Part 18 Gladstones/Millennium Swansea

Coupon-mad

LucyBea wrote: »

Wow LoadsofChildren I cannot believe how much work you put into that.
Thank you so very much! :A:beer:
Millennium made a huge mistake when they crossed you!

You were 100% right - what a fightback! Millennium Gladstoned again!

:T

beamerguy

LucyBea wrote: »

Hooray - I received a Notice of Discontinuance from Gladstones!

I did check with the court, it's true!
:j
Thank you amazing people for all the help!

As mentioned previously in this thread, I did indeed write directly to Millennium pointing out no keeper liability as in the similar case on parking prankster, and that I would be claiming costs for their unreasonable behaviour if the case was dismissed because of this.

I *had* received a legitimate directions questionnaire, which I had not yet responded to when I received the discontinuance notice.

I notice that Loadsofchildren suggested to SimonSam1964 to claim for costs and I'm thinking of doing this. Only... is there any risk involved here? I'm so relieved just not to have to worry about this anymore, mightn't they pay to go after me again if I push any buttons?

How long will I have to send a costs schedule to the court? My DQ was to be due 27 July.

Thank you so much!
:beer:

Well done you :beer:

Gladstones clearly knew their case was rubbish as usual and
did not want to be rubbished in court again

If Millennium want to use cheapo services then they can expect
this in future as the courts are sick of Gladstones

Umkomaas

If Millennium accessed your details from the DVLA, then consider this:

If you now want to turn the tables you could sue them for misuse of your data under the DPA. It's not for the faint-hearted or for those who think it's an easy run, assuming the forums will do most of the work - they won't. If you're prepared to put your back into this, the following will hopefully assist you.

DATA PROTECTION ACT GUIDANCE

First and foremost, please read thoroughly this extensive guidance put together by MSE poster Timothea. This will give you the background and conditions for you to consider and determine whether you might have a case to pursue.

https://forums.moneysavingexpert.com/discussion/5585388

Other Sources

http://www.parkingcowboys.co.uk/data-protection-act

Some apposite blogs from the Parking Prankster:

http://parking-prankster.blogspot.co.uk/2017/07/parking-awareness-services-to-pay-400.html#comment-form

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

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

Latter part of this blog:

http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

On PePiPoo, regular contributor 'Lynnzer' seems to be taking a lead in pushing for the pursuit of DPA breaches by PPCs. He has written a number of well constructed Letters Before Claim requiring the PPC to pay the motorist between £250 and £750 as compensation for the stress they have been put under by the PPC, or risk the matter resulting in a formal claim at the Small Claims Court. .

http://www.thebridesmother.co.uk/Media/Templates.pdf

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

LETTER BEFORE COUNTY COURT CLAIM

Drafted by Bargepole 05/02/2017

http://forums.moneysavingexpert.com/showpost.php?p=72049019&postcount=18

LucyBea

Indeed Loadsofchildren you are amazing!
:A
If I get any costs you should get a cut!

Loadsofchildren123

Fantastic!
I can't see them making a new identical claim as revenge for you seeking costs. To do so would be an abuse of process and you'd apply straight away for it to be struck out.

Write in and apply for costs and ask the court to deal with it on paper. You have to point out all the unreasonable behaviour starting pre-claim. And schedule all the time and expenses you spent. I'll look up the rule that says the court can deal with it on paper. Send a copy to Gladstones and say you have done this. If you look on my millennium thread there is a costs application. Way too long but it will give you some pointers and you SHOULD cite the case law.

Have a go. You have nothing to lose. Post a draft for comments.

Loadsofchildren123

Millennium has not had a good run recently! Lost another last Friday and two quite large claims the week before (one was on its 2nd and the other on its 3rd hearing) - so the cost to Millennium was not insubstantial (then again they keep their advocacy in-house).

Loadsofchildren123

Sorry, didn't answer your question about time limits. I'm not aware of a time limit to seek costs. But I'd do it within 28 days latest.

LucyBea

Wow thank you Umkomaas.
I will take a look ... but I have a feeling I'm not going to pursue that angle.

Loadsofchildren - fab, thank you. I have the comments you made on SimonSam1964's thread, where you said:
The power to treat this letter as an application is contained in CPR Rule 23.3(2)(b) which provides specifically that the court may dispense with the requirement for an application notice.

How long do you think I have to write this letter?

beamerguy

I agree with Umkomaas

They had their fun , they lost, they gave you grief, nothing more
they can do to you so it's your turn.
The Deep on here posted this which he is doing ....

With thanks to The Deep
"I note that you have withdrawn from the appeal process. This leads me to conclude that the charge was wrongly issued and that, by passing my details to debt collecting agencies, you breached my rights to privacy under the Data Protection Act..

I am prepared to overlook this for the sum of £250 and an apology. I will not agree to a confidentiality clause.

If you are not amenable to this, please let me know and I will pursue the matter through the Courts, where I shall be claiming a minimum of £500.

Your are well aware that there is no keeper liability on railway land, yet you persist in pursuing these cases, no doubt in the hope that people will pay. I am not that easily gulled and would refer you to yesterday's case at Barnsley (D2QZ229J) where Parking Awareness Services had to pay £400 for a similar offence.

Umkomaas

Wow thank you Umkomaas.
I will take a look ... but I have a feeling I'm not going to pursue that angle.

Don't dismiss this out of hand. There's lots going on on this front - albeit in the early stages of proceedings - keep abreast of developments on this forum, PePiPoo and The Parking Prankster regularly. And don't forget, you have 6 years in which to lodge a claim.

Whatever, be sure to issue your claim before Millennium goes out of business, which, judging by the recent raft of county court judgments against them, might be sooner rather than later.