The First Case of a Breach of the DPA heard in Court. VCS finish runners up.

Umkomaas

The Prankster is reporting a highly interesting and potentially damaging case for the entire PPC network where a VCS pursuit of a 'stopping' PCN at Liverpool Business Park was seen by the Judge as a breach of the DPA and awarded £250 in damages for the breach (plus another £104 for discontinuing - and losing - their claim for the parking (stopping) charge).

Mr Renshaw Smith looks to have provided the PPC network with a very timely Christmas present.

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

salmosalaris

I seriously think this could be the Achilles Heel ( in specific cases ) of many PPC claims .
The beauty is if a counterclaim is issued for DPA breach on receipt of a PPC claim even if the PPC discontinue the counterclaim will still be heard. What is required is an absence of reasonable cause for the request of RK data or subsequent processing of it and this could be any failure to adhere to the ATA CoP as this is a requirement under the KADOE agreement with the DVLA
Regardless a claim could still be brought for DPA breach against a PPC for up to 6 years after any breach even if a case was previously won or lost or a ticket paid

Castle

Umkomaas:-
Beat me to it; but essential reading for everyone, (including instances of non motoring related data breaches).

Umkomaas

Castle wrote: »

Umkomaas:-
Beat me to it; but essential reading for everyone, (including instances of non motoring related data breaches).

Where's beamerguy? I'm having to do his job for him now! :rotfl:

pappa_golf

Umkomaas wrote: »

Where's beamerguy? I'm having to do his job for him now! :rotfl:

on the phone , on hold waiting for Mrs May

salmosalaris

of course the ATA's could dumb down their CoP but that would be a tad obvious and reveal their true allegiance

pappa_golf

salmosalaris wrote: »

of course the ATA's could dumb down their CoP but that would be a tad obvious and reveal their true allegiance

however like the case above (vcs were BPA) , the COP at the time of the incident or threat of court would prevail ,, like the PPCs once said (hello BW) 6 yrs is a long time

lets hope the return claims start in force , steam will arise in sunny cheshire.

counter claims need doing every time a PPC backs down from POPLa , the BPA organised it so that no money would be sought (popla fees) if they simply backed down , this does not assist the motorist , who has spent many hours writing a POPLa appeal

salmosalaris

sorry but a counterclaim can only be in response to a claim
A possible way to deal with PPC no contests is to give all appeal points at the initial appeal and advise PPC you will invoice them if they fail to cancel and issue a POPLA code only to then not contest the POPLA appeal having forced you into a full POPLA appeal. You would the issue a claim
However your initial appeal must cover all appeal points in your POPLA appeal , the costs could be argued if tbe POPLA appeal went into more detail on each point .
This is separate from a DPA breach

pappa_golf

yes you are correct , its at the claim stage , perhaps the ombudsman service will realise the lack of income and act accordingly , however apart from WH no one else would touch the job

Umkomaas

There are plenty of opportunities for real counterclaims given the number of roboclaims being instigated by Gladstones and BW Legal, and to a lesser extent WH and Miah. And the ones with real 'legs' might be any of the PPC's who've sold their souls to the devil in the shape of MIL Collections.

I expect HO87 will be taking quite an interest in today's case.

beamerguy

Umkomaas wrote: »

Where's beamerguy? I'm having to do his job for him now! :rotfl:

Ah well, you must be seen to be doing something useful, you did take your time though