Spring Parking ltd/DCB(Legal) 6 2019 ANPR PCNs claimform - 1-3 Upper Green East, Mitcham, Surrey, Cr4 2pe ***Claim Discontinued***

[hitman126]

Morning All, 

 

Apologies, went MIA yesterday due to work commitments, etc. Been up bright and early though

to get some work done and also pick up from where we left off.

 

@FTMDavethanks for your feedback on those proposed changes to the draft letter. I'll most 

definitely get that letter all finalised and share on here this weekend, with a view to sending it out

in the mail on Monday.

 

By the way, the judgement 'Set-Aside' application fee is £275 and my successful claim was for 

the sum total of £235 (£200 for compo, £35 for the application costs). One of the suggestions 

here was to demand that Spring Parking pick up that £275 tab, as part of my demands to agree

for all claims to be dropped. Question is, considering it will cost them more, will they bite the bait

and pay the higher amount for the case to be 'set aside', or will they simply pay the judgement fee

which in any case will see the judgment record removed off their record?

[hitman126]

8 hours ago, FTMDave said:

Let's not go OTT

 

@FTMDave, yes I agree entirely with that view.

Let's not antagonise and torment the cornered cat any further or who knows, it could fight back.

 

Let's build on what we've achieved here so far and save the rest of our ammo for another battle

on another day, which is sure to come round in future in another PCN fightback case. And on that

note, demanding SARs from parking companies (and pursuing them vigorously to the bitter end)

should most definitely become one such ammunition in future.

 

Edited January 28, 2023 by hitman126

[Nicky Boy]

I'm not sure, but I think a set aside "by consent" is a reduced fee.... Guys?

[FTMDave]

Yes, it's £108.

[FTMDave]

4 hours ago, hitman126 said:

Apologies, went MIA yesterday due to work commitments, etc.

Same here the last few days.  Saturday is an easier day at this end too.

 

How about this for a strategy?

 

On Monday send a Letter of Claim to Spring Parking for the second period of "SAR distress", 1st class, so it arrives on Tuesday.

 

On Monday evening e-mail DCB Legal -

 

Dear DCB Legal,

thank you for your letter of 23 January.

We may have the basis for an agreement.

 

However, I took part in mediation in good faith in the hope that your client would do the same, not that they would faff around for more than a month before making a decision.  Mediation was 21 December.  Your letter to me was dated 23 January.

You are surely aware that in a month the county court claim process moves on substantially.  I no longer have just a claim.  I have a county court judgement in my favour.  Your client has lost the case.  I have won.  I am currently organising enforcement.

I confirm however that I would be willing to do the equivalent of discontinuing - to sign a consent order for set aside.  However, under certain conditions.

 

Before moving on to these conditions, I need you to first clarify your ambiguous statements "on the basis that the above Claim - xxxxxxx - against you is also discontinued" and "there will not be any further action from our office in relation to this matter".  You will remember that you couldn't decide which invoices you were suing me for.  Your Particulars of Claim included the same invoice four times, which would enrage a judge (attached).  I'm unaware if your client knows about this monumental balls-up.  Well they do now as I am copying this e-mail to them.

 

So would you please kindly clarify the numbers and dates of the PCNs that your client is offering to withdraw?

I look forward to your reply at your earliest convenience.

 

Yours,

 

That way on Tuesday there would be a discussion between Spring Parking and DCBL, with the heat having been turned up even more on Spring Parking, and therefore there being a big incentive for them to just drop everything against you and to get rid of you completely.

[hitman126]

So below is the second SAR letter I plan sending out this morning. Would greatly appreciate

some feedback, especially as the original draft stated a response deadline of 30th January

which also happens to be today and requires a new date stated.

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

Letter Before Claim

 

To Whom It May Concern

Re: VRN XXXXX, Claim No. XXXXX

On 26th September 2022, I sent you a Subject Access Request for a statutory disclosure of my personal data under the Data Protection Act 2018.

You have failed to comply and are therefore in breach of your statutory duty and obligation under the UK General Data Protection Regulation (UK GDPR). 
 
This dereliction of duty has caused me a great deal of distress, exacerbated by your failure to provide me with the requested information to enable 
me to understand the issue at hand and further compounded by the necessity for me to pursue you to obtain this disclosure. 

I already hold a County Court Judgement against you for distress caused until 15th November 2022 for £200.

You now have 14 days to pay the me the sum of £200 for distress caused for the period from 16th November 2022 until 23rd January 2023.  In case of 
no payment I shall begin a County Court claim against you.

These court claims will go on and on until you satisfy my Subject Access Request. 

Although you have no defence to the distress caused by your failure from 16th November 2022 until 23rd January 2023, I undertake to not proceed with 
the claim if you satisfy my Subject Access Request by dd-mmm-2023 - i.e. that is the date by which I expect your letter to be delivered through my 
letter box. You have already had umpteen chances.

 

Yours,

[hitman126]

*********** BELOW, SOME MINOR UPDATES MADE TO THE EARLIER DRAFT FOR REVIEW AND FEEDBACK PLEASE ************

 

 

 

Letter Before Claim

 

To Whom It May Concern

Re: VRN XXXXX, Claim No. XXXXX

 

On 26th September 2022, I sent you a Subject Access Request (letter dated 25th September 2022) for a statutory disclosure of my personal data under the Data Protection Act 2018. You have failed to comply and are therefore in breach of your statutory duty and obligations under the UK General Data Protection Regulation (UK GDPR).

 

This dereliction of duty has caused me a great deal of distress, exacerbated by your failure to provide me with the requested information to enable me understand the issues at hand and further compounded by the necessity for me to pursue you to obtain this disclosure.

 

I already hold a County Court Judgement against you for distress caused until 15th November 2022 for £200.

 

You now have 14 days to pay me the sum of £200 for distress caused for the period from 16th November 2022 until 30th January 2023. In case of no payment I shall begin a County Court claim against you. These court claims will go on and on until you satisfy my Subject Access Request.

 

Although you have no defence to the distress caused by your failure from 16th November 2022 until 30th January 2023, I undertake to not proceed with the claim if you satisfy my Subject Access Request by 13th February 2023 - i.e. that is the date by which I expect your letter to be delivered through my letter box. You have already had umpteen chances.

 

Yours sincerely,

[FTMDave]

Usual boring post from me - am under the cosh with work but will be on the thread late this evening.

[hitman126]

1 hour ago, FTMDave said:

Usual boring post from me - am under the cosh with work but will be on the thread late this evening

 

No worries. Will hold fire on those letters and email till we reconvene tonight. Will be out of town all day

tomorrow, so if we're able to finalise everything this evening, I'm sure I can get the letter printed and sent 

out in the post tomorrow. On the back of that, the email to DCB can also be drafted tonight and then sent

out later in the day tomorrow.

 

[FTMDave]

Firstly, your letter to Spring Parking is excellent.  If you want, you can change the two references to 30th January, to 31st January to add the extra day.  Not that it makes much difference.

 

It's up to you, but I would only give them a week to satisfy the SAR - i.e. till 7th February.  After that you want £200.  They've already had a million chances.  How long does it take to print six pages and post them?

 

The deadline for the SAR is completely different to the deadline to pay you your £200.

 

Send two copies by 1st class post tomorrow, one to the address they filed with the court, and one to Cranbourne Gardens to really turn the screw.

 

 

[FTMDave]

I drafted a mail to DCB Legal six posts above.  What do you think?

[hitman126]

@FTMDavethanks for the feedback. Will apply the necessary changes to the SAR letter and also yes, the draft letter to DCB looks perfect. I’ll adapt it.

[FTMDave]

Great, get both off tomorrow.

 

Then methinks Wednesday there will be a hell of a discussion between Spring Parking and DCBL!

[FTMDave]

It's not essential, but personally I would copy the DCBL e-mail to Spring Parking  info@springparking.co.uk  and also attach a copy of the rubbish PoCs.  Spring Parking may well not know.  It would sow disaccord between the two - and if Spring Parking realise their solicitors are rubbish too it would be an extra incentive to drop you like a hot potato.

 

The important thing though is to get something moving tomorrow and to keep these charlatans on the back foot.

 

 

[hitman126]

Morning All.

Quick update before the pressures of work take center stage once again.

 

Unfortunately, due to work commitments which led to me traveling out of town to the midlands all

day Tuesday, I was unable to send out the SAR letters to Spring Parking until yesterday. All letters

though were sent as first class mail and I'm hoping that this week's ongoing strikes won't cause any

major delay to their delivery.

 

Later this afternoon, I intend to follow that up by sending out the response letter to DCB Legal.

 

 

 

[hitman126]

All, well things have now taken a rather surprising turn and perhaps it's just as well that email/letter

to DCB Legal hasn't yet gone out.

 

This is because, in the last few minutes, a recorded letter from Spring Parking was delivered to me

at home. Enclosed was a cheque for the sum of £235 which was the judgement sum for the SAR

distress claim.

 

Now then, any suggestions how we firstly proceed with this pending DCB Letter and secondly, this

cheque settlement? Is this some sort of trap by Spring Parking/DCB Legal?

 

 

[FTMDave]

It's not a trap, it's them paying within the 30 days ordered by the court so they don't end up with a CCJ.

 

Well done!

 

However, this changes things.  Please hold fire until this evening.

[Nicky Boy]

Presumably, they still haven't actually complied with the SAR and enclosed the info with the cheque?

[hitman126]

Well, you'll all be interested to know that within the last couple of minutes, I've just received a letter from

Spring Parking responding to my SAR request with some PDFs of multiple PCNs and rendering an apology

for the delay.

 

I doubt it's just a coincidence that this email came just shortly after they most likely checked the Royal Mail

tracking number to confirm my receipt of their cheque.  

[hitman126]

32 minutes ago, FTMDave said:

However, this changes things.  Please hold fire until this evening.

 

 

Absolutely!! 

 

And as per my previous thoughts on this subject, I think that with them now putting forward that offer of a compromise, we should play our cards carefully

by adopting a more accommodating and slightly cordial approach, rather than antagonise them and jeopardise the entire purpose of what we set out to do, 

i.e. get their claim killed off entirely. And so, how about we include as part of our compromise terms that:

 

1. Yes, we'll apply for judgement to be set aside (if it's not too late and they agree to pay the required fee).......................and/or refund their cheque.

2. We will withdraw any further pending or proposed SAR claims, as stated in yesterday's letter.

3. They withdraw their claim, but crucially, will initially have to confirm all PCNs the claim relates to.

 

Any thoughts on this?

[Nicky Boy]

For what it's worth, I think you should keep the dosh!

 

And presumably you'll upload the SAR info...?

[hitman126]

1 hour ago, Nicky Boy said:

And presumably you'll upload the SAR info...?

 

Most definitely. Just need to tidy them up a bit after work to remove any personal data and then will upload.

[FTMDave]

OK, two sides to these developments.

 

The original point of the SAR was to get your hands on what evidence they have against you.  That is all.  You've got there, and are £200 up on the deal, which is one hell of a win.

 

The only negative side is that there was, maybe, the potential to really go for it last weekend and get them to drop the whole case in exchange for the set aside (£108 cost to them).  But now that ship has sailed.  They've accepted paying the £235 and have avoided the CCJ by paying within the court timeframe.  So that leaves you with nothing to negotiate with them with.  Even the second SAR letter is no good as we said we would drop it if they respected the SAR which they have.  A pity, but hey, the real world intervenes and work takes over sometimes (well it certainly does for me).

[hitman126]

So what's next?

We completely turn our backs on DCB Legal's compromise deal and await a new court date?

[Nicky Boy]

Well, let's see what they've sent in the SAR disclosure and have a think about what to do next...?