Gladstone Claim Form with a twist

coynek

Hi Guys,

looking for some advice this one may be a bit different.
(I am a tenant and this is my bay) whether I had a ticket on display or not I do not know
Just had a claim form from a ticket May 2016 i've had a few letter from Gladstone but didn't think they would bother.
I Have already been to court with UKCPM in November 2015 and they didn't turn up so was awarded £100.

Clearly they are chasing old tickets as they have lost access to the DVLA, but they have kept my personal information for over two years without my consent or knowledge had LBC 4th May 2018 then same July 2018 now last week claim form.
Have been in touch with the information commissioner and requested a SAR including photos of my vehicle and on what grounds they have held my info for over two years. (may not get anything back in time to use for evidence)
I do genuinely feel harassed by them and would like to counterclaim as I feel they may have breached GDPR & DPA, I have screen shot of an image I posted on facebook back in 2015 which shows they ticketed me even with my permit on display would this be acceptable evidence of harassment?
How should I proceed?
Thanks

Umkomaas

Gladstone Claim Form with a twist

Clearly they are chasing old tickets as they have lost access to the DVLA,

Not sure there's any 'twist', looks like a standard Gladstones Claim on behalf of UKCPM. They have 6 years to commence legal proceedings against you.

Who has 'lost access to the DVLA'?

I do genuinely feel harassed by them and would like to counterclaim as I feel they may have breached GDPR & DPA,

You can counterclaim, which has to be done (and paid for) at the time of submitting your own defence. But you need to be well read on what might constitute a breach. Continuing to hold your details for an alleged debt within the 6 years provided by the Limitation Act, I don't think breaches anything much, but do your research.

I have screen shot of an image I posted on facebook back in 2015 which shows they ticketed me even with my permit on display would this be acceptable evidence of harassment?

I very much doubt it. The 'bar' for a harassment claim is set pretty high. Check out via Google the case of 'Ferguson v British Gas' to understand where the courts become interested.

How should I proceed?

If you have a formal N1 claim form issued via the Northampton CCBC, then it needs to be dealt with as a matter of priority. The NEWBIES FAQ sticky, post #2 talks you right through the process.

System

whether I had a ticket on display or not I do not know

What are they claiming? Does your AST require you to display? The signs can only have effect if supported by a term in the AST or lease.

Also were UKCPM there prior to you becoming a tenant or did the arrive afterwards.

IMHO you should ignore the DPA issue if you volunteered the personal information.

Redx

I do not believe that UK CPM have lost their KADOE access

in any case, I would be concentrating on winning this case by doing the AOS online and drafting a defence , same as all the other GLADRAGS cases on here

if and when you win , you can then gather your evidence for your own court case and have 6 years to do so


so follow the advice above in the previous replies, also answering the questions being asked too

coynek

Thanks for your replies I will shelve any dpa and GDPR hopes for now then.

My tenancy does not mention any parking scheme and this was my defence last time when they didn't turn up. I asked the Judge what would stop this them doing this again and I can't remember what he said but it was that it shouldn't happen.
I actually was never sent a permit by CPM this is how it all started.

My hate for this company is strong, would it be worth counterclaiming for any reasons that would be acceptable or just defend it and win?

I used Private Parking Appeals last time and were a massive help but cost £50 any advice on this?
Thanks

KeithP

coynek wrote: »

I used Pxxxxxx Pxxxxxx Axxxxxx last time and were a massive help but cost £50 any advice on this?
Thanks

Have you seen their TrustPilot reviews?

You will even see this response from them to at least one review:

Reply from Pxxxxxx Pxxxxxx Axxxxxx Ltd

Published 01 May 2018

This review is now the subject of legal proceedings.

Suing customers eh?

Take care.

coynek

wow maybe I won't use them, the guy who helped me massively is no longer with them

Redx

coynek wrote: »

Thanks for your replies I will shelve any dpa and GDPR hopes for now then.

My tenancy does not mention any parking scheme and this was my defence last time when they didn't turn up. I asked the Judge what would stop this them doing this again and I can't remember what he said but it was that it shouldn't happen.

I actually was never sent a permit by CPM this is how it all started.

My hate for this company is strong, would it be worth counterclaiming for any reasons that would be acceptable or just defend it and win?

Thanks

probably an injunction - see UKPC vs DAVEY


https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

coynek

The lease does not state any parking permit.

I have filed AOS

Do I need to have anything other then this fact and my lease in my defence?

KeithP

coynek wrote: »

The lease does not state any parking permit.

Do I need to have anything other then this fact and my lease in my defence?

Yes you do.

Have you read any other Defences yet?

For a start, there are several linked from the second post in the NEWBIES FAQ sticky thread.

coynek

Yes I have,
What I meant is does the lease having no mention of a parking scheme secure a victory or could I still have an issue.


Thanks for your reply