Parking in own space: issued with claim despite previously winning at County Court

KeithP

Earlier I wrote:

KeithP said:

If you are planning on filing a Defence, then I really hope you filed an Acknowledgment of Service before Monday 3rd February. I'm going to assume you have done that. Please confirm.

nosferatu1001

It would be, off the top of my head
1) Breach of lease (quiet enjoyment)
2) Tortious interference with lease (right to quiet enjoyment, trespass on your demised space, etc)
3)  Breach of DPA2018 by processing data without reasonable cause
4) Harassment
THis is submitted AFTER your defence in the same document. Head it Counterclaim
You give a suitable costs value by each head of claim to get you a total. JUST the Breach of DPA is £750 by itself (Vidal Hall v Google) 
Unreasonable behaviour is purely about costs on the small claims track. 

Why are you asking about a "draft defence" ?! This is a counterclaim. has nothing to do with a defence. 

UKCPM_Suck

KeithP said:

Earlier I wrote:

KeithP said:

If you are planning on filing a Defence, then I really hope you filed an Acknowledgment of Service before Monday 3rd February. I'm going to assume you have done that. Please confirm.

Yes thanks Keith, I've done this and I'm now working on the defence. Hoping to get that complete tomorrow. 

UKCPM_Suck

nosferatu1001 said:

It would be, off the top of my head
1) Breach of lease (quiet enjoyment)
2) Tortious interference with lease (right to quiet enjoyment, trespass on your demised space, etc)
3)  Breach of DPA2018 by processing data without reasonable cause
4) Harassment
THis is submitted AFTER your defence in the same document. Head it Counterclaim
You give a suitable costs value by each head of claim to get you a total. JUST the Breach of DPA is £750 by itself (Vidal Hall v Google) 
Unreasonable behaviour is purely about costs on the small claims track. 

Why are you asking about a "draft defence" ?! This is a counterclaim. has nothing to do with a defence. 

Ok so I meant the essential elements of the counterclaim - how I put the argument together.
Is breach of DPA because there is no contract (I don't actually think they can prove they have a contract in place) or because previous judgements renders their continuing pursuit futile and a breach of the DPA? Or both? Are there any precedents on this forum that you can sign post me to? I'll have a look tomorrow but concerned as time is pressing.
And your advice is to push for unreasonable costs on the small claims track (I have this prepared). The counterclaim is for additional costs and stands apart from the defence? 
Thanks for your help. 

Coupon-mad

Are there any precedents on this forum that you can sign post me to?

Mention the well-thought out words of the Judge (Clay case, linked below) following a claim written by bargepole (not a counterclaim) Clay v Civil Enforcement:
DJ Jones gives a very comprehensive Judgment, and he stated that the only reason he reduced the sum awarded was that, in this case, CEL hadn’t shared the data with any other company. If they had, more damages would have been awarded.

Also, on pepipoo, read Henry Hippo's thread about how he won his counter claim v UKPC:
http://forums.pepipoo.com/index.php?showtopic=114450

I helped him write that counter claim.  The final key in the Judge taking it on board and 'unlocking' the counterclaim award as a remedy for data misuse, seemed to be his distress and injury to feelings that he demonstrated at the hearing.  Remember that.  Can you build some evidence now, how about some social media/FB posts to your friends & family about how distressed you are.  How they are 'doing your head in'. 

Not angry, distressed. 

Then at WS stage you can go to town on that and include your own FB posts, and any GP appointment if you have not been sleeping (if true) and lay it on thick about how this has stopped you being able to concentrate on your job/business and all the good things in life like your family, and that 'your home should be your castle' not the cause of this abject misery and harassment.  Now I know I am feeding you the words but I also know this WILL be dung your head in and affecting your life and maybe family too.  That's what to get over at WS, evidence and hearing stage.

At this stage, it's about adducing the right things - so read Henry Hippo's account and his defence/counter-claim and how it was pleaded.  You should mention Clay and if the PPC in your case have shared your data with debt collectors and talked about you to the Managing Agents, then you can say that is why your claim is a little higher than was awarded in Clay, and because they have already taken you to court once and lost, so there is no excuse for what theyu already know is unwarranted harassment and intimidation of residents.

Show us what you come up with.

Coupon-mad

Did you manage the defence and a counterclaim, or did you at least defend in time?