PCN Court claim details sent but...

[Amethyst]

Btw don't put thread link in subject box charitynjw - means I can't just click it so put link in body of email xx yes I am very lazy

[charitynjw]

Ok, ignore ZZPS (Toothless debt collectors.)

Imho, the site signage fails the 'Beavis' test for 'prominence of terms' (esp the alleged contractual amount for breach of contract.)

But the 'biggie' is on the notice to keeper.
There is no period of parking shown, only a discrete time.
This is a 'fail' by virtue of Schedule 4, Protection of Freedoms act 2012.

[charitynjw]

Btw don't put thread link in subject box charitynjw - means I can't just click it so put link in body of email xx yes I am very lazy

I'm saying nowt!

[ostell]

That PCN is not compliant with POFA. Immediately obvious is that 9 (2) e) is not there

[calex1965]

much appreciated guys, ill see what the leeches come back with

[calex1965]

Hello there,

I received this reply:


Enterprise Parking Solutions Ltd -v- XXXXXX

Claim Number: XXXXXXXX

Our Reference: XXXXXXXX


"We write further to your email dated xxxxx, the contents of which have been duly noted.

In light of your requests we can confirm the following:

· Please find attached copies of the documentation we hold in relation to this matter."

(Photographs were received of the keeper entering and departing on both dates with dates/time shown. However, the keeper has not received any photographic evidence of the signage in the area as requested)

· "Your request for a copy of your Consumer Credit Agreement under sections 77-79 of the Consumer Credit Act 1974 is invalid as the matter is in relation to 2 Parking Charge Notices, you have not been provided credit of any amount by the Claimant, please refer to sections 8-9 of the Consumer Credit Act 1974.

· Your Subject Access Request has been acknowledged. The information requested will be provided within the next 30 days.



We look forward to receiving your response to the Claim Pack in due course.



Please note if no response is received on or before xxxx May 2019 our Client will instruct us to obtain a County Court Judgment against you in default."

Any thoughts on this amigos??
Cheers

[charitynjw]

Signage is not personal data. (Re SAR)

Write to them & ask for it, quoting the Pre Action Protocol.

[calex1965]

Hi again guys,

Signage is not personal data. (Re SAR)

Write to them & ask for it, quoting the Pre Action Protocol.

I Recieved a pre action protocol letter after the PCNs and have also requested a SAR as shown in previous threads. However they state the SAR will be sent within 30 days- which will go over the date they they expect a returned response pack and if not they claim i will receive a default CCJ...



1. Should the keeper follow the instructions and inform of:
QUOTE, the site signage fails the 'Beavis' test for 'prominence of terms' (esp the alleged contractual amount for breach of contract.)
But the 'biggie' is on the notice to keeper.
There is no period of parking shown, only a discrete time.
This is a 'fail' by virtue of Schedule 4, Protection of Freedoms act 2012.UNQUOTE

2. QUOTE "That PCN is not compliant with POFA. Immediately obvious is that 9 (2) e) is not there" UNQUOTE.

3. The keeper had requested and has still not received any proof of any signage on the 2 dates the PCNS were given by the claimant.


Any assistance would be great!
Cheers

[charitynjw]

Hi again guys,



I Recieved a pre action protocol letter after the PCNs and have also requested a SAR as shown in previous threads. However they state the SAR will be sent within 30 days- which will go over the date they they expect a returned response pack and if not they claim i will receive a default CCJ...



1. Should the keeper follow the instructions and inform of:
QUOTE, the site signage fails the 'Beavis' test for 'prominence of terms' (esp the alleged contractual amount for breach of contract.)
But the 'biggie' is on the notice to keeper.
There is no period of parking shown, only a discrete time.
This is a 'fail' by virtue of Schedule 4, Protection of Freedoms act 2012.UNQUOTE

2. QUOTE "That PCN is not compliant with POFA. Immediately obvious is that 9 (2) e) is not there" UNQUOTE.

3. The keeper had requested and has still not received any proof of any signage on the 2 dates the PCNS were given by the claimant.


Any assistance would be great!
Cheers

Obviously don't put the bit in red, but the rest is relevant.

Don't miss the defence deadline, whatever you do. (33 days from the issue date on the court claim, 4pm absolute latest.)

[calex1965]

many thanks for your time and prompt response

[calex1965]

Is their a problem here....?
The issue date for the county court claim form was at the start of the second week in March, however my last correspondence from the solicitors (dated 8th April on this thread and starting "hello there , i received this reply)" states... Quote/" Please note if no response is received on or before xxxx (in the 2nd week in May) 2019, our Client will instruct us to obtain a County Court Judgment against you in default."Unquote.

Will the requests still stand sent prior to the 2nd week in May..?
Cheers

[calex1965]

Will my requests still stand that is. Just to confirm,I did return off an acknowledgement of service mid march.Cheers

[charitynjw]

Is their a problem here....?
The issue date for the county court claim form was at the start of the second week in March, however my last correspondence from the solicitors (dated 8th April on this thread and starting "hello there , i received this reply)" states... Quote/" Please note if no response is received on or before xxxx (in the 2nd week in May) 2019, our Client will instruct us to obtain a County Court Judgment against you in default."Unquote.

Will the requests still stand sent prior to the 2nd week in May..?
Cheers

Take no notice of that.

Not to say they're wrong, but-

Your deadline to file a defence is 33 days from the issue date on the court claim N1. (4pm latest)

Any requests you have made for disclosure are still valid all the way through the court process.

[calex1965]

Muchos gracias

[des8]

Claim issued 08.03. plus 33 days means defence should have been filed and served by 10th April.

If you haven't already sent it in do so PDQ