PCM & Gladstones want a revenge

Sassii

Umkomaas wrote: »

Did DCBL take this on, and did they act for you. What happened?

No. cheque received one week after ordered dcbl then I phoned dcbl to let them know and they told me they didn't take any action yet so they refunded their fees to me.

Coupon-mad

Sassii wrote: »

Hi all

Finally received cheque for £1705 from Gladstones

below are links to the case documents for reference and to help others

Statement of defence
https://www.keepandshare.com/doc16/21754/statement-of-defence-docx-49k?da=y

Witness Statment
https://www.keepandshare.com/doc16/21756/witness-statment-docx-39k?da=y

Strick out and costs application
https://www.keepandshare.com/doc16/21755/strick-out-cost-request-letter-docx-28k?da=y

pcm Witness Statment
https://www.keepandshare.com/doc16/21757/pcm-witness-statment1-pdf-221k?da=y

Skeleton Argument
https://www.keepandshare.com/doc16/21753/skeleton-argument-docx-27k?da=y

pcm Supplemental Witness Statement
https://www.keepandshare.com/doc16/21752/pcm-supplemental-witness-statment-docx-2-9-meg?da=y

Gladstones payment cover letter
https://www.keepandshare.com/doc16/21758/gladstones-payment-cover-letter-pdf-252k?da=y

Yay to you sassii! :T

So can I clarify, is this in addition to the other four-figure costs sum that you were awarded (Romford court?). Even if this is the same costs order as we saw on another thread, well done!!

Please can you tell us which court this one was at, and the court, and both claim numbers please so we can quote these orders and use your case for others to cite?

I will certainly add these links to the NEWBIES thread to encourage people to 'aim high' with their costs schedule, where the PPC can be shown to be wholly unreasonable.

Sassii

Coupon-mad wrote: »

Yay to you sassii! :T

So can I clarify, is this in addition to the other four-figure costs sum that you were awarded (Romford court?). Even if this is the same costs order as we saw on another thread, well done!!

Yes that is new case. they still chasing court for permission to appeal for the previous case £1500 costs.

Coupon-mad wrote: »

Please can you tell us which court this one was at, and the court, and both claim numbers please so we can quote these orders and use your case for others to cite?[/B]

Will PM that to you

Loadsofchildren123

Umkomaas wrote: »

Well done sassii. :T

Just reading the order it states:

Claim struck out and upon an application that that Claimant pays .........

Do you now have to 'apply' for that payment? (Or maybe it's a bit of legal terminology I don't understand).

It means that Sassii applied for costs - just recording the fact that the costs order was made pursuant to Sassii asking (ie applying) for them, as opposed to the court ordering costs of its own volition under its case management powers or under any other CPR rule.

Sassii

Coupon-mad wrote: »

Please can you tell us which court this one was at, and the court, and both claim numbers please so we can quote these orders and use your case for others to cite?[/B]

Can't send PM to you, it saying you don't accept PM. Is there any other way to send that to you?

System

Try posting it here. It won't do any damage.

Coupon-mad

Yes post it here, it is safe as the case is over.

Sassii

Coupon-mad wrote: »

Yes post it here, it is safe as the case is over.

Hi below is the court costs orders and struck out cases I'm going to delete that links Sunday evening as pcm still want to sue me for other 2 cases and for other residents cases as well.

£1705 costs order


£448 costs order

Struck out order as pcm didn't serve WS to Defendant


Regards

Sassii

Hi All

I'm going to next step to sue Management company (MC). MC now said pcm will be removed from site since last July and the survey results shows residents don't need pcm but MC wasting time and keeping pcm on site.

Could please someone review the below Letter Before Claim some residents are going to send to MC to push them to get rid off pcm.

The Company Secretary
[Name of Management Company]
[Address]
[Postcode] [DATE]


LETTER BEFORE COUNTY COURT CLAIM

Dear Sir or Madam,


This letter is sent in accordance with the Practice Directions on Pre-Action Conduct. You are liable for £750 compensatory payments in respect of breaches of the Data Protection Act 1998 (DPA), as set out in the following paragraphs.

Facts of the Case
1. This matter arises from the issue of a Parking Charge Notice (PCN) by your contractor Parking Control Management (UK) Ltd at [xxxx], on [DATE] as at all material times Parking Control Management (UK) Ltd were acting with the authority of, and under instructions from your company, [Name of Managemeny Company], so that the agent / principal relationship giving rise to joint and several liability is clearly established.

2. Subsequent to the incident, I received a Notice to Keeper from Parking Control Management (UK) Ltd, who had obtained my registered keeper details from the DVLA. Following my refusal to pay a charge of £100 for [INSERT REASON FOR CHARGE], and after protracted appeals processes with Parking Control Management (UK) Ltd a Court Claim Form was issued by Parking Control Management (UK) Ltd on [DATE}, Claim Number [XXXXXXXX}.

3. Your contractor Parking Control Management (UK) Ltd had been served with section 10 notice of DPA.

4. Your site manager xxxx knew all details and had all correspondences about that PCN and been informed about the bad and unreasonable behaves of your contractor Parking Control Management (UK) Ltd and how they breached the agreement between them and your company. Also I asked her to communicate with your contractor to discontinue the court case and cancel that PCN but she was reluctant to help for that.

5. Residents of xxxx signed a petition and sent formal complain, about your contractor Parking Control Management (UK) Ltd, to your company dated xxxx but up to now no reply received from you company.

6. Also your company legal team were reluctant to expose the agreement between Parking Control Management (UK) Ltd and your company.

7. The hearing of the Claim was listed for xxxx County Court on xxxx, and at the Trial, the Claim was struck out because I had the right to use the land of xxxx under my land registry contract with the landowner and also for non compliance of your Parking Control Management (UK) Ltd with the Law, pre action protocol, CPR and PD.

8.

4. As evidenced by the above, there was clearly no reasonable cause for Parking Control Management (UK) Ltd to request my keeper data from the DVLA, or to process the data for any lawful purpose..

Legal Issues Arising

5. It follows that, not only were Parking Control Management (UK) Ltd in breach of their Keeper At Date Of Event (KADOE) contract with the DVLA by obtaining and processing my personal data when they clearly had no reasonable cause to do so, but they were also in breach of the Second Principle of Schedule 1 of the DPA, which states “Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.”

6. Pursuant to s13 of the DPA, “Compensation for failure to comply with certain requirements”, the Act states at 13(1) that “An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage”.


7. I rely on two significant authorities in support of my claim, which are Vidal-Hall v Google Inc [2015] EWCA 311, and Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333. In Vidal-Hall, it was held by the Court of Appeal that compensation was payable upon the fact of breach, and that it was not necessary to quantify a direct pecuniary loss. In Halliday, the Court of Appeal held that a compensatory sum of up to £750 was deemed ‘appropriate and sufficient’

8. Both of the above cases arose as a result of material breaches of the DPA by the respective defendants, and can be considered to provide binding precedents for my own situation. A similar ruling was made by a District Judge at Liverpool County Court on 7 December 2016, in case no. C9DP2D6C, VCS v Mr. M.

Actions Required by Defendants

I now require you to remit the sum of £750 payable to me at the below address, within 14 days of your receipt of this letter, deemed to be two working days after the date of posting. Failure to pay the sum due, or to otherwise furnish a substantive response, will result in the issue of a Money Claim through the County Court Business Centre at Northampton without further reference to yourselves.

In the event that a Claim is issued, you may incur additional costs in the form of court filing fees, hearing fees, and such other costs as are recoverable on the small claims track of the County Court. A judgment against you may also result in a downgrading of your Company’s credit rating, and further costs for enforcement action, which may include seizure and disposal of your corporate assets by Court appointed bailiffs.

Yours faithfully,


[Your Name and Address]
cc: Company Secretary, [Name of Management company]

Umkomaas

The case that keeps giving. Loving it.

Well done Sassii - a great fightback. Taking it to the instigator of the PPC contract could jerk a few MAs to wake up to the potential consequences of dancing with the devil.