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Tort for incorrect KADOE request?

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  • Umkomaas
    Umkomaas Posts: 41,708 Forumite
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    pould said:
    Hi all,
    Quick update - case is transferred to my local combined court centre. SP continue to refuse to disclose the contract and we have new evidence that demonstrates they had seven working days where they knew the car was exempt but chose to make a KADOE request at the end of that.

    We have made an offer to settle for £2000 plus costs.
    Have you read the thread on here by lawyer @Johnersh - 'Redactions in Disclosure' - the case of Hancock v Promontoria (Chesnut) Limited (2020)?  If not, I think it might be of interest. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • pould
    pould Posts: 252 Forumite
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    How - I mean how!!! can they refuse to disclose the contract??? My parking scammer’s contract was sent after months of requesting it - redacted with landowner’s details which was fine.  I had already  contacted the landowner via Land Registry.  It was a clear breach of contract and the landowner agreed. I have complained to the ICO and will probably sue as it is taking far too long for a response. 
    My parking company is no longer trading.  
    We've told them in no uncertain terms that it is an abuse of process and we will now actively seek the judge to rule it's late submission as not acceptable. 
  • pould
    pould Posts: 252 Forumite
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    Umkomaas said:
    pould said:
    Hi all,
    Quick update - case is transferred to my local combined court centre. SP continue to refuse to disclose the contract and we have new evidence that demonstrates they had seven working days where they knew the car was exempt but chose to make a KADOE request at the end of that.

    We have made an offer to settle for £2000 plus costs.
    Have you read the thread on here by lawyer @Johnersh - 'Redactions in Disclosure' - the case of Hancock v Promontoria (Chesnut) Limited (2020)?  If not, I think it might be of interest. 
    I have not, but will do so now. 
  • zhonguonuren
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    My parking company’s contract had all the terms in it, it was only the landlord’s name and address that had been blacked out.  The terms were vital in my case as the parking company had seriously breached them and landowner said he would have ended the contract had he known (he probably wouldn’t have as his new operator is doing a similar thing in changing the time on the meter to 10 minutes fast) but it helped me that he said so in writing.  
  • pould
    pould Posts: 252 Forumite
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    My parking company’s contract had all the terms in it, it was only the landlord’s name and address that had been blacked out.  The terms were vital in my case as the parking company had seriously breached them and landowner said he would have ended the contract had he known (he probably wouldn’t have as his new operator is doing a similar thing in changing the time on the meter to 10 minutes fast) but it helped me that he said so in writing.  
    Quite. We have told Smart Parking they can redact the commercial terms with the landowner, but everything pertaining to parking, rights, exemptions etc must be left unredacted.
  • zhonguonuren
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    Really wish you the best of luck - a win would be fantastic and could be very useful to others in a similar situation.  
  • pould
    pould Posts: 252 Forumite
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    Hi all - Hearing is finally happening this morning. Will report back afterwards.
  • Le_Kirk
    Le_Kirk Posts: 22,534 Forumite
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    pould said:
    Hi all - Hearing is finally happening this morning. Will report back afterwards.
    Good luck; what happened?  Did you win?
  • pould
    pould Posts: 252 Forumite
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    Le_Kirk said:
    pould said:
    Hi all - Hearing is finally happening this morning. Will report back afterwards.
    Good luck; what happened?  Did you win?
    SP requested an adjournment after reading my skeleton. I was happy to accept. The judge also wasn't happy with it just being a phone conference and wanted video instead. 
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