MIL Collections !!

Coupon-mad

AshleyKent wrote: »

I had the set aside, as I have already stated and sent them my witness statement.

Next, the n279 form signed and dotted!

Its just how I recover almost £500 in costs now!!:mad:

I would see what LoadsofChildren123 advises as she is legally qualified, but (as an armchair lawyer, and yes, I saw your email) I would either:

- contact the court and ask that the hearing is not vacated but is retained to hear and resolve the outstanding matter of costs as that was a matter the Judge intended to be dealt with at the hearing

and/or

- take your time to build a claim for data misuse, in that MIL should never have meddled in data they had no right to buy like a commodity - and the parking firm should never have sold it to them. So you would (after building up evidence by way of an ICO complaint about both the PPC and MIL) be putting in a claim against both parties, adding in your costs for the set aside, and the claim, and interest, and - say - £500 or more for data misuse. You already have great evidence in the form of the DVLA email you received from David Dunford. An ICO complaint upheld would be even better, first. Then go for the jugular of both PPC and MIL as jointly liable.

We didn't already have a counter-claim tacked onto your defence statement, did we? Remind me...if there was one then the counter-claim remains in play. If not then there is time to build a claim, loads of time.

Coupon-mad

Thanks to bargepole for this:

''he should just write a letter to the court, with a costs schedule*, asking that a Judge makes an order against the claimant in accordance with CPR 38.6''.


From the CPR:

Liability for costs
38.6
(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.



*an example of a costs schedule is linked in post #2 of the NEWBIES thread, albeit this one will need the £255 set aside fee plus any costs for attending the set aside hearing (in cases where there was one) plus punitive costs if you want to make a case for unreasonableness using the DVLA email to prove this claimant wasn't even entitled to bring a claim...

Then later you can STILL go for a separate 3 figure data misappropriation and misuse claim against MIL and the parking firm (jointly named, be careful on the legal names!) backed by that DVLA email, the discontinuance and paying of your costs proving unreasonableness, and an ICO complaint upheld. Plenty of time to build the case evidence for that, if you wish.

spook104

Coupon-mad wrote: »

Thanks to bargepole for this:

''he should just write a letter to the court, with a costs schedule*, asking that a Judge makes an order against the claimant in accordance with CPR 38.6''.


From the CPR:

Liability for costs
38.6
(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.



*an example of a costs schedule is linked in post #2 of the NEWBIES thread, albeit this one will need the £255 set aside fee plus any costs for attending the set aside hearing (in cases where there was one) plus punitive costs if you want to make a case for unreasonableness using the DVLA email to prove this claimant wasn't even entitled to bring a claim...

Then later you can STILL go for a separate 3 figure data misappropriation and misuse claim against MIL and the parking firm (jointly named, be careful on the legal names!) backed by that DVLA email, the discontinuance and paying of your costs proving unreasonableness, and an ICO complaint upheld. Plenty of time to build the case evidence for that, if you wish.

I looked at doing costs for my claim but as far as I could see I could not because

From CPR 38.6
(3) This rule does not apply to claims allocated to the small claims track.

AshleyKent

I have just spoken with the court!

The suggestion they made if for me to make an application for my costs? Again costing me £255!!!!


I was like this is wrong.... to which I was told "nothing we can do"

She also checked with a manager!!!

Umkomaas

I'm no expert, but I've seen other cases where the winning defendant has written a polite covering letter (with a cost schedule attached) directly to the judge asking if he will consider a costs order.

That won't cost you anything other than a stamp. If he says 'No', that's it, you know where you stand.

Lamilad

I would definitely write to the presiding judge asking him/her to make a costs order under CPR 38 and using their own case management powers (which means they can ignore the rule that says it doesn't apply).

If they refuse i would file the application then claim the fee back in addition to everything else in the same application.

Lamilad

Or as a cheaper option start your own MCOL for your costs. That would only cost £25

Coupon-mad

AshleyKent wrote: »

I have just spoken with the court!

The suggestion they made if for me to make an application for my costs? Again costing me £255!!!!

I was like this is wrong.... to which I was told "nothing we can do"

She also checked with a manager!!!

So if that's the only way the Court want to move forward, you are better to build a case to claim against MIL and the parking firm for:

- your set aside fee of £255 (your actual loss caused by their unwarranted conduct)

- compensation of, say, £750 for the significant distress caused by this data misuse, backed by the DVLA email and an ICO complaint and the KADOE rules and of course two important pieces of case-law that clarify matters: Halliday -v- Creation Consumer Finance Limited [2013] and Vidal-Hall et al -v- Google Inc [2014].

- your £50ish court fee for the above claim and your loss of leave/salary/income to attend this hearing (and the set aside hearing).

You already have a humdinger of an email from David Dunford at the DVLA to support the above.

Revenge is a dish best served COLD, so the next step is your ICO complaint, using the KADOE and David Dunford's email to support the complaint against MIL and the parking firm (both, this is important).

ICO complaint then! Show us your draft. Read this first:

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

HTH