New Generation Parking PCN - Claimform - parking outside of marked bay - Appeal refused - Malpas road shopping centre, Newport, Wales.

[lookinforinfo]

That was a very poor response to your sar if that was all you received. You should have been sent all the PCNs they have sent plus debt collector's and solicitor's letters at the very least. Plus any appeals and their responses.

[TT98]

I am preparing my defence today using the template provided on here, would their poor response to my SAR be worth a mention in the defence? 
 

Appreciate the advice 

[dx100uk]

IMHO failure to properly comply with an SAR is a sep matter that can be enforced in court, but is a matter for later. p'haps worth a mention in your WS if the claim ever gets that far.

your defence should be as vague and generic as their POC. not giving anything away.

[TT98]

I appreciate the advice thank you, here is my defence as it stands, as copied from the sticky posted earlier, with the reg to be inputted before sending :

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 

1.  The Defendant is the recorded keeper of [motor vehicle]. 

2.  It is denied that the Defendant entered into a contract with the Claimant.  

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.   

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

Also, I am no longer the registered keeper, so I assume I change the 2nd line to ‘the defendant is the former keeper…’

[FTMDave]

I don't know if this has already been asked upthread.

Did you receive a Letter of Claim a month or so before the claim form?

[TT98]

Would this be a letter from DCB legal or an official looking letter from the court/ government?

If the former I’d like to say no, but there is a possibility.

I’ll be honest anything with the DCB letterhead went straight into the bin without much notice.  

If the latter, then no as I’ve been sure to keep any eye out for anything official from the court. 

[FTMDave]

It would have been the former, and if they had failed to send it the matter could have been added to your defence.

The defence is good to go as is.

It doesn't make much odds, but you could change the first part to -

1.  The Defendant was the recorded keeper of [motor vehicle].

 

[FTMDave]

Once your defence is filed please come back here so we can deal with the SAR and other matters.

[FTMDave]

And?

[TT98]

Morning! 
 

apologies for delay in reply, defence is now submitted 

ready for whatever you advise next 

 

Thank you 

[FTMDave]

OK, so firstly this throwing away of paperwork has to stop.  You now have to play catch-up, trying to get your hands on the correspondence and with the other side trying to put barriers in your way.  You have to defend yourself without properly knowing what you're being accused of.

For example, we don't know if they respected the Protection of Freedoms Act when they sent the PCN.

So two things.

1.  When they replied to your SAR, did they really just send photos and the appeals in a big block of text?  No PCN?  No reminder letters?  No Letter of Claim?

2.  If so, you can sue them for a couple of hundred quid for distress for not respecting their statutory duty.  Are you willing to do this?  Have a little think about it and let us know.

[TT98]

Have definitely learnt my lesson in terms of keeping paper work, will be sure to file it all and keep it safe. 
 

new generation’s reply to my SAR was indeed just that, the opening page, a second page saying the subject access request is attached then nothing but pictures of CCTV & the entirety of the appeal process with times & dates of when I accessed the appeals portal. 
 

However DCB legal’s reply to the request I sent to them was a bit more thorough, it includes the final reminder from new generation before being passed to DCB legal & even the agreement between land owner & company to enforce these charges. Along with all the photos I’ve previously posted & my rejected appeal.  I’ll be sure to get all these documents uploaded tomorrow as soon as I’m able to 
 

 

[Outoftoon]

I'll be interested to see the agreement between land owner and company as I haven't been sent it as part of my CPR request.

[TT98]

Documents from DCB legal in relation to CPR request 

DCB_legal_response_to_CPR_.pdf

[Nicky Boy]

The "Parking Control Agreement" is laughable.

They've totally redacted the name of the "client".

If they present that to a Judge, it will be fun.

[lookinforinfo]

Not only that but as they haven't decided whether the client is an agent or not, if they are they will need to provide confirmation that they can act on behalf of the Principal. And their position in the company might help. The tea boy does not cut it as a signatory.

[lookinforinfo]

In Link Parking v Ms P C7GF50J7 [2016] it was also found that the parking company could not override the tenant’s right to park by requiring a permit to park.

I took that from this website

 

Residential Parking – fightback guide

WWW.PARKINGCOWBOYS.CO.UK

---

The following piece is based on the Parking Prankster's guide to residential parking. It explains how to fight tickets in residential parking situations, often where landholders get unfairly ticketed in their own space. There are many...

which does have other interesting points to strengthen your situation.

Edited March 22 by lookinforinfo

[TT98]

Hello all,

been a while since my last post in this thread,

have been patiently waiting for my allocation to the small claims track, which has now arrived.

Although it is dated 04/04 it was only put through the letter box yesterday!

I have until 22/02 to submit the form so any help would be greatly appreciated!

I will upload all pages of the form if necessary 

 

Thanks 

Small claims court .pdf

[honeybee13]

Do you have anything other than the N180 and that letter? We know what an N180 looks like.

HB

[TT98]

That is all that was received, nothing else in the envelope or previously apart from a letter from DCB asking to get in touch with them with an offer for settlement 

[FTMDave]

The N180 is just a standard form, instructions on how to fill it in are on any claim form thread.

[TT98]

Perfect will refer to that, thank you 

[AndyOrch]

 

[dx100uk]

check mcol does it state DQ N180 sent to you?

if it does then:

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx