BW Legal for VCS county court claim

Coupon-mad

Hooray! Another one bites the dust! :T

You can't counter claim on the back of this claim, but you could try sending your costs schedule (for any costs so far, including time spent on the case since 2016!) to the named Judge and see if they will grant summary costs due to the Claimant's 'wholly unreasonable conduct' from start to finish in a case where they knew from an appeal in 2016 that your car WAS NOT even parked in their car park, so they never had a cause of action and this claim was purely and utterly vexatious and intimidating to try to extort money.

Really go to town on explaining in your covering letter why VCS had no cause of action and why VCS already KNEW that.

The keeper was not the driver on that day and the car was not parked in their car at all on that day.

Also, plan of attack #2 (this could get you money):

Send your evidence to the ICO in a formal online complaint; the focus must be on DATA MISUSE and so you would be showing that VCS knew the car was not in their car park but spent TWO YEARS hounding you to the court door before discontinuing when someone finally bothered to check their 'evidence'.

Attach your evidence that proves the car was not in their car park, and attach the appeal, the correspondence that told VCS about the fact your car was NOT there, and the court claim.

Make the case to the ICO that VCS had no justification to process your data AT ALL, yet they continued to do so for over two years, demanding money with menaces and using the court process as a vehicle of intimidation, costing you wasted time & money, and significant distress.

If the ICO investigation agrees, I believe they can grant compensation but even so, a positive ICO complaint result can then be used next year as compelling evidence to sue VCS for damages for distress, based on the DPA data misuse and the Protection from Harassment Act and you could claim, say, £750 or more and would have good prospects of success if it was well pleaded based on those statutes, and evidenced.

Start sending emails and Facebook posts to family & friends that tell them how relieved you are but how horribly distressing the entire experience has been (lay it in thick, pour your heart out, talk about lost sleep and headaches and any real moments of despair). Keep those sent emails/posts, screenshot them and put them in your file ready for a case v VCS next year, and that will be your evidence of 'pure distress' for which the law allows the remedy of compensation.

Djdamo

Thanks Coupon-mad, I tried to send you a personal thanks but your inbox isn't accepting messages. Anyway very much appreciate all your advice and help with the case.

System

Coupon makes a interesting suggestion if you are up to taking it forward through the courts. Ticketing on the highway is civil fraud so they have no defence apart from the defence of incompetance.

You could though still get the local council Trading Standards on to it as there could have been others. And if they continue beyond this, then the defence of incompetance can't stand.