County Court Claim Form for Penalty Charge Notice

[Robin9]

I originally sent an email to that DVLA address but had no response this last week so I called them and they told me to fill in a V888 form and add a covering letter which I did today.

I referenced the letter to Britannia as a Subject Access Request and quoted 1998 DPA. Is this sufficient or should I have done something different?

Should I have informed BW Legal that I had not previously received any contact/documents from them? Because I didn't include that in my letter to them.

[ostell]

For the DVLA did you give them sufficient details for them to respond?

The fact that you have had no previous correpsondence form them will be in your defence

[Robin9]

Yes the form included all the relevant information for the DVLA to respond.

[Robin9]

UPDATE...

Britannia Parking have responded to the SAR and said the following...

We have received your SAR, under ICO guidelines we have one calendar month to respond.

Please be aware we will send a copy of all personal data we hold only. If you have made a request for any additional information which does not qualify as personal data, please see below.

YOU'RE REQUEST FOR ADDITIONAL INFORMATION

- Landowner Agreement - You are not entitled to business sensitive information, it will only be supplied at court as evidence and not before
- Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence in court.
- Machine reports - You are not entitled to transactions which do not relate to you, you will be provided with your transaction only. We are under no obligation to provide you with anything further.
- Picture packs - a copy of the signage will be provided as evidence in court.

Your SAR request is free, however please be aware we are able to charge for additional copies and any requests for information which does not qualify as personal data. ICO guidelines advise we are able to charge a reasonable administration fee, which is £10.

Please send a cheque payable to Britannia Parking etc etc

Include a list of the additional data you require and the PCN number/s. Once the cheque has cleared we will action your request. We will only send additional information which is not business sensitive.

Please refer to ICO website etc etc.

If you do not wish to pay £10, we are under no obligation to provide you with the information, your only option is to wait until this matter progresses to court, when it will be adduced as evidence.

Once you are in receipt of your SAR, all additional correspondence regarding the request for additional information will not be responded to, unless payment of £10 is received.



Do I need to respond to this letter or will they be sending me all information bar the additional information they mention?

I thought I'd mention one thing, they have spelt the name of car park wrong in both their letter to me and the county court claim form - is this of any use to my defence?

[Robin9]

REPOSTED...

UPDATE...

Britannia Parking have responded to the SAR and said the following...

We have received your SAR, under ICO guidelines we have one calendar month to respond.

Please be aware we will send a copy of all personal data we hold only. If you have made a request for any additional information which does not qualify as personal data, please see below.

YOU'RE REQUEST FOR ADDITIONAL INFORMATION

- Landowner Agreement - You are not entitled to business sensitive information, it will only be supplied at court as evidence and not before
- Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence in court.
- Machine reports - You are not entitled to transactions which do not relate to you, you will be provided with your transaction only. We are under no obligation to provide you with anything further.
- Picture packs - a copy of the signage will be provided as evidence in court.

Your SAR request is free, however please be aware we are able to charge for additional copies and any requests for information which does not qualify as personal data. ICO guidelines advise we are able to charge a reasonable administration fee, which is £10.

Please send a cheque payable to Britannia Parking etc etc

Include a list of the additional data you require and the PCN number/s. Once the cheque has cleared we will action your request. We will only send additional information which is not business sensitive.

Please refer to ICO website etc etc.

If you do not wish to pay £10, we are under no obligation to provide you with the information, your only option is to wait until this matter progresses to court, when it will be adduced as evidence.

Once you are in receipt of your SAR, all additional correspondence regarding the request for additional information will not be responded to, unless payment of £10 is received.



Do I need to respond to this letter or will they be sending me all information bar the additional information they mention?

I thought I'd mention one thing, they have spelt the name of car park wrong in both their letter to me and the county court claim form - is this of any use to my defence?

[charitynjw]

What did you ask for in the SAR?

Minor mistakes in names etc are likely to be regarded as 'de minimus' (of little importance).

[ostell]

I would challenge them in that if they are going to present documents as evidence you require copies of those documents now in order to narrow the issues between you as required by the courts, The court will be made aware of their refusal and you will object if any documents are presented in evidence when they were not supplied to you when requested.

[Robin9]

What did you ask for in the SAR?

Minor mistakes in names etc are likely to be regarded as 'de minimus' (of little importance).

In the SAR I requested all the information they held on me and planned to use in court against me.

[Robin9]

I would challenge them in that if they are going to present documents as evidence you require copies of those documents now in order to narrow the issues between you as required by the courts, The court will be made aware of their refusal and you will object if any documents are presented in evidence when they were not supplied to you when requested.

Okay great, when I write back to them should I inform them that to date I have not received any details on this PCN they are claiming against me or do I leave that until I submit a defence online?

[ostell]

You need a copy of that PCN because that is the basis of their claim.

[Robin9]

You need a copy of that PCN because that is the basis of their claim.

UPDATE!!!

I have heard back from the court, acknowledging my correspondence and stating: "I cannot confirm if or when the case will proceed to Hearing but if it does, you will be notified and the case would be heard at your local court."

BW LEGAL have responded by sending a copy of the PCN that they claim to have sent to me. They list the time limit they claim we exceeded the two hour limit by as 14 minutes 3 seconds and they attach pictures but the pictures do not show the entry time or exit time on them. They only list the entry time and exit time on the PCN.

They say "a Claim Form has now been issued through Northampton County Court" and they attach a Response Pack which they say needs to be completed and returned before the timeframe. No Response Pack was included in their letter but I assume what they are referring to is the online Claim Form which I actioned initially a few weeks ago?

Can you please advise what my next step is?

Thank you.

[charitynjw]

Could you post up a pic of the notice? (Front & rear, redact personal info, but leave all times dates visible, inc date of sending.)

[Robin9]

One picture to follow but here's what BW Legal have sent me. Many thanks.

[Robin9]

[charitynjw]

Was there a windscreen notice (NtD)?

Or was the first notice a Notice to (registered) Keeper (NtK) via post?