Lease agreement/tenancy agreement

[squire1234]

Sorry wasn't able to post earlier as I am away but really appreciate the help!

So I've requested one of the tickets that I can't find. The other one is exactly the same as posted above and the dates are 22/05/18 (date of windscreen issue) and 26/06/18 (NTK). 35 days so within the limit if I am correct? Do you want me to post images anyway?

Also, is there perhaps a link to a template defence for date issued outside of the 28 days, as discussed above.

[charitynjw]

Yes please, post them up (redacted but leave times/dates visible.)

Looks like it's correct as far as the time window goes, but *Britannia* often mess up the content.

But we need sight of the PCNs to be certain.

EDIT
*Should be Link

[squire1234]

Attached here! Anything obvious?

[charitynjw]

Yep

Firstly, you've left your name on the notice to keeper.

2nd....the windscreen NtD is defective.
They've tried to rectify on the postal NtK....nice try, Link, but no cigar!

[squire1234]

Corrected, thanks for checking.
How is it defective?

[charitynjw]

PM winging it's way over to you.

They will probably reject it.......well, they would, wouldn't they! (They are an IPC member.)

[squire1234]

Many thanks for your help CharityNJW. I will try this and see what happens.

[charitynjw]

Many thanks for your help CharityNJW. I will try this and see what happens.

From what I've seen, they will probably reject it....well. they would, wouldn't they?

Pre-empting that, are you going to take up their offer to go to IAS? (Independent *cough cough* Appeals Service.)

(*Sorry, frog in my throat )

[squire1234]

I have already received a letter before claim for all 3 tickets (sorry, I should have asked for help earlier!) and am now in discussion stage with the parking company's solicitors, therefore, have missed the stage for IAS appeal. I am not sure that I can prevent the solicitors from putting in a claim to county court so may have no option but to defend this in court!

Nevertheless, I have taken your advice and contacted the solicitors explaining why the claim should be thrown out.

Now all I need is a defence template for the ticket that I have already been issued with county court papers for.

[charitynjw]

Send the letter anyway...to the sols.& to the parking co, (Cross refer the two.)
Get proof of posting & keep a copy.
Once the sols are *on notice* of the defects, they should check details for themselves.
If they then try to issue a claim, you are in a better position to defend.

Do not deal with them via phone....they do not have your best interests at heart!

[squire1234]

Done as advised, thanks! Will let you know as soon as I hear a response.

I have 14 days from today to compile a defence for the county court claim ticket so going to focus on that.

[squire1234]

I was reading through the PoFA and note that the NTK needs to include an offer of 14 days discounted charge, is this true? And if so does it invalidate the NTK if the offer is not there?

[charitynjw]

I was reading through the PoFA and note that the NTK needs to include an offer of 14 days discounted charge, is this true? And if so does it invalidate the NTK if the offer is not there?

Not quite.

For instance, PoFA 2012 Schedule 4, 9(2)(g) ....postal NtK....... states

"(g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;"

So it could be possible for there not to be a discount

But, with reference to the approved operator scheme Code of Practice (excerpt here from BPA)

"If prompt payment is made (defined as 14 days from the issue of the Parking Charge Notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost must be by at least 40% of the full charge."

[squire1234]

So I got the following response back from them:

Request for Erasure of Data



We refer to your request regarding a request for erasure of data.



Unfortunately we cannot process your request because we can demonstrate compelling legitimate grounds for the processing of your data which override the interests, rights and freedoms of you as an individual. That legitimate interest being that we are acting on behalf of our client for the recovery of monies relating to an unpaid Parking Charge Notice.



To process your data is necessary and lawful, as it is required in furtherance of our client’s instructions, and we act for them on their rights and obligations for the recovery of such monies.



If you are not satisfied with our decision, you have a right to complain to a supervisory authority. At this stage you should contact the Information Commissioner’s Office (ICO) at Wycliffe, Wycliffe House, Water Lane, Wilmslow, SK9 5AF (Telephone 0303 123 1113). Please note that time limits may apply and so you should contact the ICO as soon as ever possible following our review decision.



We must also advise you that you also have the right to a judicial remedy (ie claim compensation through the courts), if you remain unsatisfied with the outcome of a complaint to the supervisory authority and you believe there has been a breach of the General Data Protection Regulation 2018. The ICO cannot award compensation and so if you cannot reach an agreement with us on the amount of compensation where appropriate, you can apply to court. You should seek independent advice at any stage that you feel it necessary.

I also received an N1 claim form from them regarding this ticket and am in the process of constructing a defence.

[charitynjw]

So I got the following response back from them:



I also received an N1 claim form from them regarding this ticket and am in the process of constructing a defence.

What a surprise......they rejected it.
Not!

Could you post a pic (redacted) of the N1?

For clarity, did you mention your lease/tenancy agreement to them?

I'll have a quick look at everything.
I'll be ba.....