SIP Parking Claim Form Royal William Yard

[MustavaM]

Hi All,

I parked in the Royal William Yard some time ago and paid £5 (or thereabouts) into the machine after selecting the picture of my car having first put in my numberplate. It then upon pushing the button to complete the transaction failed to print me a ticket and it wouldn't give me my money back (I'm reasonably technically proficient so don't believe this was operator error). I made the assumption that having selected the picture of my car and having paid £5 which I couldn't get back that it must have recorded this information and so went on to the birthday meal I was going to. On returning to my car I discovered a parking ticket and I immediately took it to the entrance to the car park where the security guards were and said I'd like to challenge it, they told me it was an external firm and nothing to do with them. So I went on to the website they provide to challenge tickets and it asked for loads of information that I didn't feel comfortable giving. I have to admit this was ages ago and I can't even remember what info it asked for to back that up, but I know that at the time I was furious and felt that it was totally unreasonable for me to have to give up my personal information due to a problem with their machine. So I just left it and ignored the letters, I suppose expecting it to go away. I know it's not the best way to deal with things, but life's busy and hectic enough without wasting time dealing with people who I feel are just trying to rip people off or intimidate people into paying things. So I've now received the claim form (or to be completely honest I received it mid Feb) and have done the AOS. I did send the SAR to SIP Parking but never received anything back. Basically I'm hoping that the fact that I had actually paid into the machine and that it was attached to my numberplate means that I have some sort of defence along with there being an unreasonable amount of my personal information required just to open a dialogue with them about the ticket would mean I can defend this? Upon reflection I know this may all seem to have been an avoidable stage to get to but I've been working 6 days a week and have had several deaths to contend with that have had quite an impact on my life and I guess I've hoped things would just go away (never seems to be the case). Apologies for the essay and the sob story but don't want you to think I've just been lazy about it all. Any help much appreciated.

[charitynjw]

Hi Mustavum & welcome

To what address did you send the SAR?
Could you post up a copy? (Suitably redacted)?
Do you have proof of sending?

[MustavaM]

Hi and thank you for getting back so quickly. Here's the SAR letter I sent and I have a royal mail signed for reciept which was received and signed for on the 21.12.18.


Data Protection, SIP Parking Limited, Peter House, Oxford Street, Manchester M1 5AN

Dear Sir or Madam

Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

.....Name and Address....

Please supply the data about me that I am entitled to under data protection law relating to myself.
- ALL photos taken
- A close up of the signs on the day in question
- Evidence that you have paid a debt collector
- All letters/emails sent and received, including any appeal correspondence earlier
- A PDT machine record from that day, of payments made (VRNs can be partially redacted)
- All data held, all evidence you will rely on, and a full copy of the PCN
- A list of any other PCNs you consider are outstanding against me and/or this VRN.
If you need any more data from me to confirm my identity, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

[charitynjw]

They probably won't send

- A close up of the signs on the day in question
- Evidence that you have paid a debt collector

Not personal data

[MustavaM]

They probably won't send

- A close up of the signs on the day in question
- Evidence that you have paid a debt collector

Not personal data

Fair enough, I guess what I was hoping for is evidence that the machine had recorded an overpayment or some sort of link to my car with payment, the rest is what was on a template I found and I just left it all in there. Is there any argument I can enter that they possibly do have that information and hence they haven't sent the SAR back?

[charitynjw]

Fair enough, I guess what I was hoping for is evidence that the machine had recorded an overpayment or some sort of link to my car with payment, the rest is what was on a template I found and I just left it all in there. Is there any argument I can enter that they possibly do have that information and hence they haven't sent the SAR back?

They should still respond with the other requests (or tell you why they can't).

What stage are you at re them chasing?
Just demands, or has it reached pre-court threats?

[MustavaM]

They should still respond with the other requests (or tell you why they can't).

What stage are you at re them chasing?
Just demands, or has it reached pre-court threats?

I'm sad to say I'm way past that and am at the county court claim form need to enter a defence stage. Do I have any rights or defence as they never replied to the SAR? Also is it a defence/defendable that I paid and that their machine should have a record of it?

[charitynjw]

I'm sad to say I'm way past that and am at the county court claim form need to enter a defence stage. Do I have any rights or defence as they never replied to the SAR? Also is it a defence/defendable that I paid and that their machine should have a record of it?

Ah yes, I missed that in your 'war & peace' (post #1)
(Next stop Specsavers for me, I reckon!)

Ok, you appear to be on the cusp of filing a defence.
You've sent a SAR (when?) & had no response....did you get proof of sending?

[MustavaM]

Haha, I appreciate the input specsavers or not I sent the SAR on the 18th Dec and they signed for it on the 21st Dec.

[charitynjw]

No worries,then.

A defence can be filed.....no response by Claimant, or still awaiting response...that kind of thing.

[MustavaM]

I don't suppose you'd be able to look this over to give me an idea of how far off it is could you?

[charitynjw]

Put something about sending a Data Protection Subject Access Request on [xxxx] date, but as yet no response.
+...The Defendant can't possibly be expected to defend the Claimants claim without their full disclosure of evidence.

And

Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[MustavaM]

Thanks again, how about now?

[charitynjw]

See post #12

All that stuff after 'Add', well..........add!

[MustavaM]

Okay hopefully nearly there now