled Letter Before Claim is that the same as a Letter of Claim?

[AndyOrch]

Yes 

[royalblue1878]

A reply to the LOC arrived today. (within the 14 days given to them before making a claim against them)

 

I have only seen the covering letter but it states that they have no record of the original SAR being received. It was sent to the exact same address with proof of postage.

With the letter they have also sent the information covered by the SAR which I haven't seen yet.

 

I will post full details tomorrow sometime when I get it.

[FTMDave]

Well, it looks like you don't get to sue them but at least you get your hands on the paperwork she chucked away.

 

Yes, please upload it when you can - the windscreen ticket and the NTK are the most important.

[Nicky Boy]

Looks like the fleecers may be learning CAGGER tactics ignore until letter of claim arrives

[FruitSalad1010]

On 15/04/2023 at 10:40, FTMDave said:

Well, it looks like you don't get to sue them but at least you get your hands on the paperwork she chucked away.

The SAR that was submitted was dated 28 February 2023.

The statutory timeline to respond expired on 28 March 2023.

It appears OP did not receive a response or their data until 15 April 2023 (assuming the disclosure is complete).

Whether this was a mistake that was quickly remedied or whether OP's data was deliberately withheld until further pressure was applied is hard to determine.

As more of these threads occur it may be possible to determine a course of conduct.

By the letter of the law there is a cause for action under the Data Protection Act 2018.

Whether this would meet the threshold for remedy by the court may be difficult to assess.

Edited April 16, 2023 by FruitSalad1010

[royalblue1878]

This upload is the cover letter from UKPC regarding the SAR.

 

All other documents including the NTK and the Windscreen ticket are in the upload in post #47

 

The SAR letter contained the NTK, Notification letter, images taken by attendant and the Windscreen ticket (all previously sent by DCBL

 

They mysteriously didn't receive the original SAR even though it was sent in exactly the same way and to the same address as the LOC.

 

They beat the 14 days given to them by 3 days.

SAR Cover letter .pdf

[FTMDave]

So finally you have all the paperwork.

 

It looks like they respected POFA timescales.

 

Their pathetic "management" of the car park is also on display though, where they allow cars to be parked outside of bays in order to cause a tidal effect where neighbouring cars also have to park outside of bays.

[royalblue1878]

Is there any way forward with this one now or should we just cut our losses?

 

TIA.

[FTMDave]

Absolutely do not cut your losses!

 

Firstly, the way small claims work is that most of the costs are already included in the claim, so if you give in now or you lose in court the costs are similar.  In fact were you to lose in court you would have the £35 hearing fee to pay on top but the judge would likely disallow the £60 Unicorn Food Tax.

 

But more importantly you have an excellent case.

 

The POFA timescales is just one small element.

 

There is a legal concept called "mitigation".  An example.  I call a plumber to do some work, and a few days after I notice water seeping from a pipe.  It is up to the plumber to right that wrong.  But if I just twiddle my thumbs, don't even call the plumber and allow the problem to get worse & worse until the pipe bursts and causes damage to my home - well, that's my own fault.
 

The fleecers have someone patrolling the car park.  This person could have "mitigated" and told your daughter she was parking badly - yet they did not.

 

Predatory practises are not allowed by even the fleecers' own Code of Practice, let alone the government one.  The attendant knew cars were badly parked in the parents & kids bit and this would force new motorists entering the area to have to park badly, and encouraged this situation to continue.

Edited April 17, 2023 by FTMDave
Extra info added

[royalblue1878]

Thanks FTMDave That's good to hear.

[royalblue1878]

After submitting the defence to mcol is there a usual amount of time before we would hear back about a court date? Weeks, months or who knows?

 

Just had a call from DCBL, didn't speak to them just wondered why they might be calling. 

 

Thanks. 

[dx100uk]

you should have got a letter from the court acking your defence filing?

 

dx

 

[royalblue1878]

Yes, we got acknowledgement of defence back in March. 

[dx100uk]

and what else does it say...read it...

 

dx

 

[royalblue1878]

It says that the claimant has 28 days to reply otherwise the case is stayed.

 

Would the court inform us of the stay or the reply from the claimant if there was one? 

[dx100uk]

the stay is automatic.

its not mention on claim history.

 

so what date was the defence filed from MCOL claim history.

 

if its now more than say 2 mts as long as there are no court delays. i'd say its stayed and it will cost the fleecer >£100 to lift the stay if thats so.

 

 

 

 

 

 

[royalblue1878]

The mcol history filing date was 22nd march. 

[dx100uk]

well stayed then..

 

dx

 

[royalblue1878]

Got in touch with the court today and they have confirmed that the case has been stayed. 

What is the best way forward now? 

Many thanks. 

[dx100uk]

On 17/05/2023 at 19:07, dx100uk said:

its stayed and it will cost the fleecer >£100 to lift the stay now

yours is not the next move.

dx

 

[royalblue1878]

OK, we have now received form N149a from Northampton 'Notice of proposed allocation to the small claims track' 

It comes with a form to fill in.

Does this mean they have paid to lift the stay? Any advice to move forward?

Many thanks. 

[Nicky Boy]

What's the status on MCOL?

[royalblue1878]

Just had a look on MCOL and this is the latest

 

Case Stay Lifted on 14/06/2023

DQ sent to you on 14/06/2023

DQ filed by claimant on 14/06/2023