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Can I turn this round? Small claim track stage now.
Sabina
post Wed, 24 Apr 2019 - 21:39
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Hello, I post with trepidation as I’ve not followed protocol so would appreciate advice if it’s too late or if I can turn it round at witness statement stage.
Briefly, I was parked at a business premises as a customer. Customers are permitted to park and are asked to sign in (This is from 18/12/ 2017 and I have no recollection if I did physically write my registration in the book)
A window ticket was not received, I did at some point though send Gladstones a copy of my receipt and proof of appointment, sorry for being vague....
I have copies of receipts for my appointment.
I have a copy of a message from the therapist confirming my appointment and a screen shot of the business website stating ‘Guaranteed free parking’
This is the only business occupying the land so no dispute over which bit to park in.
The parking company is UK car parking and using Gladstones solicitors.
I no longer have any documentation apart from the N1SDT, & a copy of Gladstones directions questions.
My defence was poor, I just stated I have permission to park as a customer , that I had evidence which I had sent to Gladstones in November 2018 which they had ignored.
I honest,y thought with such stromg evidence they’d give up but they haven’t. I have received their DQ and have been sent mine to complete today. So!
Am I doomed?
Is it too late to do a SAR?
Can I redeem it at all at the witness statement stage?

MCOL info if needed;
Defence received 25\03/2019
DQ sent to you 20/04/19
DQ filedbyclaimant20/04/19

In other news I have just won via IAS (different circs )on appeal as the adjudicator found in my favour.......

Any help gratefully received, I’ve been too terrified to post, what am I going to be like in court??? ohmy.gif ohmy.gif
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post Wed, 24 Apr 2019 - 21:39
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ostell
post Wed, 24 Apr 2019 - 21:56
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No, a SAR to the parking company, it will be some time before it actually gets to court and a letter to Gladstones demanding all the documents that they intend to use in court in order to narrow the differences between you. As they must have the documents in order to perform due diligence before issuing the claim you require them within 7 days.
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Sabina
post Wed, 24 Apr 2019 - 22:07
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Thank you for your reply.
I’ll get straight on with that, cheers.
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southpaw82
post Wed, 24 Apr 2019 - 22:18
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QUOTE (ostell @ Wed, 24 Apr 2019 - 22:56) *
As they must have the documents in order to perform due diligence before issuing the claim you require them within 7 days.

Can you point me to the rule or practice direction that says (a) that they must have all of the evidence they intend to rely on before they issue a claim and (b) that they have to respond within 7 days?


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ostell
post Thu, 25 Apr 2019 - 07:41
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No but it shows you mean business. And you response would be?
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southpaw82
post Thu, 25 Apr 2019 - 13:09
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QUOTE (ostell @ Thu, 25 Apr 2019 - 08:41) *
No but it shows you mean business. And you response would be?

It shows something but not necessarily that you mean business. My response may vary depending on the facts but quite possibly I would wait 14 days (to make a point) and then respond saying “thank you for your letter of xx, the contents of which are noted. Bearing in mind the value of the claim and the overriding objective I believe you have been provided with sufficient documentation / Bearing in mind the overriding objective I have included a photograph of the signs present at the site and a copy of the PCN. Disclosure in this matter will take place in the normal manner as ordered by the court and at this time I do not propose to disclose any further documents to you. If you disagree with this approach then you are of course entitled to make an application to the court for disclosure, which will be contested and we will seek the costs from you.”


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Sabina
post Wed, 5 Jun 2019 - 18:10
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Hello, still on going. I received a reply from UK CPM re my SAR (mine was dated 29/4 their reply dated 28/5 just within the month) to say they need the PCN & my car registration number and that until I provide it, the month clock will not start to run. If I’m asking for data on me, why do they need that?
The claim has been transferred to my local court but no date as yet.
Gladstone’s reply was as expected that they wont process my request to restrict data due to their rights overriding mine.

What should I do re the SAR? Reply with my reg? I don’t have the PCN’s

Thanks.
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Jlc
post Wed, 5 Jun 2019 - 19:13
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Indeed, only your identity is what they need - it's up to them to disclose what information they hold.

Tell them to pull their finger out or you will complain to the ICO.

(There are various exemptions and requirements but I do not believe they apply here - such as 'manifestly unfounded/excessive')

This post has been edited by Jlc: Wed, 5 Jun 2019 - 19:18


--------------------
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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Sabina
post Wed, 5 Jun 2019 - 20:32
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Thank you, I’ll send them a reply tomorrow. As far as I’m concerned it’s all evidence in my favour to show the court what game playing cowboys they are.
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Redivi
post Wed, 5 Jun 2019 - 20:55
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+1 to JLC

You don't need a reason to make an SAR

It therefore follows that you don't have to provide any information except your name and contact details
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Sabina
post Thu, 12 Sep 2019 - 20:18
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Update.
On 30th Aug I phoned the court who advised the case had been discontinued on 6th aug.
The court advised they do not confirm this in writing but that UKCPM/Gladstone’s should. Surpris surprise I’ve not head anyhting. I’m about reluctant to let the court date ( 26.09.19] go by without something in writing confirming they’ve discontinued the case.
Is there an way they can reinstate it to try and catch me out? MCOL hasn’t been updated either.

I other news UKCPM have finally written back re my SAR after I’ve written 3 times. Now they want I D and a lengthy form filling out ( which is full of dislaimers about reasons not to disclose the information and how they have the right to charge a fee and might not give me the info anyway 🤷🏻‍♀️

I think at this stage, I might just pass it to the ICO to look at along with details of how long theyve taken to respond etc

They even sent it without postage and I had to pay two chuffin quid to collect it. I was spitting feathers once I got home angry4.gif

What would you advise re evidence of discontinuation?

Many thanks.
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Redivi
post Thu, 12 Sep 2019 - 21:46
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Definitely a complaint to the ICO

I would send a letter to the court, copied to Gladstones, confirming the conversation

This post has been edited by Redivi: Thu, 12 Sep 2019 - 21:48
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nosferatu1001
post Fri, 13 Sep 2019 - 08:23
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Absolutely a complaint to the ICO
If you already sent them eg the court claim number that is MORE than adequate proof
Send them an invoice for their failure to pay postage, adding £19 an hour for your time spent collecting it.
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Sabina
post Fri, 13 Sep 2019 - 17:56
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Thank you, I will. I am furious about the postage. They’re despicable (insert swear words)
Should MCOL update? If I’d not phoned, how would I know it had been discontinued ? Just another way to mess me about I guess
I discovered I’d ended up with a ccg last January from them from another parking invoice when I tried to get car financelater in the year . I got lost in the process due to ill health and although I paid to the £240 😡 I didn’t do it in time or realise it would result in a ccj.
I
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nosferatu1001
post Mon, 16 Sep 2019 - 15:36
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Nothing changes on mcol
It isn't used once a claim is allocated to a local court.
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Sabina
post Tue, 17 Sep 2019 - 19:46
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Thank you for clarifying.
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