Smart Parking and County Court, Royal Hull Hotel |
Smart Parking and County Court, Royal Hull Hotel |
Sun, 19 Jan 2020 - 21:15
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#1
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New Member Group: Members Posts: 7 Joined: 21 May 2016 Member No.: 84,484 |
Hi,
I'm actually posting for a friend to try help him out with this so the info might be a bit sketchy. The original 'fine' was over a year ago at the Royal Hull Hotel. He is a taxi driver and he had taken some people to a staff meeting/conference as was there between 90 mins and 2 hours. He never paid the car parking fee as other drivers advised him not to as they werent filling up a machine with earnings. Rightly or wrongly, thats how it goes. Three or 4 binned 'invoices later, he has now been sent county court papers im going to try attach, along with a few google images from 2018. Any advice would be welcome. The latest letter is dated over a week ago, so i understand he doesnt have a lot of time left. |
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Sun, 19 Jan 2020 - 21:15
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Sun, 19 Jan 2020 - 23:38
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#2
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Member Group: Members Posts: 543 Joined: 26 Sep 2012 Member No.: 57,365 |
£85 Contractual costs pursuant to the contract??? sounds like a Gladstone abuse of process wheeze
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Mon, 20 Jan 2020 - 08:51
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#3
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Get your friend to post. going via a third party is always worse
Has your friend acknowledged the claim ONLINE yet? If not that MUST BE DONE TODAY. Confirm that this has been done This is the ACKNOWLEDGEMENT only. Nothing at all must be entered on the defence. The defence WILL be EMAILED to the court sa a PDF. There will be NO reminders sent out. MSE Forum -> Parking -> Newbies thread -> Post 2. You must both read it, and i mean READ. IT. No skimming. It takes you through the entire ptrocess. Any quesitons - go there first. If you still have specific questions, then ask away. But get cracking Once ack'd, your friend has 33 days caluclated from DATE OF ISSUE to get the defence to the court. |
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Tue, 21 Jan 2020 - 12:21
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#4
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New Member Group: Members Posts: 7 Joined: 21 May 2016 Member No.: 84,484 |
Thankyou for taking the time to read and reply.
We have Acknowledged the claim online (AOS) and now going to request a SAR from Gladstones/Smart Parking. Although i understand Gladstones tend to ignore this. Originally, on the day of the parking charge, the vehicle registration was handed in to the reception, so it should have been ok anyway. As it was 16 months ago, the hotel cant now cancel the 'fine'. So maybe a letter from the hotel acknowledging this, would help in any defence. We're now in the process of reading through other County Court cases, to get a general idea of how it all works. There doesnt seem to be a previous Royal Hull Hotel case though. Also going to post on MSE. Time to get reading. Thanks again. |
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Tue, 21 Jan 2020 - 12:26
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#5
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Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
...tend to ignore this. A Subject Access Request made under the DPA (GDPR) cannot be ignored. (Well without repercussions) However, the parking company is the data controller and are the primary source of the personal information held. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Tue, 21 Jan 2020 - 12:52
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#6
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
In addition he won't get a reply back in time so MUST prepare the defence now regardless.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 21 Jan 2020 - 16:39
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#7
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New Member Group: Members Posts: 7 Joined: 21 May 2016 Member No.: 84,484 |
I'll request it anyway then at least it looks like i tried i suppose.
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Tue, 21 Jan 2020 - 16:42
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#8
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
The SAR has nothing to do with the court process at all. Requesting it or not makes no odds to a court
The reason you reqest it is so that you know every piece of info they hold about you, which ou can then use for your Witness Statement. |
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