Court proceedings for auto repair visit

foofcat

Hello everyone,

I'm planning to trim it down as described in post 189 tomorrow night and submit the night after. If anyone has feedback / suggestions let me know!

Many thanks

PS - I've also had a very quick (first class, signed for) letter from PCM responding to my SAR from Saturday. It makes reference to them accessing my data via DVLA in March of this year for a different vehicle. This is baffling because I don't have any others! I've asked for more information... Half of the letter also quoted GDPR. I will post here when I'm able as it may be of general interest. From memory, they've cited legitimate interest and contractual obligation.

Coupon-mad

It makes reference to them accessing my data via DVLA in March of this year for a different vehicle. This is baffling because I don't have any others!

Sounds like they've muddled you up with another victim of the same name, so it would screw them up DPA-wise, if they now send you more details of that stranger!

foofcat

I did wonder about that! :

The only other thing I can think of is a family member got a parking invoice around March time for an entirely different vehicle which is not registered in my name in the least (never has been as far as I'm aware)... I'm very curious to know what they are referring to and fwiw, i'm planning to follow the advice in this thread in due course. First this court claim needs to be seen off!

Coupon-mad

The only other thing I can think of is a family member got a parking invoice around March time for an entirely different vehicle which is not registered in my name in the least (never has been as far as I'm aware)

Oooer, press them for details without tipping them off. VERY dodgy of PCM, if they start telling you about a family member's PCN, even if you share the same address.

Press for more details, e.g. ask for all photos from the March incident...do not say why or that you don't know anything about it.

foofcat

Did just that yesterday (but should have asked for photos!). I'm a bit annoyed if they have associated my name with anything relating to family - it seems really unfair and dodgy.

This is what their letter said (extract):

"I note from your correspondence that you only wish for information in
relation to VRM XXXXX. I have found one other case relating to
yourself, for a different vehicle. A DVLA request was made for this
vehicle in March 2018. Should you require further information
regarding this case, please advise us of this in writing."

I've said (extract):

"I would indeed like further information. In the interests of doing so
in a single correspondence [they had a line asking for no repeat or scattered correspondence] I would like to know the following:

1. Who made this request?
2. On what date exactly?
3. What was the reason for this request?
4. What is the Make, Model, and VRN of the vehicle in question?
5. What information do you hold on me as a result of this March 2018 request to the DVLA? "

And haven't said anything about my suspicions. I hope they don't have an ace up their sleeve but I can't imagine what they're referring to!

The funny thing is the original SAR just asked when they accessed my data and they sent me their entire case file by 1st class / signed for post. They also said they emailed me a copy but they didn't. Weird.

foofcat

Hello

Here is the latest version of my Witness Statement and exhibits. I've reduced the statement itself from 17 pages to 15 pages.

The remainder of the document is exhibits and the over all page count for everything is now 58 instead of 62. I decided to leave the judgments I'm relying on in the exhibits because (a) they're relatively short as far as judgments go (b) at least the court will be able to see them in context should this be needed and it may lend credibility to my statement to show that unlike the PPC I haven't quoted selectively; (c) the most relevant parts are built into the statement itself and have added red arrows in the exhibits to point out the relevant paras for ease of reading.

In terms of removing anything unnecessary, I'm considering removing the DVLA SAR and Exhibit C (a reworking of LOC123's PoFA rebuttal but not nearly as good as hers I think).

Plan is to email all of this as a PDF to the court and the Solicitors on the evening of Sunday 3 June (tomorrow). It's due on Tuesday and Monday to Wednesday are going to be exceptionally busy on the work front.

Thanks everyone

Umkomaas

The court will often refuse to print huge numbers of pages. You may have to deliver a copy printed by you. Check with them after you've emailed it.

foofcat

I've had a look at this; https://www.justice.gov.uk/courts/email-guidance

...and I fear you're right. Although it's under the limit for PDF size (at 7MB, the maximum being 10MB), in order for the court to print enough copies for themselves and the other side, my doc would have to be 13 pages double sided (or 25 in a Word doc)... I don't think I'm going to be able to do that honestly.

I may have to email it on Sunday and then try to deliver it to the court as best as I can on Tuesday morning.... it's at terrible week to try and do this but I'll do my best!! I'll do as you say first and call them to check on Monday.

Question is, will I also have to hand deliver to the solicitors, or will emailing them be sufficient? Not sure if the court will take a dim view of me only emailing the other side rather than posting to them.

Umkomaas

If all your correspondence with the solicitors has been via email (they might even have agreed to service via email), then that's the way to send it. The court won't be taking any 'view' on it, only that they have been served with your WS.

foofcat

Yep it's been by email and they never actually sent me hard copies of their WS so will just email them mine then.

Mind you, they've never replied to emails I've sent them including my DHO but I don't think that matters.

Thank you!