What Can I claim?

Loadsofchildren123

You make those claims together.
The damages depend. There is case law which supports £750 for breach of data protection. But you must prove distress. The amount you claim affects the fee you pay to issue. Personally I'd claim either £500 for each, or £500 combined (have a look at EX50 to see what fee you'd have to pay).


Costs:
A costs schedule must be provided 24 hours before under the normal costs rules. However, rule 27 (small claims rule) has special costs rules, so arguably the obligation to provide a costs schedule 24 hours before doesnt' apply, the court still has the power to make a "summary" award (ie an order for a specified sum). We advise providing the schedule 24 hours in advance to avoid any potential argument about it being late.


Google rule 27 and look at 27.14. Many people have argued that pursuing a baseless claim is unreasonable, but many judges have rejected that and said it needs to be more. You can point to their incoherent/brief PoC and their lack of compliance with pre-action procedures (they are supposed, in the pre-claim phase, to explain in full the claim and how it will be proved, and to produce their core documentation - paras 3, 6(a) and 6(c) of the Practice Direction - Pre-Action Conduct - if they fail to do this then the court has the power to impose sanctions, set out in paras 13-16 of the Practice Direction). And then point out that they only really explained their claim and produced any detail of it in the WS, at which stage it became glaringly obvious there was no claim. Had they complied with the PD at the start, this information would have come to light. There is the unreasonable part. But be ready for the court to say it isn't enough. But you will still get loss of earnings and travel/parking.

DoaM

And good luck for today.

Loadsofchildren123

OP, there are now two concurrent threads, you should ask for them to be merged.

Mayur82

So I went to court a couple of weeks ago feeling confident that the court hearing would go in my favour. The main piece of evidence I relied on was some information that was included in the witness statement of the claimant. This information was a map of the car park clearly showing that the bay I was caught in without a valid permit was not covered by them at the time. The judge decided that at the time of parking I did not know this information which is supposedly an internal document for the parking property company and there was still signage in the area where i parked so it was clear to me at the time that I needed to display a permit. In the end I have been ordered to pay £200 which was reduced from the initial £260. Thanks to everyone on the forum that helped me with advice but unfortunately didn't get the outcome I was hoping for.

nosferatu1001

Wow, that’s an appalling decision. You’re bound by a contract when they had no standing? What did they say when you pointed that out?

Coupon-mad

Mayur82 wrote: »

So I went to court a couple of weeks ago feeling confident that the court hearing would go in my favour.

The main piece of evidence I relied on was some information that was included in the witness statement of the claimant. This information was a map of the car park clearly showing that the bay I was caught in without a valid permit was not covered by them at the time.

The judge decided that at the time of parking I did not know this information which is supposedly an internal document for the parking property company and there was still signage in the area where i parked so it was clear to me at the time that I needed to display a permit.

In the end I have been ordered to pay £200 which was reduced from the initial £260. Thanks to everyone on the forum that helped me with advice but unfortunately didn't get the outcome I was hoping for.

That's a huge shame to read about, and hard to understand. Which court, which Judge?

We never did see your defence, photos, evidence, or your witness statement and there was a big gap of over six months between your first (short) thread and this one. In your case there was not even any discussion about challenging the Rights of Audience of the hired legal 'rep', and we weren't given a chance to comment on your defence or WS at all, so you did somewhat go it alone, which is riskier.

Maybe your defence focussed on one point to the detriment of others(?) which isn't recommended. I don't know because we didn't see the defence and I do wish we had had the chance.

People here who stick around, get forum help with their defence and evidence and WS, and get help from start to finish, normally win 99% of the time. Very sad to see a non-forum-assisted case where a victim lost. We know it happens, but it is hard to know why without having ever seeing any of your case, especially the lease, signs, the other side's WS, etc.

Wish we could have helped you after May, had you come back to get advice and chew it all over.

Mayur82

The court hearing was at the county court in Swindon before district Judge Hatvany.

I didn't post much on the forum as I followed the newbies thread and read many forum post to write my defence. I didn't want to keep asking questions that had been covered extensively in previous threads so I just did my own research to write my own defence.

In hindsight I should have probably come to the forum for more advice and guidance.

The situation was that I was caught parking in another residents car parking space as my partner was using our allocated space for out flat. The parking management companies main argument was they were managing the parking area to prevent people with multiple cars taking up more than their allocated space which is exactly what I had done. So maybe I never had a strong case to begin with.

I'm still glad I went through the whole appeal process it was a great learning experience evening though the whole process ended up costing me an extra £100 pound on top of the original parking fine.

Coupon-mad

I would move if I were you.

Not joking, I would not want to live under that regime of threats. Next, the parking firm will be changing the permits overnight from grey to red, and fining anyone not up to speed. Or fining you for parking on a crack in the pavement.

nosferatu1001

Yep, that’s an appalling place. Move.

blackmath

You parked in someone else's leased parking space? I think as a leaseholder yourself at the same place you were always going to have a difficult time as feigning ignorance wasn't going to work (no way you were convincing anyone you didn't know).