What Can I claim?

Mayur82

I was given a PCN for not displaying a permit in my own allocated space which came with the flat I purchased. I initially ignored the PCN and then followed the advice on these forums after gladstone's solicitors started to handle things.

I wrote and submitted my defence with my main point to argue being that the conditions in my lease make no mention of having to display a permit. So how can a parking management company come in and start making new rules. Anyway they submitted their witness statement on the very last due date and I now have my small claims court hearing this coming Tuesday the 12th Dec.

What is interesting is that upon careful inspection of their witness statement they have included a map of the whole parking area and highlighted in red which spaces they cover. From that map it clearly shows that the space I was caught in for to displaying a valid permit is was not covered by them at the time.

I feel confident that information in their own witness statement will not allow them to prosecute me.

My question is if they court decide in my favour what exactly can I ask for in terms of compensation. I am looking fo them to pay me a sum of money based on the following:

1. Time I have spent to research and write my defence which did actually take a lot of my time up since I don't have any legal background
2. Distress or stress that the situation has placed on me
3. Obtaining my information from DVLA without any authority
4. time of work to attend the court hearing

and anything else I may be entitled to.

Any help to what I can ask for and amount for compensation would be greatly appreciated.

bergkamp

Mayur82 wrote: »

I was given a PCN for not displaying a permit in my own allocated space which came with the flat I purchased. I initially ignored the PCN and then followed the advice on these forums after gladstone's solicitors started to handle things.

I wrote and submitted my defence with my main point to argue being that the conditions in my lease make no mention of having to display a permit. So how can a parking management company come in and start making new rules. Anyway they submitted their witness statement on the very last due date and I now have my small claims court hearing this coming Tuesday the 12th Dec.

What is interesting is that upon careful inspection of their witness statement they have included a map of the whole parking area and highlighted in red which spaces they cover. From that map it clearly shows that the space I was caught in for to displaying a valid permit is was not covered by them at the time.

I feel confident that information in their own witness statement will not allow them to prosecute me.

My question is if they court decide in my favour what exactly can I ask for in terms of compensation. I am looking fo them to pay me a sum of money based on the following:

1. Time I have spent to research and write my defence which did actually take a lot of my time up since I don't have any legal background
2. Distress or stress that the situation has placed on me
3. Obtaining my information from DVLA without any authority
4. time of work to attend the court hearing

and anything else I may be entitled to.

Any help to what I can ask for and amount for compensation would be greatly appreciated.

Please copy and paste this post to your original thread and let this one die...

https://forums.moneysavingexpert.com/discussion/5648405

No need for a new thread.

Loadsofchildren123

Mayur82 wrote: »

My question is if they court decide in my favour what exactly can I ask for in terms of compensation. I am looking fo them to pay me a sum of money based on the following:

1. Time I have spent to research and write my defence which did actually take a lot of my time up since I don't have any legal background You need to prepare a costs schedule NOW and serve it on the Claimant and file it at court. Look at Sassii's thread for a precedent (and there's probably one on the newbies thread, or a link to one). You are entitled to claim your time at £19 per hour, but only if you successfully argue that they've behaved unreasonably (rule 27.14(2)(g)). If you lose that point, you are entitled to up to £95 for loss of wages (take proof) and travel to court/parking.
2. Distress or stress that the situation has placed on me not entitled, unfortunately, unless you've counterclaimed for harassment or breach of data protection rights.
3. Obtaining my information from DVLA without any authority you can only make a claim for damages if you've made a counterclaim for breach of your rights under the Data Protection Act. If you didn't counterclaim, you can issue a claim at any stage within the limitation period (not sure if that's 3 or 6 years). You have to show breach caused you distress. The alternative is a claim for damages for harassment under the Protection from Harassment Act (the harassment being the chaser letters from debt collectors, and the baseless proceedings). Again, if you didn't include the counterclaim you cant' shove it in now, you have to make a separate claim.
4. time of work to attend the court hearing limited to £95, but you must take proof of earnings.

and anything else I may be entitled to.

Any help to what I can ask for and amount for compensation would be greatly appreciated.

write to them NOW with the costs schedule, and invite them to withdraw unconditionally given that their own evidence shows they have no case. If they don't, you will issue a claim for damages for breach of data protection act and protection from harassment act.


Alternatively, if you genuinely want to pursue them for damages, invite them to withdraw and stay silent on these claims, and then you can make them later if you want.


You must send them a costs schedule this morning. It's supposed to be served 24 hours prior to the hearing.


Posting this here because you havent' moved these posts to your other thread

Mayur82

Thank you for your advice.

Its too late to send a cost schedule as my court hearing is now less than 24 hours away.

You say I can claim £19 per hour of my time but only If I can prove they have behaved unreasonably. Well the fact they have been harassing me with letters for payments over a PCN that they had no authority to issue would be enough??

This rule (rule 27.14(2)(g)) which document can I find details of it?

I want to continue to pursue them for damages so based on your advice I will attend the court hearing tomorrow and then file a counterclaim afterwards.

Regarding the claim for damages for breach of data protection act and protection from harassment act what amount of compensation might I be entitled to?

Can I claim for breach of data protection and and damages from harassment together or is it only one or the other.

The parking property management company and gladstone's solicitors are bottom feeders so I'm looking to get everything that I may be entitled too.

Thanks again for all your advice.

The_Deep

Some reading

https://www.google.co.uk/search?sourceid=navclient&aq=&oq=CPR27.14%282%29%28&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=cpr27.14%282%29%28g%29&gs_l=hp..0.0.0.0.0.25526...........0.lt9-6nuhmRk&gws_rd=ssl

http://www.parkingcowboys.co.uk/data-protection-act/

https://forums.moneysavingexpert.com/discussion/5585388

Coupon-mad

https://www.justice.gov.uk/courts/procedure-rules/civil/rules

And you do need to email a costs schedule tonight to the other side, and take it with you, to claim your costs for attending, such as loss of leave/salary, travel, parking and you can try for LIP rate for several hours at £19 per hour at this stage.

It's not too late, just email it to the other side tonight and print out proof of sending (example in the NEWBIES thread).

Mayur82

So I contacted the small claims court in Swindon and they have provided an email address I can send my cost schedule to and they will print it off tomorrow morning.

When you say send to the other side do you mean the courts or gladstones?

I don't have an email address to glad stones but I have a postal address. Is there any point to post them my cost schedule considering my hearing is 10am tomorrow morning?

Can I also claim for damages due to harassment and breach of data protection or do I address these two items with a claim of my own?

KeithP

Take an extra copy of your cost schedule with you tomorrow to give to the GS rep. - even if you find an email address this evening.

claxtome

I send emails to Gladstones using both the following email addresses:

administration@gladstonessolicitors.co.uk
litigation@gladstonessolicitors.co.uk

Suggest you copy your own email address so you have proof.

Good luck

Redx

the harassment and DPA breach etc are separate cases , so these are a possibility over the next 6 years if you bring a claim of your own

this assumes that you did not file a counterclaim and pay the counter claim fee

you need to read the info posted by LOC123 carefully, plus go through her posts over the last few months as she has dealt with these matters on more than one occasion

Coupon-mad

Mayur82 wrote: »

So I contacted the small claims court in Swindon and they have provided an email address I can send my cost schedule to and they will print it off tomorrow morning.

When you say send to the other side do you mean the courts or gladstones?

Gladstones of course - NOW, TONIGHT. The Court is not 'the other side' in this dispute.

I don't have an email address to glad stones

You do, and could have Googled it. Luckily claxtome posted for you.

Can I also claim for damages due to harassment and breach of data protection or do I address these two items with a claim of my own?

That's part of a separate claim for you to make, later.