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and thank you in anticipation of any assistance you may be able to give.
i I have done some searching on here and other sources and have just filed the AoS relating to a PCN from 2019, I have received another from the same claimant relating to this year where I do not know yet who was driving.
In relation to the court case for the 2019 PCN:
I was not the driver of the vehicle
I have some correspondence from the claimant but this is incomplete and I only have 2 of the 5 letters they say were sent. These are headed Debt recovery and Legal recovery action
I have contacted them about the second PCN as we then had a blue badge and was put through to discuss with a very rude young man about the former claim.
I have not admitted to being the driver in either instance.
I have followed the advice on here for the AoS and stated that I intend to defend the whole of the claim.
I have also looked at constructing a letter from the template on here to request information under CPR 31.14, (what I have drawn from the template is below)
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 file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.
I am also asking for all documentation which you may use in court, including (but not limited to)
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
In regards to preparing an actual defence (for which I am aware have limited time the notice of claim arriving around about the second week of this month). I have seen that including amounts for non PCN related items such as admin has been entered as an Abuse of Process. I do not know if this is of use or should be included?
Other points I am looking at for a potential defense and would welcome comment on are below:
Signs saying CCTV or an automatic number plate recognition system was in use were not clearly displayed if displayed at all
The signs were incomplete misleading or confusing as there weren't any signs clearly displaying details of potential amounts for alleged breach of contract.
The keeper intends to reclaim expenses from the claimant for their own costs and any associated costs such as witnesses and expenses for preparation of a defence.
The keeper of the vehicle was not the driver and no evidence has been produced to contradict this. Attached is a timeline from Google showing the movements of the keeper on the day in question showing the keeper nowhere near where the alleged breach of contract took place. (I only just found out that all the data Google stores on us may actually have some use)
This includes no mention of amounts referred to as “administration”. This has previously been held to be an “abuse of Process as in the Southampton cases and others.
Claim number is F0DP201T District Judge Taylor Southampton Court, 10th June 2019
It is ordered that: The claim is struck out as an abuse of process
"The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover,
This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998 " We would invite the judge to consider the Abuse of Process and read this case
I do realize from forum reading that there are a lot of variables in that; for example; what the PCN actually states regarding POFA 2012. i am not familiar with all the details just the idea and priciples.
As a side note it is disappointing to see how GDPR cannot be used in courts as a protection or a defence. quite why the DVLA feels able as data processor to release my details without some means of confirming a legitimate interest on each individual request seems in no small part to be a mishandling of data that would not be covered by any of the bases incorporated into the GDPR. i certainly fail to see a legitimate interest which is what I would guess would be used.
and thank you in anticipation of any assistance you may be able to give.i I have done some searching on here and other sources and have just filed the AoS relating to a PCN from 2019, I have received another from the same claimant relating to this year where I do not know yet who was driving.
In relation to the court case for the 2019 PCN:
I was not the driver of the vehicle
I have some correspondence from the claimant but this is incomplete and I only have 2 of the 5 letters they say were sent. These are headed Debt recovery and Legal recovery action
I have contacted them about the second PCN as we then had a blue badge and was put through to discuss with a very rude young man about the former claim.
I have not admitted to being the driver in either instance.
I have followed the advice on here for the AoS and stated that I intend to defend the whole of the claim.
I have also looked at constructing a letter from the template on here to request information under CPR 31.14, (what I have drawn from the template is below)
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 file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.
I am also asking for all documentation which you may use in court, including (but not limited to)
- A copy of the landowner/parking company contract enabling the claimant to operate on the relevant site, plus any other relevant intermediate contracts.
- A copy of the parking company/DVLA KADOE contract
- A copy of the relevant P&D machine payments data.
- PCN (Details 16/05/2019 253631 3)
- Copies of requests/ communications sent; including but not limited to:
- postal notice to registered keeper? (NtK)
- notice to driver
- Evidence of damages claimed
- Copies and proof (evidence) of the contract at the time of the alleged contract being formed.
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
In regards to preparing an actual defence (for which I am aware have limited time the notice of claim arriving around about the second week of this month). I have seen that including amounts for non PCN related items such as admin has been entered as an Abuse of Process. I do not know if this is of use or should be included?
Other points I am looking at for a potential defense and would welcome comment on are below:
Signs saying CCTV or an automatic number plate recognition system was in use were not clearly displayed if displayed at all
The signs were incomplete misleading or confusing as there weren't any signs clearly displaying details of potential amounts for alleged breach of contract.
The keeper intends to reclaim expenses from the claimant for their own costs and any associated costs such as witnesses and expenses for preparation of a defence.
The keeper of the vehicle was not the driver and no evidence has been produced to contradict this. Attached is a timeline from Google showing the movements of the keeper on the day in question showing the keeper nowhere near where the alleged breach of contract took place. (I only just found out that all the data Google stores on us may actually have some use)
This includes no mention of amounts referred to as “administration”. This has previously been held to be an “abuse of Process as in the Southampton cases and others.
Claim number is F0DP201T District Judge Taylor Southampton Court, 10th June 2019
It is ordered that: The claim is struck out as an abuse of process
"The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover,
This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998 " We would invite the judge to consider the Abuse of Process and read this case
I do realize from forum reading that there are a lot of variables in that; for example; what the PCN actually states regarding POFA 2012. i am not familiar with all the details just the idea and priciples.
As a side note it is disappointing to see how GDPR cannot be used in courts as a protection or a defence. quite why the DVLA feels able as data processor to release my details without some means of confirming a legitimate interest on each individual request seems in no small part to be a mishandling of data that would not be covered by any of the bases incorporated into the GDPR. i certainly fail to see a legitimate interest which is what I would guess would be used.
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