County Court Claim AM Parking Services Ltd

Timothea

JimmyChan wrote: »

I have already done this, hence why I know it was Debt Recovery Plus using a manually entered V888/2 form.

I assumed that. I was merely suggesting that you collect evidence about any other incidents where AMPS or DRP have obtained your personal information without reasonable cause. You could then threaten them with multiple DPA breach claims.

Of course, you might have already done this too, in which case, well done!

pappa_golf

JimmyChan wrote: »

I have already done this, hence why I know it was Debt Recovery Plus using a manually entered V888/2 form.

and the reason for wanting your info was?

also , company name used
company number ?

JimmyChan

Timothea – sorry if I came across sharp, was on my phone at work so was trying to be brief. Currently I am just focusing on this specific claim as I only have a week and a half to file. I am making the assumption that after receiving their witness statement and having gone to court I will be able to file a more comprehensive claim of my own. So I only really want to counter claim on something that is a slam dunk as I assume that once if it has been dismissed I cannot file another claim for the same event after more evidence (and research) has come to light?

pappa_golf - The DVLA letter confirmed in the letter it was from “Debt Recovery Plus Ltd acting on behalf of A M Parking Services Ltd” company number 6774150, reason for wanting info “We require keeper details in order to collect unpaid parking charges issued by our clients to vehicles on private land or property”.
In this case the incident date and the request are within 6 months, but it seems they batch the requests (as I can only see my details) so assume that others on the list will be over the 6 month limit.

pappa_golf

umm look at the DVLA page !!!


Who is making the request Form
An individual Form V888
A company Form V8882
A company that issues parking or trespass charge notices Form V8883


DR+ are involved in "A company that issues parking or trespass charge notices"

DR+ are also PCS (Parking Collection Services is a trading style of Debt Recovery Plus Ltd.) and issue NTK ,

JimmyChan

The even stranger thing is the DVLA said my change of address went through the system on 26/11/16, they processed the request for my details from DR+ on the 11/02/16 for an event on 17/10/15 yet they provided my new address?! Aren't they supposed to send out the registered address at the date of the event?

pappa_golf

only with KODOE

(date of event) , not with v888/2 which for a debt collector is 6 yrs

they (as a company involved in parking have misused the DVLA system

Timothea

JimmyChan wrote: »

Timothea – sorry if I came across sharp, was on my phone at work so was trying to be brief. Currently I am just focusing on this specific claim as I only have a week and a half to file. I am making the assumption that after receiving their witness statement and having gone to court I will be able to file a more comprehensive claim of my own. So I only really want to counter claim on something that is a slam dunk as I assume that once if it has been dismissed I cannot file another claim for the same event after more evidence (and research) has come to light?

No offence taken. I apologise for not being clear in the first place.

If you successfully defend the DR+ claim then this will support your claim for DPA breach. If you lose then you will clearly not have a valid DPA claim, so waiting to find out the first result sounds appealing. However, there are several advantages in counter-claiming instead, including:

• DR+ cannot avoid a hearing by discontinuing its claim
• You only have to go to court once
• Both judgments will be made by the same judge
• DR+ may not offer much of a defence to the counter-claim

You are correct that you only get one shot at making or defending a claim for a particular event. You must submit at least a skeleton defence to a claim, and a full witness statement later. At the hearing, you can flesh out the skeleton defence but you cannot add any new defence points, so make sure that everything you might use is in your skeleton.

pappa_golf

sorry , missing some thing , counter claim against who? the PPC or a new counter claim against a company that worked for them?

Timothea

pappa_golf wrote: »

sorry , missing some thing , counter claim against who? the PPC or a new counter claim against a company that worked for them?

A counter-claim can only be made against the original claimant. If you want to make a claim against another party or more than one party then it would have to be a separate claim.

JimmyChan

Ok thank you all for your input. I will be counter claiming for breach of the DPA in this instance (and leave the others for another day). I have been in touch with the managing agent of the freeholder again and they still saying they never contracted with them for parking (they are currently checking with higher ups now that I have meantioned they are liable for thier agents actions, that this was still the case back in 2015).

I wish now looking back I had questioned this a bit more when it first came up, rather than appealing to the PPC & POPLA and maybe I could be claiming for tresspass on my property as well. But let's deal with the hand that I have been delt

Tonight's reading is the DPA, Vidal-Hall v Google Inc and any other supporting cases.