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The First Case of a Breach of the DPA heard in Court. VCS finish runners up.
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Nice work by the Prankster. Decent defence and counterclaim and a stroke of luck that no-one came to court for VCS.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Nice work by the Prankster. Decent defence and counterclaim and a stroke of luck that no-one came to court for VCS.
And I think having a well versed lay rep in your corner helps immensely. Going forward I don't think this is a first step, natural progression for everyone who finds a chink in the PPC's DPA armour. It won't be for a shrinking violet, or for the faint hearted.
It will take someone well clued up, able to handle themselves in court and pretty nimble on their feet. The PPC's won't be taking this lying down (or failing to turn up at court) and who knows, there may be even another engagement for Captain Kirk if a bonfire erupts.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
hopefully they will lose this one too
_https://www.indiegogo.com/projects/vehicle-control-services-and-bw-legal#/
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Correct.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.
My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
If there is a transcript ordered it would be interesting to read.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Hmmm...
The temptation to claim against G24 after I (miraculously!) got IAS to cancel on me after I tore apart their "evidence" is substantial...
Interesting though, especially where it can be established quite quickly that the CoP hasn't been adhered to hence no reasonable cause. I wonder how far "down" into the CoP you could get - would a judge go for it if it was for failure to observe observation / grace periods for example? Or for late requests of Keeper data from the DVLA?0 -
Hmmm...
The temptation to claim against G24 after I (miraculously!) got IAS to cancel on me after I tore apart their "evidence" is substantial...
Interesting though, especially where it can be established quite quickly that the CoP hasn't been adhered to hence no reasonable cause. I wonder how far "down" into the CoP you could get - would a judge go for it if it was for failure to observe observation / grace periods for example? Or for late requests of Keeper data from the DVLA?
A DJ would have to determine if there was reasonable cause to request data and if not was it a DPA breach to do so .
At a guess it would be the usual small claims lottery0 -
Regarding the quantum of damages for DPA breach, £250 is the starting point. However, if the PPC is notified of the DPA breach at the initial appeal or subsequently, but continues to process the keeper's data to harass and/or threaten the keeper, instruct debt collectors and/or assign the debt to a third party, then it would be entirely reasonable to issue a claim or counterclaim for a minimum of £750.
Whenever reasonable cause is likely to be absent, we should advise keepers to notify the PPC of their DPA breach at the earliest opportunity and warn the PPC that, if they continue to process the keeper's data, the keeper will issue a claim or counterclaim for damages resulting from their DPA breach.0 -
Excellent news
Your not allowed to stop to read the sign saying No Stopping, that is like charging £100 to read this post.0
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