Me Vs WYPE (Gladstones) - Court in 3 weeks - CC DPA Breach

Loadsofchildren123

Your questions about the bundle.
This bundle is just supposed to be your evidence - so your WS, its exhibits and any other documents you want to rely on (eg the CoP, KADOE contract etc).


So the first items on your list you don't need to put in. It should be WS, WS exhibit, other documents, correspondence.


The bundle you have mentioned above is more like a bundle that would be used at the hearing itself. A composite bundle like that will be useful when you come to do your Skeleton (if you do one). But it's the C's obligation to prepare a final hearing composite bundle (if there is a direction in the allocation directions order that they have to - in mine there was but in most others this is absent).


In claxtome's case (see his thread) there is no order that C produces a bundle for the final hearing. So for ease of reference in preparing his Skeleton and taking the judge through his case he's decided to make one himself. But it's premature for you to do it now.


I think you should paginate in the middle of the bottom of each page - if you later decide to produce a bundle for the hearing you will be able to paginate that on the bottom right corner, distinguishing between the original numbering and the new numbering.

driver1992

Really appreciate the advice guys!

I've amended the WS to 1st Person. The driver hasn't been identified but ive acknowledged discussing with the driver. If things go south then for any reason then the POFA doesnt allow a charge greater than the day before the NTK to be recovered?

How about this for the breach argument?

. The claimant and their solicitors have written to me on multiple occasions, after getting our personal information from the DVLA, seeking ever-increasing sums of money without justification or explanation, and threatening me with passing our information and details onto further debt recovery companies, taking me to court, and misleading me about how a judgement may be obtained against me, which would have a serious effect on my spotless credit history and rating. My wife has been in tears on multiple occasions with each further letter, harassing us for money, with the pressure of escalating charges and threats of further charges if we don’t pay them immediately, that they have no right to collect from us. She would be terrified opening each letter that would arrive that she did not recognise, even more so after the threats of debt recovery companies were made. My son who is 12 who is an intelligent boy and understands very well for his age about court and debt collection, has been distressed each time a further letter would arrive, and after seeing myself so panicked and my wife crying, would be worried himself as to what is going on and what will happen to his father. I have found myself unable to concentrate at work, and being unable to focus on the family due to constant anxiety and panic about the threats of escalating charges in each letter, which has led to me taking time off work, and as a self-employed individual this has in turn had a negative impact on the home finances. The distress was only added to by the fact that I would have no choice but to go through the court process to defend a claim which should not have been issued in the first instance, if the claimant had acted lawfully and knew the boundaries of the land they operate and exercised due diligence before demanding money from innocent members of the public. Learning that legal costs cannot be claimed back on the small claims track and that we would have to pay out of our own pocket for extensive legal advice, which I cannot afford, or spend countless hours researching the relevant law and writing defences at the expense of my own work time, free time and family time which is precious and to which no amount of money can compensate, only added additional amounts of pressure, stress, anxiety and worry to me, someone who has no legal experience whatsoever. However, despite this, as someone who earns an honest living by working hard, I refused to give into this harassment and bullying as it was something which they knowingly had no right to pursue from the offset and they had no right to any of my money.

The_Deep

Hang on, this is absurd. if they invoiced you for parking on a public highway they were in the wrong and will surely lose. Why such an emotional reaction? How on earth would you be able to cope with something really serious? I would delete the whole lot and just let justice take its course.

Even if the worst happened and you lost, you would only be out of pocket by a few pounds more than the cost of a family day out at Alton Towers.
.

Umkomaas

I agree with TD. Forget all the emotion, sorry, but no one involved will be remotely interested. Scrap all of it and learn from the NEWBIES FAQ sticky, post #2, what a real WS should look like.

When you do finally draft a rational WS, don’t put it up here as a complete wall of text, as above (try hitting the ‘Return’ key on your keypad to create readable paragraphs), and even more importantly, don’t give that to a judge to have to plough through.

Loadsofchildren123

Yes, but in DPA claims you have to show distress. OP I think it's a bit long and overegged - but you are along the right lines IF you want DPA damages. Most of all it has to be true.
The point is that you have to show that the consent debt collector letters in threatening tones, with ever-increasing amounts claimed and false assertions about CCJs etc, caused you distress.

driver1992

It may have been over egged but it's done and sent now. Just received the claimants witness statement courtesy of Gladstones, very well written ... but they kindly also provided a nice google maps picture with an outline Of the land they manage and pictures of the vehicle clearly parked outside this on the public road at the time of alleged offence. 3 images of the vehicle actually so it's inarguable that it was parked Elsewhere

The_Deep

But you knew that surely, so why did you get so stressed?

Loadsofchildren123

He's getting stressed because:
1. his details have been obtained
2. he's being told he is liable for a parking "offence" which never took place
3. he's being chased repeatedly by debt collectors in threatening and alarming terms, for increasing amounts
4. he's being told that he will lose, that he will be liable for a not insignificant amount of money, and it is being wrongly implied to him that this will affect his credit rating


At the core of a DPA claim is proving stress/distress - otherwise there is no damage and no claim to damages (other than nominal).


We are encouraging DPA claims - I don't get why we are discouraging this OP.


driver, glad to see their own evidence stuffs them. Write to them to point this out:
1. an open letter simply pointing out that their own evidence dooms them to failure and asking them to withdraw their claim and make an offer to you in damages in respect of your counterclaim. Say that if they do not withdraw their claim you will seek costs pursuant to CPR 27.14(2)(g) for unreasonable conduct as the claim is entirely without merit.
2. if you want, a without prejudice letter making a specific proposal that they discontinue and you will too (drop hands) or that you will discontinue for a set sum of money (and say what that is). Or you could just wait for the response to 1 (which will never come until perhaps a day or two before the hearing).