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Hi all, would be grateful for some help since this is the first time dealing with claim that is actually filed by Civil Enforcement
I have received a claim for 170 + interest making it 191.
-Particulars of Claim
Claim for money relating to a Parking Charge for breach of contract terms/ conditions (TCs) for parking in private car park (CP) managed by Claimant. Drivers may only park pursuant to TCs of use displayed in CP and agreed upon entry/parking. ANPR cameras or manual patrols monitor vehicles entering/ exiting the CP and TC breaches. Charges of £170 claimed.
Violation Date xx/xx/xx
Payment due date xx/ xx /xx (1 calender month)
Time inXX Time out XX
PCN XX
Vehicle reg mark XX
Car Park : XX restaurant (it's a customer parking in the middle of nowhere for legit customers!!!)
Total Due : £170 + interest bla bla bla under S69 of CCA 1984.
In the course of last 18 months I have received usual letter for their alleged claim for breach of contract from themselves, third party 'debt collectors' that I have ignored.
They have finally sent a LBC about one month ago from their own ‘legal department’. I have replied as per general advice
- sent them a reply letter to the LBC with enquiry about nature of their claim and have proof of postage:
Dear Sir/Madam,
Your ref XXX
I refer to your template letter dated XXX
I, as the registered keeper of the vehicle, deny that I owe any debt to your company, Civil Enforcement Limited. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn.
I intend to defend any claim and I invite you to withdraw at this early stage, before costs are incurred in defending an unfounded claim against me as the registered keeper. I believe your claim is baseless, misconceived and is bound to fail.
Your template letter claims to be sent in accordance with the Pre-action Protocol for Debt Claims, but your templated LBC is non-compliant with the Practice Direction on Pre-action Conduct.
‘2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information…’
Your letter have NOT provided the essential information for me to understand and investigate your alleged claim.
Further, there is clear evidence that this proposed claim has no prospect of success and if pursued, will have been wrongly brought, I am advised that you have breached the terms of the Data Protection Act 1998 by misusing my data to mislead me about liability. You have accessed my keeper details from DVLA and disseminated my information to irrelevant third parties on multiple occasions. May I draw your attention to the strict practice of the usage of vehicle keeper’s information from DVLA; while obtaining DVLA data to enquire who was driving is allowed under the Keeper of vehicle At the Date Of Event contact (the KADOE), that data must not be further used for any purpose outside the basis upon which it was provided by the DVLA. Your company has breached the DPA outside the DVLA provision of my data.
There can be no doubt whatsoever that a Letter Before Action sent blindly to a person with no legal liability is likely to cause substantial distress and I confirm that this is the case. Your unreasonable and unlawful demand for payment is causing me significant distress and anxiety.
I require you to cease and desist. To be clear, I decline any invitation to name the driver and this is my lawful right. There the matter must end, because your company has no lawful excuse to use my DVLA data beyond the very basic cause, of enquiring as to the driver’s identity. A line must now be drawn under this exchange, apace with the breach of the PoFA 2012.
Should this matter proceed then I put you on notice that I will make a counterclaim for all damages suffered including but not limited to Data Protection Act (DPA) and General Data Protection Regulation (GDPR) breaches and I expressly reserve my right to claim for aggravated damages. I also demand that you immediately cease and desist from proceeding my personal data, except to inform me that you have complied with this demand.
- And I also send a SAR request
Dear Sir/Madam,
Subject Access Request (Data Protection Act 2018/ General Data Protection Regulations (GDPR))
Regarding myself, XXX
Please supply all the data your firm has held about me in accordance with the DPA and GDPR inclusive but not limited to:
- All photos taken
- All letters sent and received, including any appeal correspondence earlier
- Machine record of permit holders concern on the day of alleged breach of contract
- All data held, all evidence you will rely on, and full copies of the PCN, NTK
- A list of all PCNs you consider are outstanding against me and/or this VRM. Any claim must be for all PCNs in one claim
If you need to confirm my identify please let me know as soon as possible. It is required by the relevant data protection law that you respond to a request for data within one calendar month.
Please pass this SAR to your Data Protection Officer or relevant staff concerning the protection of personal data compliance. Please contact the Information Commissioner’s Office may you require assistance.
Both my reply and the SAR has been ignored, no reply from Civil Enforcement.
Then it comes the Claim they file with Civil National Business Centre
I have done AOC via moneyclaim online.
What is the next step forward?
- They are yet to comply with my request for SAR;
- the claim letter is so templated that it does not really inform the nature of their claim, what has happened other than ‘PCN for breach of contract TCs for parking in a private car park managed by Claimant.
- The claim is not PoFA 2012 compliant for keeper’s responsibility for the alleged claim, as they have put up the charge to £170 for no valid reason. It is my knowledge that they can only claim the charge for the breach of contract as stated in the original PCN, which was £90.
- Should I file a S77-79 CCA requests for a copy of the customer credit agreement?
Any advice would be much appreciated.
KR
