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  • FIRST POST
    • barry22
    • By barry22 1st Nov 16, 7:38 PM
    • 16Posts
    • 13Thanks
    barry22
    Court Summons
    • #1
    • 1st Nov 16, 7:38 PM
    Court Summons 1st Nov 16 at 7:38 PM
    I received a charge notice whilst parked in the residents free car park of my home address, the reason being non display of permit.
    I wrote to the company explaining that, as my car usually has a roof cover on it, I had been assured by my landlord that as my vehicle details were held on file all would be fine. I also asked the company to justify the invoice amount when no financial loss had been accrued by them. No specific reply was ever forthcoming, just the usual letters. I have now been informed that the "debt" has been sold to a third party and they have issued a court summons against me. It seems as if they are trying to dupe the court into thinking the original debt was uncontested and therefore bypass any argument I have. What would be my best course of action in regards to contesting the summons? Any help greatly appreciated.
Page 3
    • Kind Of Irritated
    • By Kind Of Irritated 21st Feb 17, 8:17 PM
    • 226 Posts
    • 164 Thanks
    Kind Of Irritated
    Well done. Did you find out via MIL themselves?
    • Coupon-mad
    • By Coupon-mad 21st Feb 17, 8:27 PM
    • 51,872 Posts
    • 65,506 Thanks
    Coupon-mad
    Hello, just to let you know the claim has been discontinued by MIL (which I have been led to understand is an acronym for Money grabbing Inept Litigants). I awaited confirmation of this from the court before posting as I have heard that MIL have form in this regard.
    Thank you all for your help and support in this matter. I hope that my defense points will be of assistance to future victims of MIL.
    Originally posted by barry22
    Yay!

    You do realise that every MIL case where the data originated from the DVLA, can mean you can now sue MIL and the parking firm for a hefty sum in compensation and it's one of the circumstances where it seems nailed on, as long as the claim is worded well and the court procedure followed?

    http://parking-prankster.blogspot.co.uk/2016/10/parking-companies-breaking-data.html

    http://parking-prankster.blogspot.co.uk/2017/01/dvla-confirm-massive-data-protection.html

    You don't have to rush to do it now but this can be done by you, with just a court fee then (if neither party settles) a hearing fee, £50 tops, which you include in your claim to get back. And you don't even have the burden of having to prove any loss:

    http://forums.moneysavingexpert.com/showthread.php?t=5585388

    Rude not to claim £750 as per Halliday, bearing in mind the data was used to seriously harass and alarm the keeper who was dragged into defending a court claim, yet MIL had no right to process the data and the parking firm had no right to sell it (ignorance of KADOE rules and/or lack of due diligence with data supplied by the DVLA, not being any excuse for serious data misuse).

    To build evidence, start with a complaint to the ICO about MIL and the parking firm, citing the recent DVLA emails to people:

    http://parking-prankster.blogspot.co.uk/2017/02/mil-collections-promises-dvla-it-will.html

    You can get a DVLA email yourself, to use as evidence. Email and ask Mr Dunford if the parking firm were allowed to sell your data to MIL (we know they were not, if the data came from the DVLA and not from you appealing):

    david.dunford@dvla.gsi.gov.uk

    ...do that and the ICO complaint. Build your evidence for court FIRST - and then claim, with help from here.

    HTH
    Last edited by Coupon-mad; 21-02-2017 at 8:32 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • barry22
    • By barry22 23rd Feb 17, 6:41 PM
    • 16 Posts
    • 13 Thanks
    barry22
    Hello, yes, mil wrote to say they had dropped the claim and it was confirmed by the court a couple of weeks later. In regard to data protection violations, I'm not sure mil themselves are culpable, isn't it the original instigators who then "sold" my details to mil? And of course my landlord, who are ultimately responsible for the actions of their agents.
    DVLA have confirmed that they supplied my details so I will contact them again in regard to mil, and then take it from there. Many thanks for your help.
    • DoaM
    • By DoaM 23rd Feb 17, 7:30 PM
    • 3,591 Posts
    • 3,635 Thanks
    DoaM
    That's the point I think ... you go after the PPC as they are not allowed to sell your details on. You also go after MIL because they are using your details whilst having no reason to have them in the first place.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Coupon-mad
    • By Coupon-mad 24th Feb 17, 12:32 AM
    • 51,872 Posts
    • 65,506 Thanks
    Coupon-mad
    Hello, yes, mil wrote to say they had dropped the claim and it was confirmed by the court a couple of weeks later. In regard to data protection violations, I'm not sure mil themselves are culpable, isn't it the original instigators who then "sold" my details to mil? And of course my landlord, who are ultimately responsible for the actions of their agents.
    DVLA have confirmed that they supplied my details so I will contact them again in regard to mil, and then take it from there. Many thanks for your help.
    Originally posted by barry22
    MIL are also culpable for 'purchasing' and then processing (and continuing to process) your data - negligence by their data controller in failing to make basic checks that DVLA-supplied data can be 'bought & sold'.

    Also I would suggest MIL should be named because it is their aggressive business practice that dragged you to court claim defence stage which is what has caused you 'significant alarm and distress'. So that meets the requirement to show such distress caused by one or both of the defendants you will be suing for 3 figure compensation. £750 is reasonable to plan for, as per Halliday.

    No rush though, get your evidence. An ICO complaint upheld against MIL and the parking firm (both) would be great, to start this process, as well as an email from the DVLA confirming that MIL were not allowed to process this data which cannot be bought & sold.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • barry22
    • By barry22 14th Jun 17, 6:32 PM
    • 16 Posts
    • 13 Thanks
    barry22
    Update: After a consultation with the residents, my landlord is planning to continue using outside parking contractors to oversee the use of the communal car park. However, the parking contractor has insisted on a yearly charge for the issuing of permits. With regard to the advise already received on this matter, am I correct in thinking that I do not need a permit, my tenancy agreement has not changed. Thank you for any advise.
    • Coupon-mad
    • By Coupon-mad 14th Jun 17, 11:22 PM
    • 51,872 Posts
    • 65,506 Thanks
    Coupon-mad
    Update: After a consultation with the residents, my landlord is planning to continue using outside parking contractors to oversee the use of the communal car park. However, the parking contractor has insisted on a yearly charge for the issuing of permits. With regard to the advise already received on this matter, am I correct in thinking that I do not need a permit, my tenancy agreement has not changed. Thank you for any advise.
    Originally posted by barry22
    Yes. I would read the threads by:

    hairray

    Daniel san

    infernouk
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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