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PCM & Gladstones want a revenge

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  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Just watch out that, if you win, the costs aren't lumped into next year's service charges.
  • Sassii
    Sassii Posts: 251 Forumite
    Seventh Anniversary Combo Breaker
    edited 20 November 2018 at 3:58PM
    Hi All

    could please some one help reviewing the below particulars of claim which we are going to fill online so max. 1080 characters. residents are going to give MA a xmas Claim Form gifts pushing MA to kick off pcm from site.


    The Claimant claims £750 for the damage and/or distress and indemnity cost if applicable in respect of breaches of the Data Protection Act 1998 (DPA) as:
    Defendant’s contractor Parking Control Management (UK) Ltd (pcm) unlawfully asked for Claimant data from DVLA for alleged parking charge for incident on xxxxxxxxxx at xxxxxxx xxxxxxx xxxxxxxxxxx, xxxxxxxx. Also pcm processed Claimant data to xxx and Gladstone’s Solicitors although Claimant served to pcm section 10 notice under the DPA.

    Defendant liability as a Management Company has agreement with pcm is clearly established.

    Defendant did not respond to Claimant’s requests to settle the issue which increasing the damage and/or distress to the Defendant for a year and half from xxxxxxxxxx to xxxxxxxxxx.

    pcm legal proceeding v Claimant, claim number xxxxxxxx, was struck out on xxxxxxxxxx hearing at Romford county court as Claimant proved to court his right under contract T&C with the Landowner, pcm had no cause of action nor prospect of success and for pcm non compliance.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 20 November 2018 at 4:54PM
    Here it is in the proper legal format. 945 characters, but by the time you insert the dates it will be close to the limit:

    Claim for damages arising from Defendant's breach of the Data Protection Act 1998. The Defendant, a property management company, contracted with a third party private parking operator (PCM UK) on [DATE]. On the following dates [DATES], their contractor unlawfully obtained the Claimant's personal data from the DVLA, unlawfully processed that data, and unlawfully shared that data with a third party (Gladstones Soloicitors). The contractor's claim against the Claimant, no. [CLAIM NO] was dismissed res judicata at Romford County Court on [DATE], where it was held that the contractor had no cause of action due to the primacy of contract of the Lease. The Claimant has made complaints to the Defendant for some 18 months regarding this issue, with no resolution. Consequent upon the breach, the Claimant has suffered loss and damage, for which the Defendant is held to be vicariously liable.. And the Claimant claims a) £750 in damages; b) Costs.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Sassii
    Sassii Posts: 251 Forumite
    Seventh Anniversary Combo Breaker
    bargepole wrote: »
    Here it is in the proper legal format. 945 characters, but by the time you insert the dates it will be close to the limit:

    Thanks v much
  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can't get better than that advice! Power to your elbow, Sassii, hope this works and PCM are kicked out.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Sassii
    Sassii Posts: 251 Forumite
    Seventh Anniversary Combo Breaker
    Hi All

    Received a reply to my LBC from MA solicitor saying '' My Client does not believe a breach of the data protection rules requiring a payment of compensation has occurred. I am advised by my client that pcm UK actions are in my client's legitimate interest to enforce parking fines at xxxx''
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Sassii wrote: »
    Hi All

    Received a reply to my LBC from MA solicitor saying '' My Client does not believe a breach of the data protection rules requiring a payment of compensation has occurred. I am advised by my client that pcm UK actions are in my client's legitimate interest to enforce parking fines at xxxx''


    I doubt "their client" knows what they are talking about and neither does the solicitor if they actually said "to enforce parking fines"!
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    On the nail fj! Well spotted.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Sassii
    Sassii Posts: 251 Forumite
    Seventh Anniversary Combo Breaker
    fisherjim wrote: »
    I doubt "their client" knows what they are talking about and neither does the solicitor if they actually said "to enforce parking fines"!

    you are right. Claim form already issued before receiving that reply as MA replied 20 days from LBC.
  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nice one, keep us updated. :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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