Pcn small claim but no defence

The_Deep

What about costs? Surely this is worth an unreasonable behaviour award, and also a complaint to your MP.
.
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

Yay - VERY well done to you, knew you had it in you to win! Sometimes we do hear that the Defendant didn't have to utter a word, phewww what a relief for you!!

Second win this week and it's only Wednesday (this one was Gladstones though):

https://forums.moneysavingexpert.com/discussion/5760744/gladstones-county-court-claim-form&page=3

:T

:T

nosferatu1001

Very well done! This will have cost them around £300 for the rep as well, so youve cost them well over £400 all in.

Umkomaas

Brilliant - well done you. :T

Definitely follow Castle's advice and formally complain to the DVLA.

SophS

What about costs? Surely this is worth an unreasonable behaviour award

This seems a grey area, many people on a Facebook group have said that their costs were awarded after presenting them to the judge on the day - then my experience yesterday where the judge asked if id submitted prior to hearing (which I hadn't).
I put down 8 hours research and putting a defence together as a litigant in person (in reality it was more like 28 hours).
Added on printing and paper, then petrol and parking for the day. I was awarded the last two which the judge worked out a calculator in front of her, so she didn't accept my prepared one.

Perhaps is down to each individual judge on the day, with no consistent rule about costs? After calling the court today, they don't seem to be any wiser but was told a manager would call me back and in the meantime, I should call the CAB for advice.

I am very happy I won but I've not enjoyed 6 months of worry and panic. Many times when I felt I could not find the answers I needed to put a good defence together in the way and the language needed, I've wanted to throw the towel in and pay to make it go away.
To know that VCS didn't even have the authority to bring a claim in the first place is a kick in the gut for all the worry and stress caused, but as nosferatu1 said above, they lost a lot of money doing so.

..and also a complaint to your MP.

Doing that as we speak.

When you have time you should consider making a formal complaint to DVLA because without a valid contract VCS have unlawfully obtained your details.

Doing that after MP letter. I don't know if there are templates already out there but I will take sound bites from recent comments and put a complaint together.

Umkomaas

Why not SAR-bomb VCS. That will give them serious headache, and a few days of work.

Here is a link to a very detailed SAR request that you could use as a framework - but I suspect you may only need to tidy it at the margins to reflect your circumstances. Scroll down to post #311.

http://forums.pepipoo.com/index.php?showtopic=114450&pid=1388235&st=300!!!entry1388235

SophS

Why not SAR-bomb VCS. That will give them serious headache, and a few days of work.

Thanks Umkomaas, will do that too.

Here is a draft complaint letter to the DVLA if someone could take a look for wording and repitition etc, not really sure I can ask for what I did in the penultimate paragraph ...what do other people request when making a complaint?



CCRT
D16W
DVLA
Swansea
SA6 7JL

Dear CCR Team

Re: Breach of KADOE Contract and Date Protection Act

I am writing to make a formal complaint regarding the misuse of my data.

International Parking Community (IPC) member Vehicle Control Services Ltd (VCS) have breached both the IPC Code of Practice B1.1 and the KADOE contract by obtaining my keeper details from the DVLA to bring forth a claim of unpaid parking charges at Sheffield County Court for an alleged parking contravention dated 2nd October 2015. The judgement of this case was found in my favour due to the points below.

At the material time, Vehicle Control Services had no valid contract with the landowner of the carpark in question to either operate, manage or enforce parking conditions.
The contract to do so had expired in August 2012.

Therefore VCS did not have the authority from the landowner to establish themselves as a creditor within the meaning of Schedule 4: 2 (1)(b) of the Protection of Freedoms Act (2012) nor establish themselves as a person who is able to recover parking charges as laid out by the above Code of Practice.

It is therefore apparent that VCS have illegally obtained my details from the DVLA which is a breach of the Data Protection Act as well as their own Approved Operator Scheme COP and the KADOE contract. I ask that this matter is investigated with the issuance of a ban against VCS to obtain keeper information from the DVLA again.

If this complaint is not resolved properly, I will be writing to my MP to refer the issue to the Parliamentary and Health Service Ombudsman.

Yours sincerely

SophS

I intend to print, sign and send (and make a copy) as I think that's the best way, rather than email and it gets lost in the system. I'm guessing I need to include my driver number for ID purposes?

KeithP

And of course you need to mention your vehicle registration number too.

Coupon-mad

The IPC will never have sought your data so remove the first words because it reads as if you are complaining about the IPC. I could only just make out that you were not.

what do other people request when making a complaint?

Not just a complaint! Also take the chance to try to prohibit the DVLA from ever processing your data to share with any private company without firstly writing to tell you why and showing you the KADOE request first, to give you the chance to comment or object:

https://forums.moneysavingexpert.com/discussion/comment/74381742#Comment_74381742

Not saying the DVLA have to do this (it's new and not been tested yet) but GDPR appears to say that, and that they cannot just make automated decisions about data sharing/processing (which the KADOE is).

Then an ICO complaint...! Online and easy, about the DVLA and VCS.