Court papers SIP/ Gladstone “failure to display”

Umkomaas

They were always able to obtain the registered keeper’s details under the ‘reasonable cause’ agreement with the DVLA. We don’t need to go there as there has been monumental debate, and no matter what you think - they’re in their right. If you’re going to argue it any further, please do so with your MP - we have nothing more to add here.

Once it has been made clear and with proof to the PPC that they have no case (or cause) to continue to utilise the personal details to pursue the motorist, that’s when the possibility of a DPA breach could come in. But none of this stuff should be entered into lightly without a thorough understanding of the relevant laws and how they might play out in a court.

Should a counterclaim be pursued ‘unreasonably’, it exposes the claimant to potential costs beyond the norm for a county court claim - and it’s at the discretion of the judge. Litigation is not without risk - know what you are dealing with before any red mist takes you down an unsuitable road.

KeithP

Bucko78 wrote: »

...two people in a car travelling to an (unspecified court at the time with reasonable costings)...

You've already been advised that the court will be your local court.
Why two people? There is only one defendant.

Bucko78 wrote: »

If they have contacted the dvla and obtained my details in the finding that I have indeed displayed my ticket then they could be seen to have breached my data protection.

They are entitled to get the registered keeper's details from the DVLA so that they can either ask the RK for the driver's identity or to transfer liability to the keeper.

Lamilad

I said all along that the ticket was displayed and they’ve challenged me to prove likewise.

The burden of proof is theirs. You assert that a valid ticket was purchased and displayed correctly and it is up to them to prove otherwise.

Of course, if you can back yourself up with proof then that's even better

Bucko78

Looking from the outside in; it’s different than what you see dealing with this day in day out.
I’ve never done this before so I’m in an alien environment..reading what was put in front of me, I’ve never seen anything which has suggested I’m going local..


We got a form saying Northampton... that’s where we perceived it would be..
We then got court papers.. again no mention of the court..

It was only when we filed the directions questionaire that it was identified that it would be dealt with by a local court near me.. that was after counting up fuel/parking etc

Two people because I’m the more outspoken one.. my partner is not that confident with things like this..I would be going as support to her.
If the claimant is so sure of his defence, and honourably right in this case, then then they would display confidence in taking on: all the risk of these court cost costs falling down upon them should they be wrong.

I’ve put the additional £25 in to assert myself and challenge these villains..I uphold that thought that the court will see things for what they truly are..& if I’m found to be wrong I’ll pay the bill.. but I ain’t going down that easy..

Redx

nobody on here expects that you have done it before , if you had you wouldnt need to be asking questions, especially basic ones

if you studied the MCOL and their website more closely , you would know it is a government office based in Northampton , for online claims , similar to the fact that they have one called the DVLA in Swansea , and a pension centre near gateshead

the BC in CCBC stands for Business Centre , meaning its a centralised business office and as its from Northampton, that is where it is located and staffed by civil service personnel who have no legal training

they also have one for manual paper based claims in Salford too (not a court either , especially with Manchester on its doorstep)

if you had read the BARGEPOLE timeline you would know what happens and when , plus the fact that if the initial claim is allowed by the initial judge that sees it , your local county court is then allocated , until then they would not be aware of which one that is , especially as you would not have specified it (you could have elected for papers only , or a different court for some other reason)

you seem to be letting the red mist cloud your judgment , so take a chill pill and concentrate on the here and now

unless you can prove a DPA breach with the ICO, with the help of the dvla , you cannot seriously be looking for a DPA claim

6 years to try that argument , so chill out and get your ducks in a row

KeithP

Bucko78 wrote: »

I’ve never seen anything which has suggested I’m going local...

Then you need to re-read post #5 of your thread, where Redx told you:

Redx wrote: »

the court is actually the court nearest to you , not Northampton

Umkomaas

Two people because I’m the more outspoken one.. my partner is not that confident with things like this..I would be going as support to her.

Whose case is this. If it’s your partner’s she has to deal with this.

If that is the case, in court you just can’t rock up and defend her or speak for her unless (the latter) is agreed by the judge. But you must seek permission on arrival at court.

You need to research the role of a ‘Lay Representative’. You also need to research the role of a ‘McKenzie Friend’. Both have potential roles to play, but you need to be very clear on the difference between the two, so you have a full grip on things if the judge is to query exactly what role you are proposing to perform - and they have questioned representatives in the past.

Bucko78

Yes sorry, I was aware of that..it’s her case but me driving this..

I sure when push comes to shove she’ll deal with the appearance..
I was hoping to be here to assist..
I’m dealing with the forum side of things as that’s how I think she prefers it.

I could just do with knowing what happens with the status of the counterclaim.. if it doesn’t stand due to a misunderstanding do or can I ask to be refunded?
What bearing will it have on the case if anything..?

Lamilad

I’ve put the additional £25 in to assert myself and challenge these villains

What does this mean? have you already issued a counter-claim? If so, on what basis?

I could just do with knowing what happens with the status of the counterclaim.. if it doesn’t stand due to a misunderstanding do or can I ask to be refunded?

Are you joking? Of course you won't get a refund. This is not a game it is Her Majesty's Court Service - you do not just issue a claim then say 'sorry, mate, only joking, can I have my money back'!

Redx

have you ever watched Judge Rinder ?

the legal processes are the same and if you ignore the theatrics etc , you would know that your case is dealt with in a similar fashion (with less people and possibly in a small room)

when a counter claim is made on that tv programme , I would say that about 95% of them fail, so his words are "Counter Claim dismissed"

you paid for a ruling , so the judge will hear whatever case you made (which you have not told us) and make a judgment on it , which is either (Counter) Claim upheld or (Counter) Claim dismissed. this hearing and judgment are what you have paid for, with no refunds

your costs in defending this case are argued with the actual claim itself , and as mentioned above , people like myself and coupon-mad and others have told you this weeks ago, plus we told you to read the BARGEPOLE link too. the costs schedule has been produced by people like LOC123 and mentioned in many threads, plus its linked in the NEWBIES sticky thread too

you even apologised at making us give you "double bubble" on page one

so most of this was explained weeks ago, and the bargepole link etc is many months old too (october 2016) and says this

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that.