Defence Advice please CASE STRUCK OUT

DoaM

Is there a specific part of the CPRs that allow for the winning party to gain fixed costs? Should we be adding this reference to the Summary Costs Assessment to help guide judges?

zhonguonuren

As it seems courts are not awarding costs for telephone hearings, is it not better to stop asking and go in afterwards to parking company with a letter/email before action?  Then a follow up email (as parking companies seldom respond) if no response is received a summons will be served.  Then serve a summons for £300 (cost of £25 moneyclaimonline). 

nosferatu1001

That isnt something you can give as a cause of action, so while you could, we should not encourage it
Yes, the CPR state these are claimable. 

Le_Kirk

Good luck managing your way round the CPRs.  It starts off at part 27, which directs you to part 45 but then if you look at part: -

44.2
(1) The court has discretion as to –
(a) whether costs are payable by one party to another;
(b) the amount of those costs; and
(c) when they are to be paid.
(2) If the court decides to make an order about costs –
(a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but
(b) the court may make a different order.

My bold.

zhonguonuren

Not to be written as a costs claim alone but as part of a claim for harassment (say if the claim is struck out) and certainly an unreasonable request for personal data - ie breach of GDPR.  I have received costs from Highview, Parking Eye and Apcoa (so far 😎).  

covid1956

I want to make sure VCS has disposed of all my data as per the legislation. Will the first step be to write to their "Data Control Officer" or someone with a similar title, but if they say yes we will, how do i check??
Covid

nosferatu1001

DPO
You get their confirmaiton they have ceased processing in writing, and then you could send a SAR in sometime later

Fruitcake

Instruct their DPO to erase your data and give them a reasonable time to do so, say a fortnight, and tell them to confirm this in writing. Use the word in bold.
Send an SAR a fortnight later asking what data they hold on you. If they say none, job done. If they send your data then complain to the ICO.

Coupon-mad

Yes, just email their DPO email address and don't tell us it isn't on their privacy page, because it is!