County Court Claim Form for Penalty Charge Notice

[charitynjw]

Many thanks, can I also just double check whether the the documents BW Legal have sent me is the SAR... or am I still waiting for the SAR from them?

I think you're still waiting....the letter they sent to you....... was just acknowledging receipt of the SAR?

[Robin9]

I've also just noticed an indiscretion on BW Legal's letter to me dated March 5th where they say the PCN contravention took place on 25 April 2018 and not 28 June 2017... on their copies of the PCN they have sent me, the date says 28 June 2017. Does this help the case?

[Robin9]

Britannia wrote to me acknowledging the SAR but suggesting I'd have to pay for it. See first attached pic. This had no details attached.

The I received a letter from BW Legal responding to the SAR and attaching copies of the PCN, final reminder and pictures. It's in this covering letter they state a different date of the contravention. I don't think I attached this covering letter previously on the thread, just the documents they'd sent with it.

[charitynjw]

I've also just noticed an indiscretion on BW Legal's letter to me dated March 5th where they say the PCN contravention took place on 25 April 2018 and not 28 June 2017... on their copies of the PCN they have sent me, the date says 28 June 2017. Does this help the case?

All grist to the mill!

[Robin9]

I'm not 100 per cent on the SAR now, whether the documents BW Legal have sent (ie the copies of PCN, pictures etc) is the SAR?

Below are my amendments to the defence letter... your thoughts, amendments would be appreciated.


8. The Defendant requests that The Claimant complies with the “Grace Periods” guidelines outlined in the British Parking Association Code of Practice. This states that “You should allow the driver a reasonable grace period in which to decide if they are going to stay or go”and “you should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes”.

9. The Defendant requests that mitigating circumstances of its child being ill resulted in the vehicle being parked longer than the maximum time permitted. In this instance, the driver made the decision, as any respectable parent would do, to attend to the needs of its sick child first rather than to return to the wheel of the car and, in the circumstances, potentially be a danger on the road due to worry about the sick child. The driver exited the car park immediately after the child had been attended to suitably – a mere 14 minutes over the maximum time permitted (not allowing for any reasonable ‘Grace Period’).

10. The Defendant had not received any previous communication from the Claimant until December 19^th, 2018. The Defendant would request that the Claimant provide evidence that they sent any previous correspondence Royal Mail Signed For in order to guarantee the Defendant received such correspondence.

11. On or around the beginning of December 19^th, 2018,the Defendant received a Letter of Claim from The Claimant’s legal representative, BW Legal.

12. On or around the beginning of February 12^th, 2019 the Defendant received a county court claim from Northampton CCBC. The Defendant filed an acknowledgement in a timely fashion.

13. The Defendant has subsequently sought disclosure from the Claimant of any pertinent evidence, by way of a Data Protection Act Subject Access Request (SAR) & a CPR. 31.14 request

14. To date, neither the Claimant or their legal representatives have responded.

15. On or around the March 5^th, 2019 the Defendant received a letter from BW Legal which intimated that a County Court Judgment would ensue.

16. When and if the Claimant discloses the evidence on which they rely in order to prove their assertion, the Defendant can then be better positioned to review their legal position in this matter.

17. The Protection of Freedoms Act 2012, Schedule 4, at Section 4 (5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

18. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

[charitynjw]

Britannia wrote to me acknowledging the SAR but suggesting I'd have to pay for it. See first attached pic. This had no details attached.

The I received a letter from BW Legal responding to the SAR and attaching copies of the PCN, final reminder and pictures. It's in this covering letter they state a different date of the contravention. I don't think I attached this covering letter previously on the thread, just the documents they'd sent with it.

I'm sure that they will say the 'wrong date' was a mistake.
However, they ought to excercise a bit more due diligence....so the more *mistakes* you can pick up, the better.
They are supposed to be a professional outfit, with legal representation.


Cowboy outfit, more like!

[charitynjw]

“8. You should allow the driver a reasonable grace period in which to decide if they are going to stay or go, ”and “

You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes”.

9.--------etc

I reckon that'll do.

I don't know if it will 'fit' on MCOL....it only allows 1080 characters.
If not, let us know & we can send as an attachment via email.

[Robin9]

Thanks. Are you also happy with the wording of below in 9 and 10?

9. The Defendant requests that mitigating circumstances of its child being ill resulted in the vehicle being parked longer than the maximum time permitted. In this instance, the driver made the decision, as any respectable parent would do, to attend to the needs of its sick child first rather than to return to the wheel of the car and, in the circumstances, potentially be a danger on the road due to worry about the sick child. The driver exited the car park immediately after the child had been attended to suitably – a mere 14 minutes over the maximum time permitted (not allowing for any reasonable ‘Grace Period’).

10. The Defendant had not received any previous communication from the Claimant until December 19^th, 2018. The Defendant would request that the Claimant provide evidence that they sent any previous correspondence Royal Mail Signed For in order to guarantee the Defendant received such correspondence.

And finally, can I just clarify if the information BW Legal has sent me represents the SAR because maybe we ought to take out the part about them not responding to to the SAR if that's the case?

Thanks

[charitynjw]

I'm going to PM you (top of page, little envelope thingy!)

[Robin9]

Okay great thanks.

[charitynjw]

Okay great thanks.

Now send a CPR 31.14 request to the solicitors:-

[Your name
Your address
Your postcode]

Date

Re:
[Claimants name
Claimants address
Claimants postcode]


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to assess my legal position, I require early inspection of the documents listed as follows

1. *A true copy of any contract or agreement between the rlevant landowner/authorised agent of the parking site in question.& Britannia Parking.

2. *A true copy of the KADOE agreement between the DVLA & Britannia Parking.

*(The above-mentioned being necessary requirements by virtue of The Protection of Freedoms Act 2012 Schedule 4 for a private parking company to operate on relevant land.)

3. Accurate pictures & locations of all site signage which form the terms of any alleged contract between Britannia Parking & the driver of the relevant vehicle at the relevant time & location of alleged contravention.


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect.

Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial.
Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely


Your Name

----------------------------------------------------------


As stated, send this via the solicitor, keep a copy, get proof of posting.

[Robin9]

UPDATE: I've recently received the following two letters about my PCN.

First, a General Form of Judgment Order and then this morning, a Notice of Discontinuance.

Does the Notice of Discontinuance mean that they are dropping this action against me?

Many thanks in advance.

[ostell]

Yes they have given up. You may be able to claim your costs from the court because they discontinued.

[Robin9]

Fantastic news, thank you so much to legal beagles for all the advice.

how do I go about claiming costs back?

[Hereshoping]

These companies are a disgrace... I really hope this defence works and I do not have to give them a penny.

Hi, I am fighting a very similar case at the same car park (just with no sick child). Any chance I could get a copy of that letter? I clicked on the link but it looks like it's been taken down/ link expired.

Thanks