Parking fine but not my car wrong ANPR details

numps

I'm of the view the set aside will not cost me.

Thank you all, I'll amend and send back

Quentin

Johnersh wrote: »

Ok, this is an application to set aside a CCJ. As a fee is specified for set asides on Form EX50, the fact that it is consented to does not adjust the tariff (as I had once assumed it would). It will cost £255 to send off the paperwork.

No.


The fee for an application by consent is £100

[Deleted User]

The fee for an application by consent is £100

Generally yes, for all consent orders.

But it depends how you interpret the wording 'except where a fee is otherwise specified'

A fee is specified for set asides. That was my point.

You may well be right, Quentin, but on re-read information the EX50 it's far from clear.

Quentin

Johnersh wrote: »

Generally yes, for all consent orders.

But it depends how you interpret the wording 'except where a fee is otherwise specified'

A fee is specified for set asides. That was my point.

You may well be right, Quentin, but on re-read information the EX50 it's far from clear.

Not being argumentative.

You are mistaken. The fee for a set aside by consent is £100

But if you want to get another opinion you could phone a court.

Loadsofchildren123

I think Gladstones will take responsibility for filing the application and paying the fee, but they need to formally say that.


That then just leaves your out of pocket expenses (disbursements) that you've incurred, and the time you've spent on all those phone calls/emails. I'd write back saying you'll sign it but you want para 3 amended so that you are paid your costs, and propose a figure.


Interestingly, they haven't tried to prohibit you from a later claim for damages for breach of your DPA rights. So you could even say that you intend to issue a claim and would prefer to deal with everything together and propose a figure for that too, and they can then add a clause that you will not issue any later claim in relation to any alleged breach of your DPA rights.


So I'd reply with something like this:


Dear Sirs,


Thank you for the draft order. I assume that you are intending to file the application and pay the fee?


With regard to paragraph 3, it is not reasonable that there should be no costs order. Your client has confirmed that it made an administrative error and proceedings should never have been issued against me. I am therefore entitled to my out of pocket expenses and costs in relation to the time I have spent on this matter. My out of pocket expenses are £x (consisting of ........) and I have spent x hours and x minutes dealing with the claim and corresponding with you/your client/the DVLA and the BPA. Allowing for the usual litigant in person rate of £19 per hour, I would therefore accept a payment of £x and this should be put into paragraph 3.


One more issue which we have not specifically corresponded about is your client's breaches of my rights under the Data Protection Act. I am entitled to damages in respect of those breaches. Your client would have no defence to such a claim, having admitted that my details should never have been obtained from the DVLA because it made an administrative error. I propose that we deal with this claim as part of the set aside, and that your client pays me the sum of £x (you could ask for £750 but are more likely to get the money if you ask for less), and invite you to insert a clause to this effect.


Please send me an amended consent order.


Yours faithfully etc.

numps

Thank you for this, it is very helpful, just one question do i add in for harassment and distress it has caused, as another figure or fight that later?

many many thanks!

Loadsofchildren123 wrote: »

I think Gladstones will take responsibility for filing the application and paying the fee, but they need to formally say that.


That then just leaves your out of pocket expenses (disbursements) that you've incurred, and the time you've spent on all those phone calls/emails. I'd write back saying you'll sign it but you want para 3 amended so that you are paid your costs, and propose a figure.


Interestingly, they haven't tried to prohibit you from a later claim for damages for breach of your DPA rights. So you could even say that you intend to issue a claim and would prefer to deal with everything together and propose a figure for that too, and they can then add a clause that you will not issue any later claim in relation to any alleged breach of your DPA rights.


So I'd reply with something like this:


Dear Sirs,


Thank you for the draft order. I assume that you are intending to file the application and pay the fee?


With regard to paragraph 3, it is not reasonable that there should be no costs order. Your client has confirmed that it made an administrative error and proceedings should never have been issued against me. I am therefore entitled to my out of pocket expenses and costs in relation to the time I have spent on this matter. My out of pocket expenses are £x (consisting of ........) and I have spent x hours and x minutes dealing with the claim and corresponding with you/your client/the DVLA and the BPA. Allowing for the usual litigant in person rate of £19 per hour, I would therefore accept a payment of £x and this should be put into paragraph 3.


One more issue which we have not specifically corresponded about is your client's breaches of my rights under the Data Protection Act. I am entitled to damages in respect of those breaches. Your client would have no defence to such a claim, having admitted that my details should never have been obtained from the DVLA because it made an administrative error. I propose that we deal with this claim as part of the set aside, and that your client pays me the sum of £x (you could ask for £750 but are more likely to get the money if you ask for less), and invite you to insert a clause to this effect.


Please send me an amended consent order.


Yours faithfully etc.

numps

To add insult to injury I got a bailiffs letter yesterday! Heartbreaking telling my son not to answer the door!!! ( again)

Coupon-mad

Certainly do not pay bailiffs over this, no matter how assertive they are (and yep, no foot in the door).

numps

Any ideas if i should add on about distress?

nosferatu1001

Yes, I would add:

- damages for breach of the DPA - £X
- distress and harassment INCLUDING a bailiff letter (!!!!!!!?! they should have TOLD their client to stop doing anything with this!) copy enclosed received X date dated Y date , of £Y

Pick say £250 for each.