BW Legal - Any help very much appreciated...

didgeridoooo

I spoke to court clerk today. I asked what recourse she knew of for me to chase BWL for my out of pocket costs. She said there are two options, one is to issue a claim against them myself but she didn't know what for, so that wasn't useful. But she said the other option is to add a general application within this claim, form N244, and it will cost £255. That would be a rather large gamble, but I am tempted, if the advice is sound. I am going to scour the board about it in case anyone else has used that approach after claimant pulls out at last minute.

nosferatu1001

You would have to overcome how they are not entitled to DC anytime they wish (small claims track rules) and how the behaviour was absolutely definitely unreasonable, before I would take that gamble.
Why not sue for DPA2018 issues? THey processed WAY longer than they were entitled. 

didgeridoooo

Thanks. I am not entirely sure I understand how I could sue for DPA breaches. Why did they process too long?

They will issue other claims  against me so I am sure they would just defend any such claim with "legitimate interest/need" to process.

nosferatu1001

They discontionued so they accepted they had no claim to pursue
If they had no claim to pursue they had no reason to process your data - their need to process ended. 
And
They likely had no reason to access it in the first place. 

didgeridoooo

I see your point, but I don't think that would be successful. Partly because they have other claims to issue against us (which would be their trump card and a valid one), but also because they would no doubt argue they intended to pursue until xyz (my MSE approved witness statement scared them off ) and only then decided they had no claim to pursue, but still have others to pursue. Nice idea though, and definitely a good one for those with single claims from these oiks. Thanks

nosferatu1001

It isnt a trump card for THIS case. They have processed your data for THIS case with absolutely no reasonable cause. By DCing they admit they had no valid claim. 
Your WS wouldnt have shown them anything they didnt already know! Thats the point - a claimant *should already know the contents of a defence* before thy issue a claim. 
If they DO have other PCNs to chase, get ahead of the game and *instruct* them that, unless they cancel the claims, should they attempt a court claim you will Apply (cap is there for a reason) to have the claim struck out as they have dc'd a PCN with teh same underlying cause, and you dont see why the court nor your time should be wasted. 

didgeridoooo

That's interesting, especially re instructing them to cancel other claims. I am sure they would say they are not the same, as some are ANPR, some are not... and so on, but a letter is plenty easy enough to send, and of course to refer back to after winning the next one.

Thank you

nosferatu1001

Gather up the ones that are similar enough - same car park - and tell them to cancel those. 

didgeridoooo

This one was a one off, no others for same car park nor similar circumstances (its only ANPR one too). However I will have bunches of similar/same location claims soon, and will definitely bear this advice in mind when I clobber the first one.