Claim form- PCM & Gladstones

safarmuk

Is there a good template LBC/LBA for a DPA breach and also some winning case references/transcripts (particularly those related to Residential Parking)?
This would be great information to give to the residents I am working with at the moment.

beamerguy

safarmuk wrote: »

Is there a good template LBC/LBA for a DPA breach and also some winning case references/transcripts (particularly those related to Residential Parking)?
This would be great information to give to the residents I am working with at the moment.

Not yet seen one but one of the brains here will produce one

Umkomaas

safarmuk wrote: »

Is there a good template LBC/LBA for a DPA breach and also some winning case references/transcripts (particularly those related to Residential Parking)?
This would be great information to give to the residents I am working with at the moment.

Not there yet.

AFAIAA there are only 2 private parking DPA breach 'wins' reported. The one against VCS at Liverpool Business Park (£250) and the claim made against Smart Parking where they ran frit and rapidly stumped up a cheque for £250 in case it went to court and started to unravel all this for their scam-buddies. Oops, too late, the genie is well and truly out of the bottle on this one now! Both above cases reported by The Prankster.

So early days, but there's plenty going on behind the scenes for sure.

Coupon-mad

There's a specimen counter-claim on pepipoo drafted by the Moderator, Southpaw82:

http://forums.pepipoo.com/index.php?showtopic=111178

Post #4.

So a LBCCC and a claim would take the same sort of path, setting out where the breaches are and why the claimant has a claim.

First things first though, IMHO cases will have more chance if backed by a court win defending a claim and/or an upheld complaint to the ICO and/or a complaint to the BPA where they actually admit their member did something wrong. So rather than rush straight into a LBCCC, people should take their time to build the evidence, where it isn't a counter-claim (obviously those are immediate with a defence).

If it's a MIL case where the data originated from the DVLA and was later 'sold' to MIL, then IMHO the evidence is easier, just needs the claimant to show that the data came from the DVLA, and on what single reason basis it was supplied under the KADOE agreement, and show that this prohibits data being transferred to third parties (except contractors & debt collectors & legal firms) without permission from the DVLA.

If none of the above apply, another way to build some foundations to argue DPA 'misuse of data' would be to write to the PPC with a Section 10 Notice under the DPA, making it clear that the letter is an 'objection to processing' and explaining why. e.g. if it was a double dip case you would be saying why they had no grounds to obtain the data in the first place and requiring them to cease processing it, giving them 21 days to respond appropriately.

Then if they don't, complain to the ICO, wait for that outcome, THEN go for the LBCCC.

Unless it is a counter-claim, you have time to build the case. Then issue a LBCCC, then a claim using the evidence you have built up. Oh - always include as a second defendant, the retailer/landowner/managing agent with whom the PPC has the contract. ALWAYS. You will regret it if getting a CCJ against a PPC alone, who will not pay and don't give a stuff...rattle the cage of the party who does care about a CCJ and reputation!

Coupon-mad

spaceman8 wrote: »

i won!!

it was over and done with in about 10mins. the judge tore into the solicitor (This was a local solicitor that Gladstones had hired) The Judge had already reviewed everything we had submitted.

The Judge started with asking them where the facts of case are as nowhere in the case pack they had submitted and actually explained properly what happened. He then said that all the facts had been provided by myself.

then he went on to grill them about why i had been fined when i was unloading in a loading bay

He grilled them on the fact that the signs are inadequate and unreadable from the car. the sign is too far up on a wall and not legible. how can you fine someone who can't read the sign and know the terms on the site.

He said that the evidence they had provided showed nothing. just my car with myself in it for 2mins and 14 sec. no time as to when i came into the bay and no time when i left and that 2 mins 14 sec was not enough time, the driver is still in the car. Plus the fact that i hadn't been given the opportunity to read the terms at the site.

he said, there is no claim here and dismissed the case. unfortunately he didn't allow me to claim earnings lost. but still a win!!

thank you everyone for your help throughout this whole process.

Very well done on your win! Second win on here this week, you and Stuart Hamilton won your court defences - yay! And both are cases where you can now build evidence for a claim for DPA data misuse! Can't be bad... :T:T

bargepole

beamerguy wrote: »

Not yet seen one but one of the brains here will produce one

Here's one I prepared earlier. Needs to be adapted to suit the particular case:

The Company Secretary
[Name of PPC]
[Address]
[Postcode] [DATE]


LETTER BEFORE COUNTY COURT CLAIM

Dear Sir or Madam,

First Defendant: [Name of PPC]
Second Defendant: [Name of Landowner]

This letter is sent in accordance with the Practice Directions on Pre-Action Conduct. The conjoined defendants named above are held to be jointly and severally liable for compensatory payments in respect of breaches of the Data Protection Act 1998 (DPA), as set out in the following paragraphs.

Facts of the Case

1. This matter arises from the issue of a Parking Charge Notice (PCN) by the First Defendant at [LOCATION], on [DATE]. The Second Defendant is the landowner of this property, and at all material times [Name of PPC] were acting with the authority of, and under instructions from, [Name of Landowner], so that the agent / principal relationship giving rise to joint and several liability is clearly established.

2. Subsequent to the incident, I received a Notice to Keeper from [Name of PPC], who had obtained my registered keeper details from the DVLA. Following my refusal to pay a charge of £100 for [INSERT REASON FOR CHARGE], and after protracted appeals processes with [Name of PPC] and an independent adjudicator, a court Claim Form was issued by [Name of PPC] on [DATE}, Claim Number [XXXXXXXX}.

3. The hearing of the Claim was listed for XXXXXXX County Court on [DATE], and at the Trial, the Claim was dismissed because [INSERT REASON CLAIM DISMISSED].

4. As evidenced by the above, there was clearly no reasonable cause for [Name of PPC] to request my keeper data from the DVLA, or to process the data for any lawful purpose..

Legal Issues Arising

5. It follows that, not only were [Name of PPC] in breach of their Keeper At Date Of Event (KADOE) contract with the DVLA by obtaining and processing my personal data when they clearly had no reasonable cause to do so, but they were also in breach of the Second Principle of Schedule 1 of the DPA, which states “Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.”

6. Pursuant to s13 of the DPA, “Compensation for failure to comply with certain requirements”, the Act states at 13(1) that “An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage”.


7. I rely on two significant authorities in support of my claim, which are Vidal-Hall v Google Inc [2015] EWCA 311, and Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333. In Vidal-Hall, it was held by the Court of Appeal that compensation was payable upon the fact of breach, and that it was not necessary to quantify a direct pecuniary loss. In Halliday, the Court of Appeal held that a compensatory sum of up to £750 was deemed ‘appropriate and sufficient’

8. Both of the above cases arose as a result of material breaches of the DPA by the respective defendants, and can be considered to provide binding precedents for my own situation. The consequences of the breach were perhaps less serious in my case than the two cited cases, and accordingly, my claim is for £250 at the lower end of the scale. A similar ruling was made by a District Judge at Liverpool County Court on 7 December 2016, in case no. C9DP2D6C, VCS v Mr. M.

Actions Required by Defendants

I now require you to remit the sum of £250 payable to me at the above address, within 14 days of your receipt of this letter, deemed to be two working days after the date of posting. Failure to pay the sum due, or to otherwise furnish a substantive response, will result in the issue of a Money Claim through the County Court Business Centre at Northampton without further reference to yourselves.

In the event that a Claim is issued, you may incur additional costs in the form of court filing fees, hearing fees, and such other costs as are recoverable on the small claims track of the County Court. A judgment against you may also result in a downgrading of your Company’s credit rating, and further costs for enforcement action, which may include seizure and disposal of your corporate assets by Court appointed bailiffs.

Yours faithfully,


[Your Name]
cc: Company Secretary, [Name of Landowner]

safarmuk

C-M / BP - thanks.

Agree with your points entirely about building the case first. I currently have casework in with the ICO ... but, they are running massively late on processing casework. It's supposed to be 30 days but it is currently being estimated at around 90 days +

As soon as I get my decision back from the ICO (assuming they concur a DPA breach occurred) I will come back to you for further thoughts as my breach is slightly different to the one BP's letter is a template for.

tannar

Well done!! This thread has been so useful and informative. I can't believe so many people have been trapped by these scumbags.


I have a case coming up with them in June - would you be able to offer any tips or advice?


If I could have the specific name of your case, that would be very helpful so I can cite it.


I was also wondering if anyone would recommend writing to Gladstones in advance to try and get the case dismissed based on the above or if this would give them advanced warning of my arguments?


Thanks in advance!

Umkomaas

Spaceman8 hasn't visited the forum for some two months (28/2/17), so unlikely to see your request. PM him and he should receive an email to say you're trying to make contact.

Titchelodge

Hi, I’m new to this so am trying to take all the info in. I’m basically waiting for a letter to send me to court as I lost my appeal and didn’t pay the debt recovery company. It’s because my vehicle was in the lay by on Heath Parade. I wasn’t driving , I got out to go to cash point then in to shop, the driver left the spot after about 3 mins to use round a bout near by then came back to collect me. I’m confused as what to do now????