Thinking of pursuing harassment claim against ParkingEye, advice?

robertcox999

D_P_Dance said:

If they do offer an out of court settlement would you be prepared to sign a non disclosure agreement?

https://en.wikipedia.org/wiki/Non-disclosure_agreement

Hmmm, it does make me uncomfortable. I would like people to know their scumbaggery. In the grand scheme of things how much would taking this through the courts help society? Will this be irrelevant once the new code of practice comes into effect? I haven’t read up on the details. I am keen to do what is best for others, but want to make sure I am using my time well as I have so much on my plate at the moment. Clue me in!

robertcox999

Half_way said:

as above, the landowner is jointly liable.
Much as I dislike the parking company's they just keep doing what they do and landowners need to take responsibility in the same way as farmers can not keep dangerous animals on land accessible by the public

Very true, I completely agree. 

Coupon-mad

I would like people to know their scumbaggery.

Good.  So do we!

In the grand scheme of things how much would taking this through the courts help society?

It will help a lot!  Cases like this are rare.    Simon Clay v CEL is the only one I can think of that wasn't a counterclaim.  If you win in court and don't give in to an offer (and non-disclosure) your case could be used in future, by other people.

Will this be irrelevant once the new code of practice comes into effect?

No, it will still be relevant because this industry is not going to be wiped off the planet and ANPR flaws will still exist unless Parliament stops private firms using ANPR (can't see that happening).

robertcox999

Coupon-mad said:

I would like people to know their scumbaggery.

Good.  So do we!

In the grand scheme of things how much would taking this through the courts help society?

It will help a lot!  Cases like this are rare.    Simon Clay v CEL is the only one I can think of that wasn't a counterclaim.  If you win in court and don't give in to an offer (and non-disclosure) your case could be used in future, by other people.

Will this be irrelevant once the new code of practice comes into effect?

No, it will still be relevant because this industry is not going to be wiped off the planet and ANPR flaws will still exist unless Parliament stops private firms using ANPR (can't see that happening).

Ah ok then, quite a fair impact. I’m up for it and I’m sure I can persuade my mum to give me the go ahead for her. It seems to be quite an easy case to win seeing as they breached data laws and accepted fault via email for it; am I right to think it will be easy to win? (As long as I do my homework and tick all the boxes etc.)

Coupon-mad

I think it shoujld be easy to win in principle - but whoever speaks in court has the burden of proving that the various consumer laws (and case law) mean that monetary compensation for distress is allowable.  A Judge may not have seen such a case before so you need case law and statute law and be ready to take the Judge through it. 

And Mum has to attend too, even if you speak as a lay rep, and there is more to it than just filing a claim, you need a witness statement and evidence and probably, a skeleton argument to walk the Judge throught the legalities.  We are happy to assist as she goes through the stages.

Get the basics right as well.  Are you sure of the full legal name of the landowner and is it the landowner or the Managing Agents who contracted with ParkingEye Ltd?  Don't fall at the first hurdle by misstating the legal names of the Defendant entities and make sure you use the right addresses for service.

robertcox999

Just an update. Sent the SAR a few weeks ago; recently asked for update where PinkEye happily reminded me they have a month to get back to me, which I assume they will be using. Meanwhile, they sent my mum a letter saying 'just a friendly reminder that we dropped those court cases a few years ago'. Maybe they're anticipating something...

Coupon-mad said:

Get the basics right as well.  Are you sure of the full legal name of the landowner and is it the landowner or the Managing Agents who contracted with ParkingEye Ltd?  Don't fall at the first hurdle by misstating the legal names of the Defendant entities and make sure you use the right addresses for service.

How would I find out who made the contract with PE? Would I just ask the landowner and they would tell me? So is it the person who made the contract who I will be claiming against, along with PE? If the contractor is not the landowner, do I not send the landowner anything then?

Thanks

zhonguonuren

Hi OP.  I would definitely send a letter before action but I would be more cautious and ask for £300.  Judges are not yet up to speed and you have to consider losing.  It is worth a punt at £25 for a £300 claim but the fees increase the higher the claim, then there is the hearing fee. As long as you can put forward a reasonable case if you do lose, costs will not be awarded to the parking company (which I’m always conscious of when I’m helping others).  

If you do win for your Mum as her lay rep (and you absolutely deserve to) if she gets any further harassment you can simply use your ‘win’ to stop it.  

I won just over £200 (a personal claim for £500) plus all court costs and it felt amazing even though the judge decided to award a lesser amount.  

zhonguonuren

Sorry - just to be clear.  Claim under GDPR.