ParkingEye Beaten - Compensation?

Singer_Of_Songs

Hello all,

So after months of back and forth emails, the involvement of debt collectors, being outside the supposed '28 day period' for appeal and various other elements, I successfully got ParkingEye to cancel all charges (with the initial templates and knowledge from here so many thanks!)

However, I'm now unsure as to how to proceed with the following and would very much appreciate someone's advice:

1) The £250 for Breaches of DPA that are mentioned in the template letter - how do I go about requesting this now that they have had to admit, after months of harassment and distress, that they have no reasonable cause? Can this also be levied against the debt collection company who were also warned of this?

2) I have read somewhere on here that there may be grounds to pursue them for my time (which between them and the debt company are numerous hours/emails and letters over a 6 month period) - how do I go about this and is it restricted to an £18 p/hr rate I saw mentioned or, in theory, could I invoice them for my standard consultancy rates?

Any help would be much appreciated.

Umkomaas

1. If you're prepared to put your back into this, the following will hopefully assist you. It's not for the faint-hearted, or for a half-hearted attempt. Lose and you would be paying their costs. You need to be fully in charge of your brief and all your ducks in a row. While there have been a couple of private parking cases, there's not a lot for you to go on.

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/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

2. In relation to your time - in court cases where the motorist has won against a PPC, then claimed costs for time spent in dealing with the charge, the judge has either dismissed it or awarded a nominal couple of hours at £19ph litigant in person rate. In terms of your consultancy rate - good luck with that one!

If you're going for either, then it's a LBA to PE first, then a MCOL if they refuse to pay. Expect a very robust challenge from PE - they would be sure not to want to have any precedent set against them.

Keep us informed if you progress this.

DoaM

Umkomaas wrote: »

If you're going for either, then it's a LBA to PE first, then a MCOL if they refuse to pay. Expect a very robust challenge from PE - they would be sure not to want to have any precedent set against them.

There are no precedents set in small claims. But of course you know that, and meant to say "they would be sure not to want to have lost such a case, whereby others could reference it and thus could be persuasive".

Redx

also get proof that they accessed the DVLA database too , because a DPA breach seems to be the best approach, but only if they did actually use the KADOE link and get those details in the first place

pointless in going ahead with a DPA breach if none occurred and assumptions are not proof

Umkomaas

DoaM wrote: »

There are no precedents set in small claims. But of course you know that, and meant to say "they would be sure not to want to have lost such a case, whereby others could reference it and thus could be persuasive".

Actually what I was meaning was they wouldn't want to lose this and open the floodgate for claims against themselves from others who they'd lost to at POPLA, had landowners cancel or ones they had conceded themselves.

It wasn't meant as a 'legal precedent'. Should have made that clearer.

Guys_Dad

Without much more information about why and at what stage PE cancelled, we really can't help. And exactly what they wrote when they admitted that they had "no reasonable cause" could be crucial too.

You have no need to worry about repercussions by posting details as your ticket has been cancelled, unlike others who need to be careful as their cases are ongoing.

Singer_Of_Songs

Thanks (and apologies on the slow update everyone - busy busy!)

Would finding out if they obtained the info in that manner be a call/contact to the DVLA?
Thanks

Singer_Of_Songs

Once it has been completed, no problem - but I am aware that the Parking companies likely monitor these forums.

pappa_golf

parking eye - dept collectors ??? location of incident please?