ES Enforcement County Court Claim

NorthWestITConsultant

Really happy to hear you won the case! Feels like I got back a bit of that justice that was lost in my case! Judge seemed very reasonable and you did very well with preparation and giving a good account of yourself!

WELL DONE! :j:T

Dot2101

Thanks so much!! Really appreciate your support, I am now helping someone else that is facing court from the same site which is a great feeling!
I will be carrying on keeping an eye on the forum for any more ES cases

NorthWestITConsultant wrote: »

Really happy to hear you won the case! Feels like I got back a bit of that justice that was lost in my case! Judge seemed very reasonable and you did very well with preparation and giving a good account of yourself!

WELL DONE! :j:T

Umkomaas

Dot2101 wrote: »

Thanks so much!! Really appreciate your support, I am now helping someone else that is facing court from the same site which is a great feeling!
I will be carrying on keeping an eye on the forum for any more ES cases

Come and join us in advising others. You are one of the few who have gone through the whole court process and come out the other side.

Your first hand experience will be absolutely invaluable to many others who will follow behind you on the same path.

NorthWestITConsultant

Have you thought about claiming for breach of the Data Protection Act? You are entitled up to £750 for them misusing your data by obtaining it from the DVLA. Since you won damages, they were clearly in the wrong and given your ability to write up a defence, I'd think it would be worth while? Only costs you £60 but you have a very strong case....

Dot2101

I have considered it but read that you need a copy of the transcript which can be expensive. I would also be worried that they claim I didn't appeal (which officially I didn't, I only posted a letter rather than through the IPC appeals service) and if they could hold this against me.

I do think I am going to contact the dvla however as they sent everything to one address which the car was registered to dvla with when this first came about in July (parents house) but then a week before we got another copy of the witness statement to our current address. Someone stated that they may have applied for our details again which they are not meant to do. I haven't read anything about this happening before but perhaps could help support the data breach if it is found they accessed details twice.

Umkomaas

I haven't read anything about this happening before but perhaps could help support the data breach if it is found they accessed details twice

Check it out with the DVLA - it's free, but must be done in writing. Ask how many times and by whom have your details been requested between date of the parking event and your day in court.

http://parking-prankster.blogspot.co.uk/2015/06/dvla-reverse-position-on-charging-to.html

Dot2101

Thanks il check this out!

Umkomaas wrote: »

Check it out with the DVLA - it's free, but must be done in writing. Ask how many times and by whom have your details been requested between date of the parking event and your day in court.

http://parking-prankster.blogspot.co.uk/2015/06/dvla-reverse-position-on-charging-to.html

NorthWestITConsultant

I can send you the letter I sent to ESPEL before I lost my case and ended up having to drop it. In your case it's very straightforward IMO as you got damages for their misconduct. They will know they can lose £750 + court fees and with you winning the case they will be scared too. Happy to support as much as needed and if you want my letter as a starting point then PM me.

The_Deep

contacted Gladstones who claim they did not receive my letter! Decided to appeal to ES, had no reply. Then received letter before claim from Gladstones, again appealed this within the 14 day requirement outlined by Gladstones, and yet again no reply. Then received County Court papers on the 14th October,

Surely the above amounts to unreasonable behaviour, as does the judge's refusal to allow your stationary and printing costs. Why is it that judges seem to be reluctant to compensate the innocent victims of these scammers.

NorthWestITConsultant

Unfortunately the laws are not tight enough to prevent these thugs who would otherwise be criminals.....