Advice on Filing a Defence for Parking Fine Claim

[Silver Paw]

Hello,

The link

https://imgur.com/a/f1DQ8da

is appear to be working.

I just logged into put up more details and it is allowing me to see them all. The first picture is the sign. If you scroll drown after the sign you should be able to see the rest of the pictures

Please could you try the link again and let me know if the link is working for you ? There are some 24 pictures. If you cannot access them I have to find a different way.


I have received a letter dated 02.06.2025 from ELMS Legal some time last week chasing payment. I did not respond to this letter. I have uploaded this also

Today I received a reply to the CPR 31.14 request sent on the 06.06.2025. Date of the reply letter is 09.06. 2025 and the date of post mark is 10.06.2025. I found the letter already opened when I collected my mail from the mail box. This is very strange because there is nobody else with a key to the mail box. As it was found opened I will not know if any paperwork was missing or taken by someone. I hope the letter was delivered to a neighbor in error who then opened it up before putting it in my letter box.

The letter dated 09.06.25 says that I have to file the defence by 16.06.2025. This is not even 28 days from 23.05.2025. So not sure what that date was all about on the letter.

The following details received on 16.06.2025 uploaded.

1) Covering letter from ELMS Legal - 1 page
2) Savills Authority Agreement - 4 pages
3)Retail Park Site Plan - 1 page
4) pictures of Signage -4 pages
5) Witness Statement by Maxi Glas from Savills - 1 page
6)Excel Parking Services Ltd- Authority Agreement and sign - 3 pages

based of the information supplied, please let me know if I revised version of the defence is to be submitted to the court I am planning to send it later this week on 19th or 20th by first class post. Hopefully it should be delivered by the 24.06.2025.

Many thanks for your help

[des8]

Sorry, but can't scroll down beyond the picture of the sign.
I have even signed up to IMGUR but still can't get further

You can probably now attach to this thread (a few at a time)

[Silver Paw]

Hello Again,

I had a friend just try the link from a different location and he was able to access all photos. It loaded some pictures first , so when you get to the last visible picture that you can see please scroll down a bit more , there is a blue banner that says "load more pictures" below the last visible picture. It also have a lot of adds in between. Please ignore them.

Please click on that blue banner and it will load more photos for you to see. I think it is loading 10 pictures first and expect the user to keep clicking on the blue banner below the pictures to see the rest of the photos. There are a total of 25 pictures.

Please try the link and let me know. I you still cannot access then I will have to find another site and upload 25 pictures.

https://imgur.com/a/f1DQ8da


Thank you

[Silver Paw]

I have tried to attach one picture to this thread but this system will not allow me to add it.

I am so frustrated, Can I put up my login details for the imgur for you to log in as me ?

Thank you

[des8]

If you trust me enough suggest you PM me rather than put the details on open forum

[Silver Paw]

Hello,

I just got some help from my partner.on this. He put the pictures in a google drive link. Not sure if this will work as we both not experts on matters relating to the computers.

Could you please try the link below.

Thank you

https://drive.google.com/drive/folde...YO?usp=sharing

[Silver Paw]

I am not sure how to go about sending you a PM?
Could you explain how I go about doing this?

Can you please try using a PC or a laptop to access the imgur link and the google link. Mobile phones are not the best

Thank you

[Silver Paw]

https://drive.google.com/drive/

folders/1XJtBcxlNZB-

ULqo8alzB2xCex6EDE-YO?

usp=sharing


Please try this link, I have put this in four pieces as it is not showing the full link once posted. Please copy and past them together.

Thank you

[des8]

Hello,

I just got some help from my partner.on this. He put the pictures in a google drive link. Not sure if this will work as we both not experts on matters relating to the computers.

Could you please try the link below.

Thank you

https://drive.google.com/drive/folde...YO?usp=sharing

That makes three of us! I happily admit to being computer illiterate

Now have access to the pics and will rework defence tomorrow.

To send PMs click on the envelope next to your user name at top of page.
This will open a drop down box containing words "Send new message"
Click on that and a message page should appear
The use of PMs is discouraged by the site, but can be useful if personal details should need to be disclosed.

[Silver Paw]

Thanks for the guidance on sending PM.

I have sent you the message with details to login as me.
My partner was not sure if the google drive link will work. I am so relieved that it worked.

Regards

[EXC]

Just to let you know, if that doesn't work you can always email me any documents/information for Des that I can pass on to him by PM.

My address is nick@legalbeaglesgroup.com

[des8]

Hi
Just had a quick flick through the attachments, and whilst small claims court is a bit of a lottery you should win.
Have you not noticed that the company suing you is not the company that manages the car park?

I'll revise the defence and post up tomorrow.

[des8]

I would insert under INTRODUCTION point number 2 as follows:


2 It is noted the claimant is Vehicle Control Services Ltd (company no. 04298820), although the car park signs were in the name of Excel Parking services Ltd
(company No 02878122), a separate legal entity. The claim indicates the alleged contract was formed by the car park signage, so the Defendant asserts that if there was
any contract it would have been between the driver and Excel Parking Services Ltd. The principle of privity of Contract means that Vehicle Control Services Ltd were not a
party to such a contract, and therefore have no standing to sue on it.

The court is invited to consider its general case management powers pursuant to CPR 3.4(2) (a) & (b) to strike out the claim as there is no basis to bring the claim and is an abuse of the court process

and at the very end of your defence just before the statement of truth

As a result of the Claimants’ unreasonable behaviour in filing this claim, the Court is respectfully invited to order the Claimants to pay the Defendants’ costs on an indemnity basis, pursuant to Civil Procedure Rules, rule 27.14 (2) (g).

I don't think there is any more to be done, as a lot of the defence was on the basis they had not supplied the documentation showing VCS had authority to run the park.
They still haven't, as all the authority is for Excel.
If you find this confusing, it is because they are sister (but separate legal entities) companies, probably sharing a desk.

There is a possibility for you to make a counterclaim for data protection breach. Here's a template (pinched from the MSE site) which you might find interesting.
I think the cost is £35 payable when you file your defence.
If you do use it



[xxx] (DEFENDANT) V Vehicle Control Services

COUNTERCLAIM



1. The Defendant repeats the defence above, in support of the counterclaim.

2. As noted in my Defence Vehicle Control Systems Ltd. had no right to claim against the Defendant, nor to obtain the Defendant's data, either from DVLA or Excel Parking Systems Ltd

3. This counterclaim is for damages for distress and loss, caused by breach of statutory duty under the Data Protection Act (the DPA 2018).

4 The Claimants have erroneously attached the Defendant's data to this case and issued the claim in circumstances where there could be no cause of action, causing loss and distress to the Defendant. The Defendant’s data is personal data within the meaning of the DPA 2018 and the associated General Data Protection Regulation (“GDPR”).

5. Accordingly, at all material times the Claimants were data controllers, and the Defendant a data subject, within the meaning of the Acts. The Claimants were thereby under a statutory duty to process the Defendant’s data only in strict accordance with the DPA 2018 and the GDPR Articles 5 (1)(a) and (b) and 6 (1)(f)).

6 Article 5 of the GDPR sets out seven key principles which lie at the heart of the general data protection regime. These are broadly the same as the DPA Principles. Article 5(1) requires that personal data shall be:
“(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’);
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate measures (‘integrity and confidentiality’).”

7. Article 5(2) adds that: “The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).”

8. Article 6(1)f of the GDPR states an exemption if processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

9. None of the above conditions applied. Accordingly the processing of the Defendant’s data was not “necessary for the performance of, or commencing, a contract” and nor, since further communication with the Defendant had no prospect of furthering their purpose, did the Claimants have any legitimate cause to continue processing the Defendant's data.

10. In accordance with the DPA 2018 and the GDPR, they were not permitted to either process, keep or share the Defendant's data. In summary, the Claimants as data controllers were and continue to be in breach of their statutory duty under the DPA as follows :-
i) by obtaining and processing the Defendant’s personal data without a lawful basis for the claim, contrary to the DPA Principles and GDPR article 5(1)(a) and
ii) by processing the Defendant’s personal data unlawfully and unfairly and for a purpose other than pursuing the Claimants’ legitimate interests, contrary to the DPA 2018 and GDPR article 5 (1) (a) and (b) and article 6 (1)(f).
Damages
1. By reason of the matters aforesaid, the Defendant was distressed by this claim and suffered serious distress and anxiety as a result of this baseless claim and relies upon the Court of Appeal’s ruling in Vidal-Hall v Google Inc (2015) EWCA 311, in that compensation for pure distress is capable of being claimed, notwithstanding actual loss. The Defendant has suffered substantial damage and respectfully seeks damages in the sum of£500pursuant to GDPR Article 82 and the 2018 Act sections 168-169.
AND THE DEFENDANT COUNTERCLAIMS:-
1. Compensation in the sum of: £500
2. Court fees: £xxx (plus a hearing fee, in the event of the Claimant discontinuing)
3. Interest pursuant to s.69 of the County Courts Act 1984, at such rates / for such periods on the sums found due to the Defendant as the Court may deem fit.
4. Costs to be assessed. As a result of the Claimants’ unreasonable behaviour in filing this claim, the Court is respectfully invited to order the Claimants to pay the Defendants’ costs on an indemnity basis, pursuant to Civil Procedure Rules, rule 27.14 (2) (g).
STATEMENT OF TRUTH
I believe that the facts contained in this Defence and Counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Name …………..…………………………..
Signature ………….………………………..
Date ………………………

[Silver Paw]

Hello Nick,

Thank you for the e-mail address and your willingness to help out by passing on documents to the member DES8.
Regards

[Silver Paw]

Hello DES8,

Thank you for the reply and the offer to rework the defence based on the paperwork uploaded yesterday.

You obviously have a keen eye and a veteran when it comes to the matter of fighting unjust parking fines who can distinguish between the company running the car park and the company issuing the court claim. Thought it is some inter-company agreement. There are three different parties in the agreement, There is Savills who appear to be the owner of the land, Vehicle Control Services Ltd and Excel Parking Services Ltd.


I am an ordinary run-of-the-mill person so I would not know much on this matter. I guess the companies involved in this is banking on this fact plus hoping that the keeper of the car will just pay them the money they demanded.

This is why I asked for help here in this forum.

What you mentioned in post #27 made me think and I had gone back to the paperwork sent to me. ELMS Legal did not provide an agreement between Excel Parking and Vehicle Control Services Ltd giving them authority to make money claim on their behalf. T

he other possibility is that the paperwork was taken by someone as the letter was delivered open to my letter box. ELMS Legal did not list the items they enclosed in the cover letter. Thus there is no way for me to check if any paperwork is missing.


Regards