SCS Law/PCN

Mykep85

Off to Court, for Round 2, and this time have come armed with receipts and payslips.

Praying for the same Judge as last week!

Will provide updates...

Mykep85

I won!!!

2-0 to me!

Le_Kirk

Well done! When you come down off the ceiling can you do a court report please?

Coupon-mad

Looking forward to the latest court report. Same Judge as last week?

As a Reminder, this was your win in round 1:

Mykep85 wrote: »

Ok, my day at Court (let me know if this should go in either a new/different thread).

Firstly, a bit of background...My Wife and I actually have 2 cases against us currently, but both are virtually identical, so there was no point in starting 2 different threads. UKPC, through SCS Law have pursued us for 14 tickets in total, originally- 6 for my wife, 8 for me. By the time of the first case today, these had been reduced to 4 and 6 respectively, for hearings today (22nd May) and next Wednesday (29th May).

We arrived at 9.30am for a 10am hearing, after submitting our Witness Statements to the Court by email. After submitting these, I was reminded on here that I should have hand delivered these statements, in a bound folder etc. I did this in time for my hearing next week, but my wife's was a little late. However, we put a note in the ringbinder to say 'Dear Sir or Madam, this Witness Statement was submitted by email, on time, but I thought the Judge may appreciate a hard copy, with all of the Exhibits numbered, for ease of reference'.

So, they read out the various different hearings for that day, and when my Wife's name, and UKPC was read out, a solicitor came up to confirm his attendance (Mr Earl), and then straight away asked to have a quick word, to which we told him in no uncertain terms that we didn't speak to him. He then went elsewhere, with what appeared to be a junior, and started looking through the rather large file, relating to the case.

There was a bit of a delay, but we finally got in there, but went into a different court room than was on the schedule. Judge Jenkins originally due to preside over the case, but it was handled by a different one, who I believe hadn't seen or read the Witness Statements until we got into the Court room.

He didn't have a copy of my wife's Witness Statement, so we gave ours, and he took about 5 minutes to read through the paperwork from both sides.

As part of my Wife's Defence (and also mine), we wrote that the Claimant had failed to provide a contract to prove they had the authority to operate on the hospital premises, so they put a copy into their Witness Statement.

The Judge opened with addressing Mr Earl, and asked him about the contract that UKPC had provided, as it stated that the contract was dated September 2012, for 3 months, with another contract dated October 2018.

Mr Earl responded that it was a rolling contract, but the Judge said it indicates it was for just 3 months. After a few minutes of panicked scrambling, the Judge said 'you seem to be struggling Mr Earl', and all he could come back with really, was that they wouldn't have been allowed to put signs up otherwise (as well as some other rambling about 'probability etc). The Judge asked if 'that was it', and Mr Earl simply said 'yes'.

The Judge then re-read the charges, and went on to say that the contract does not prove that they had authority to operate on these premises, so the 'charges are dismissed'. My Wife didn't even have to read out her Witness Statement, the Judge had them hook, line and sinker after only 5 minutes!!!

He asked if we had anything else to say, and we questioned costs, to which the Judge replied 'what costs?'- we said work, childcare, parking etc, and he simply told us we needed some evidence of these, which we didn't bring.

Frustrated that we couldn't get them to cover some of our costs, but delighted that they were so swiftly dispatched! The best news, is that they have provided the exact same evidence for the case next week, to be heard at the same place, so guess what my opening line will be?!

I have to say, that there are times during the process where you question if it's worth it, and doubt whether you really should follow through to Court, but I'm so glad we did, and it's thanks to the fantastic guidance and advice on here, so thank you all!

Mykep85

Hello, sorry for the delay, I've been a bit busy since Wednesday...

Fortunately, we had the same Judge

SCS/UKPC had sent a different rep to this one, and he was a bit flustered when the Clerk was speaking about the Judge, and how he was already familiar with the case. I think the rep must then have put in a call, because there was a bit more toing and froing this time round.

We went in, and the Judge commented that he saw me a week earlier at my wife's hearing, and then opened with the fact that the same evidence, (namely the 3 month contract, signed October 2012) had been ruled as (rightly) not covering the period that their bogus invoices had been issued.

The legal rep said he had with him a copy of another contract, that he believed did cover the period of the charges, but the Judge ruled that it was unfair on me, for evidence to be entered at such a late stage, so he didn't allow it.

The rep tried to argue on another couple of points, to say 'on balance of probability', the contract they had did cover that timeframe, but again Judge Chohan dismissed all the charges.

I did more prep this week, and brought a payslip, a copy of my route there and back from home, with calculated mileage, and also a receipt for £45 from all the printing, prep costs. However, I was only awarded petrol (£4.32), and nothing for 'unreasonable behaviour', which is a shame.

At the end, I thanked the Judge, and he said 'don't make a habit of this', to which I replied 'I won't, and no offence, but I hope I don't see you again'. He replied 'The feeling is very much mutual'...I think he gave a little wry smile, but couldn't be certain

I definitely got the feeling from the 2 cases that he thought it was a waste of his time, and although he sided with my wife and I, he was pretty stern, and I'm not sure how things would have gone, if their evidence regarding the contract had been sufficient.

Hey ho, cases dismissed, thanks mainly to the fantastic work of the people on here, so thank you, thank you thank you.

So, next steps...do you know if I will receive confirmation from the Court that these charges have been dismissed?

I would like to pursue UKPC for data breaches, especially as they have already been banned by the DVLA for this...should I write to UKPC and request compensation?

Also, I've been approached by a National Newspaper about the case, who are interested in doing a story on this, highlighting the cowboys lumping on unfair charges to users of the hospital...any thoughts/advice on this route?

beamerguy

Also, I've been approached by a National Newspaper about the case, who are interested in doing a story on this, highlighting the cowboys lumping on unfair charges to users of the hospital...any thoughts/advice on this route?

A big well done :beer:

Get as many media companies as you can involved.

My question is why companies like UKPC use legals who don't have a clue, I suspect that UKPC are too scared to do this themselves

Coupon-mad

I must add THE USUAL:

Yay! ANOTHER ONE BITES THE DUST! :T

Well done again and if the National Newspaper is interested in doing an informed article about this matter it would be best if they talk to someone who is in the BMPA, such as bargepole who is legally trained and posts here and on pepipoo forum, and he has been on TV before so isn't averse to publicity.

Mykep85

Ok, so I’m keen to now take this further, and push for compensation for multiple data breaches.

I was thinking;

-first send a SAR to the DVLA, and get details of the dates that UKPC requested my details.
-write to UKPC, with the general theme being “according to the DVLA, you have illegally requested access to my data on X, Y, Z etc dates, without a sufficient contract in place”, please send me any proof of a contract you had in place during this period, or I will be looking to claim compensation”.

Thoughts?

Coupon-mad

Yes, try it!