County Court Claim AM Parking Services Ltd

JimmyChan

Sorry for the extremely long time in waiting to update this thread, but the judge in this case advised me not to brag on social media. So I thought it was best to wait a month to calm down from my win in case I came across as bragging. Then some personal circumstance happened and it now we are 5 months later!

As it has been a while, so I am just going to stick to the facts I can easily recall. After letting the judge rip their representative apart he sided with me and in his summing up he used to word “unreasonable.” After he summed up I asked if I could have my costs, he asked what my costs were, I asked for my loss of leave and my bus travel which he allowed. I then went on to ask for my printing, stationary & printing costs, he said “this is small claims, you cannot claim that cost,” very shakily I pointed him to the civil procedure rule 27.14(2)(g) and pointed out he himself had said they had acted unreasonable in his summing up. He smiled and said “I can see you have done your homework,” and allowed my stationary costs. Then I asked for “10 hours for researching, preparing & drafting two defence documents and letters to the court about the Claimant’s Behaviour.” The judge seemed shocked at the 10 hours I had asked for, at which point I pointed out that the litigate in person rate is just £19 where are a trainee solicitors rate is £118 an hour (in Maidstone). So a lay person is expected to take 6 times longer than someone who not even full solicitor. The judge accepted this and allowed all my costs: £95 for loss of leave, £5.20 for bus travel, £15 stationary and £190 for time spent, £305.20!

He then asked me if I really wanted to continue with my counter claim, I nodded. He then said we would break for lunch, but that I would have to show him how on earth he could award me the £750 I was claiming.

When we came back the judge said that the Data Protection claim should be dealt with using the Information Commissioner Office. Luckily I had checked this the night before and pointed out that the ICO can only issue fines and cannot claim damages on my behalf, which he seemed satisfied with. I began by showing that I owned the leasehold and the entire property had been demised to me. The judge seemed happy that I had exclusive rights to the land. I then showed that I had put them on notice that this was my land and that they should not place anything else on my vehicle, and I would take them to court if they did. I then showed that they had accessed my details from the DVLA 4 times, the judge agreed this had taken place. I then took him through Vidal-Hall et all v Google Inc that it established misuse of personal details is a tort which I think he accepted, and then we moved to Halliday v Creation Consumer Finance Limited where the £750 number comes from. This is where it fell down, as soon as the judge heard that it had effected Halliday’s credit rating rather than just having endless threating letter’s sent to them he made up his mind that it doesn’t apply to parking charges.

In the end he awarded nominal sums of £10 for trespass to my vehicle and then £10 for 3 of the data protection breaches (the judge had assumed that first one was issued correctly). I then forgot to ask for must costs in filing my counter claim (the court fee). But overall I had cost AM Parking £345.20.

Things that keep me up at night wishing I had done differently: I had spent too much time making sure I didn’t lose rather than making sure I won. I wish I had taken some of the small claims wins for parking tickets which, while not binding, would have persuaded the judge that awarding £250 for data breaches was not unreasonable, rather than the £10 he did. I also wish I had made it clearer to the judge how they had used the wrong V888 forms and that the contract they had could in no way have ever applied to my land, showing it was not negligence that meant they had issued the charge incorrectly.

Overall a fun day out!

waamo

Have they coughed up yet?

JimmyChan

Yep my big fat cheque turned up a week later :beer:

pappa_golf

a hat trick for them , if vthis way not you http://forums.pepipoo.com/index.php?showtopic=117865&pid=1354709&st=0!!!entr%20%20y1354709

poor , ppc , my heart bleeds (not)

JimmyChan

Nope wasn't me, but reading that gives me a warm fuzzy feeling inside.

Castle

JimmyChan wrote: »

Things that keep me up at night wishing I had done differently: I had spent too much time making sure I didn’t lose rather than making sure I won. I wish I had taken some of the small claims wins for parking tickets which, while not binding, would have persuaded the judge that awarding £250 for data breaches was not unreasonable, rather than the £10 he did. I also wish I had made it clearer to the judge how they had used the wrong V888 forms and that the contract they had could in no way have ever applied to my land, showing it was not negligence that meant they had issued the charge incorrectly.

Overall a fun day out!

Perhaps you should have included damages for harassment under the 1997 Act and used Ferguson v British Gas.

JimmyChan

Perhaps you should have included damages for harassment under the 1997 Act and used Ferguson v British Gas.

I failed really at convincing the judge that them trespassing and breaking the DPA had caused me much harm (£40's worth) so getting him on board with the harassment idea would have been beyond my skills.

SWEETPEAS

So AM Parking Services are set to want me ti Court.

For giving me a ticket on land that according to HMRC land registry they didnt control.

Frustratingly i never counterclaimed for misuse of data by obtaining my Infomation without due cause.

However despite a clear land registry map being supplied in my defence they seem to still want their day in Court which is more or an inconvienence than anything.

They have failed to provide information at appropriate times ie contract with the landowner and frankly the map which is a saterlite image highlighted to suit themselves is somewhat of a joke, if not a deliberate attempt to mislead the courts.

All skeleton is in now basically stating they are operating outside the area they were instructed so therefore there can be no contract.

I would welcome any tips as to represent myself best in court as im not legally trained in any way and am up against the same company many others have face Gladstones...

Many thanks

Lamilad

would welcome any tips as to represent myself best in court

JimmyChan started this thread because he needed help and advice on his parking issue.

He didn't just jump in on someone else's.

Be like JimmyChan

SWEETPEAS

Posted in wrong place in error
@
Lamilad

Reposted