County Court Claim AM Parking Services Ltd

JimmyChan · 1 March 2017 at 2:36PM

Back in March 2015 I had an appeal rejected as they stated the vehicle was parked on "Coriander Drive" and in their rejection they helpfully showed where my car was actually parked. Along with where the adopted highway was: hxxps://i.imgur.com/6UGb9cl.jpg

Coupon-mad · 1 March 2017 at 3:15PM

https://i.imgur.com/6UGb9cl.jpg

hahahahaha! Hilarious, you are saying this PPC has handed you the evidence (2 years ago) that they are ticketing on public highway?! And you can now use that in your own defence against them and to get them in hot water.

Send copies by email to the DVLA and BPA and demand sanctions.

As well as defending the claim, of course.

JimmyChan · 1 March 2017 at 3:58PM

Will do, but after sorting out my defence. Which is tonight's job, I am going to spend most of my efforts on the assumption that it was a ticket for parking in my own space as this seems to require the most amount of points to cover. And add a final point that if it was parked on the public highway then no trespass can have taken place, no contravention of road traffic acts have taken place and the land is not relevant under PoFA 2012.

JimmyChan · 3 March 2017 at 12:48AM

I think I have completed my defence and am now looking into the counter claim. My first question is should I continue to include the preliminary matters if I am making a counter claim? If the claim gets struck out does my counter claim as well?

Second is what should the counter claim be for? Data protection breach or harassment? I have a letter from the DVLA stating they requested my details 4 times (although only on 2 occassions) using a V888/2 form so is this 4 breaches or just 2? How do you calculate costs and damages from receiving letters and text messages, replying to letters, appeals and rejections and the time spent researching on the Internet?

Sorry for the question overload it just this part I am more worried about than defending the claim.

Coupon-mad · 3 March 2017 at 1:13AM

If the claim gets struck out does my counter claim as well?

No, your counter claim carries on and if they don't turn up to the hearing and you do, you win.

Second is what should the counter claim be for? Data protection breach or harassment? I have a letter from the DVLA stating they requested my details 4 times (although only on 2 occassions) using a V888/2 form so is this 4 breaches or just 2? How do you calculate costs and damages from receiving letters and text messages, replying to letters, appeals and rejections and the time spent researching on the Internet?

Data misuse because I think harassment would not stay in the small claims track...

Also data misuse is something you can use case law to support the fact that you do not need to quantify your loss. You would have to show that the data was obtained from the DVLA without reasonable cause (quoting from the KADOE) and using the usual cases to argue that £750 has been held to be a reasonable figure to compensate for significant distress caused. And you'd have to put a few lines saying why this court claim has caused distress (obviously it has, but say why and how much work and time and trouble and stress has taken its toll). Oh, and quoting the DPA principles that you argue have been breached - Google DPA principles.

JimmyChan · 3 March 2017 at 11:21AM

Can I confirm that the PPC has to follow the KADOE contract even though my details were requested manually using a V888/2 form via Debt Recovery Plus?

Coupon-mad · 3 March 2017 at 3:15PM

I would ask the DVLA by email what rules apply to V888/2. if not clear from the links pappa golf gives here:

http://forums.moneysavingexpert.com/showthread.php?p=72189857#post72189857

HTH

Timothea · 3 March 2017 at 5:28PM

A breach of the Data Protection Act will have occurred regardless of how and who obtained your personal information from the DVLA. You should complain to DVLA that Debt Recovery Plus obtained your personal information using form V888/2 for a disputed parking event, which is not a debt. Also explain that it was for parking on your own demised property, so there was no reasonable cause for AMPS or DRP to obtain you personal information at all.

You should also ask DVLA to provide you with a copy of each V888 form used to obtain your personal information for your vehicle and this location since this started, plus details of any similar KADOE (automated) requests over the same period. Email [EMAIL="SubjectAccess.Requests@dvla.gsi.gov.uk"]SubjectAccess.Requests@dvla.gsi.gov.uk[/EMAIL]. You could well have grounds for multiple claims against multiple parties.

For further information, please read this thread: http://forums.moneysavingexpert.com/showthread.php?t=5585388.

JimmyChan · 3 March 2017 at 5:39PM

You should also ask DVLA to provide you with a copy of each V888 form used to obtain your personal information for your vehicle and this location since this started, plus details of any similar KADOE (automated) requests over the same period. Email SubjectAccess.Requests@dvla.gsi.gov.uk. You could well have grounds for multiple claims against multiple parties.

I have already done this, hence why I know it was Debt Recovery Plus using a manually entered V888/2 form.

pappa_golf · 3 March 2017 at 5:46PM

Coupon-mad wrote: »

I would ask the DVLA by email what rules apply to V888/2. if not clear from the links pappa golf gives here:

http://forums.moneysavingexpert.com/showthread.php?p=72189857#post72189857

HTH

DR+ are in the BPA ATA , and have sought drivers details relating to a parking incident .

therefore they should have used v888/3 because they are a company engaged in private parking

they have circumvented the KODoe requirement limit of 6 mths by using this method

v888/2 is for companies that are not engaged in private parking

expect nothing from the DVLA in the way of help

DR+ are also PCS (Parking Collection Services is a trading style of Debt Recovery Plus Ltd.) and issue NTK , therefore they are a PARKING CO!

however by signing the disclamer on the v888/2 that states "I declare that the information given is correct to the best of
my knowledge. I will not use the information that I am given
for any other purpose than that stated in section 5. I am aware
that, under Section 55 of the Data Protection Act 1998, it is an
offence to unlawfully procure or sell personal information."

they have fallen fowl of the law by selling your info to the parking co

County Court Claim AM Parking Services Ltd

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