SAR request multiple claim legally binding?

Minotaur4

Hi, 
I sent off a SAR request for a parking charge and it came back with more than one PCN case on it. They took me to court for the one I sent the request for, which I won and recently they have sent another LBC.
In my SAR I specifically stated the following -
"- and a list of all PCNs they say are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims."
They have clearly ignored this since losing the first claim and they have sent another as a separate claim. 
Where do I stand legally with this? What is my response to get this thrown out? 

Redx

If they supplied all your PCN details in the SAR then they complied with GDPR

If they failed your demand to issue and consolidate all claims into one.  Then that isn't a SAR matter

If they issue new claims that mirror the previous one then you object in your defence as an abuse of process and harassment etc, plus issue a counter claim at the same time

KeithP

Sounds like you have received a County Court Claim Form.

What is the Issue Date on that Claim Form?

Minotaur4

Redx said:

If they supplied all your PCN details in the SAR then they complied with GDPR

If they failed your demand to issue and consolidate all claims into one.  Then that isn't a SAR matter

If they issue new claims that mirror the previous one then you object in your defence as an abuse of process and harassment etc, plus issue a counter claim at the same time

Ok thanks. So i'll have to go through the whole court process again and its not worth replying to the letter of claim?
The claim does mirror the previous one in every way.
Does them failing my demand to consolidate all claims into one have any grounds for them to not go ahead or will they do it anyway? 
I would definitely issue a counter claim for harassment. Are there any examples? I've had a look on the noobies page and search it but cant find anything?

Minotaur4

KeithP said:

Sounds like you have received a County Court Claim Form.

What is the Issue Date on that Claim Form?

Hi Keith,
It is a Letter of Claim and I have received. "I have a month to pay or respond or they will issue a county court claim without further notice"

Redx

Is it an LBC or a court claim you received ??

If it's an LBC , issue one back , chances are it's just a roboclaim and they don't even know it's 1-0 to you

If it's a court claim pack from the CCBC in Northampton , post the issue date below

They will do whatever they want to do , even if banging their heads against a brick wall raises bruises , I doubt that you can afford an injunction to do what you ask

They will have taken your threats as empty threats , same as you do with theirs

Minotaur4

Redx said:

Is it an LBC or a court claim you received ??

If it's an LBC , issue one back , chances are it's just a roboclaim and they don't even know it's 1-0 to you

If it's a court claim pack from the CCBC in Northampton , post the issue date below

They will do whatever they want to do , even if banging their heads against a brick wall raises bruises , I doubt that you can afford an injunction to do what you ask

They will have taken your threads as empty threats , same as you do with theirs

Sorry for my lack of information. 
It is a "letter of claim" and not a court claim pack from  CCBC in Northampton. 
My initial thought was it is a roboclaim and they dont know I won the previous claim. I'm just not sure what to say to them.
So I can issue a letter before court to them for harassment? 
haha I would love to bang their heads against a brick wall believe me :-) 

KeithP

Minotaur4 said:

KeithP said:

Sounds like you have received a County Court Claim Form.

What is the Issue Date on that Claim Form?

Hi Keith,
It is a Letter of Claim and I have received. "I have a month to pay or respond or they will issue a county court claim without further notice"

Then you need to respond to both of them pointing out that if they consider issuing County Court Claims then they must issue only one claim covering all similar incidents.

Your will of course also point out to them that, whilst you deny that any debt exists, you are seeking debt advice and require them to delay the issuance of any County Court Claim by thirty days, as required by paragraph 4.2 of the Pre-Action Protocol for Debt Claims. 

Redx

As above , although harassment is a high bar to prove , I did not mention it , I mentioned abuse of process which is easier to prove

So I would fight fire with fire and issue them with one , citing abuse of process , harassment etc and include the winning number from your court case so they can look up their defeat in round one

Minotaur4

KeithP said:

Minotaur4 said:

KeithP said:

Sounds like you have received a County Court Claim Form.

What is the Issue Date on that Claim Form?

Hi Keith,
It is a Letter of Claim and I have received. "I have a month to pay or respond or they will issue a county court claim without further notice"

Then you need to respond to both of them pointing out that if they consider issuing County Court Claims then they must issue only one claim covering all similar incidents.

Your will of course also point out to them that, whilst you deny that any debt exists, you are seeking debt advice and require them to delay the issuance of any County Court Claim by thirty days, as required by paragraph 4.2 

Thanks, 
The other case was won in court earlier in the year. They are from a few years ago at a similar time so they could have easily issued only one claim with both incidents. Is there any law that states "they must issue only one claim covering all similar incidents."? If so I was hoping I could reply to their LOC stating this and avoid the whole process again. 

Coupon-mad

There is no template counter claim or pre-counterclaim letter because most people we help might not have good grounds and would probably issue pointless counterclaims (costing them money) and tie themselves up in knots trying to handle a counterclaim as well as a defence.

But here (posted across two replies!) is a reply to LBC that threatens a counterclaim, that I wrote for a person this year, that you can copy from.  So far this stopped the PPC in its tracks but the person is 100% up for the counterclaim if they proceed.

See next two posts