DVLA MISUSE OF PERSONAL DATA UNDER GDPR - GROUP ACTION - NO WIN, NO FEE

95Rollers

Once a judgement has been formed and something such as inadequate signage, misleading terms or any other breach comes up in any future litigation they should be held in contempt of court and possibly face a civil restraining order for blatant continued abuse of process trying to pull the wool over the courts eyes time abd time again !

bargepole

I'm afraid that getting a Civil Restraining Order (one which prevents them from filing future claims without judicial permission) is quite a high barrier to clear.

It isn't within the power of a District Judge to issue one of those, it has to come from Circuit Judge level or higher, and there have to have been at least two separate actions determined, where it was judged that their case (or application) was totally without merit.

We tried this a few years ago when a particular PPC had lost 17 cases in a row due to no landowner authority at a specific site, but the CJ wouldn't go with it, probably because he didn't fancy having to vet all their potential claims.

Cardriver45

Beano456 said:

Apart from the confirmation email, has anyone who's signed up to this received any contact back yet. I did email to ask if they want a copy of the ntk but they said they'll be in touch in due course.

Yes, they phoned me and asked for the details which I gave. They then said that they will be in contact again in September as they have a large number of cases to go through

tkitwill90

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

Sandtree

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

Did you ask/read about the consequences if you want to discontinue? ATE doesn't cover this and many conditional funding agreements state that you become liable for their fees and disbursements if you do pull out whilst they still think you have a case to argue.

I'd also be careful with words... with lawyers you normally have fees and disbursements... if they say their fees are covered you cannot automatically assume disbursements are too. Lawyers are very precise with their choice of words for a reason.

Jenni_D

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

tkitwill90

I don't know.

TBH this is all seeming like it could take a little too much time and effort and I may just pull the plug whilst I still can in the 14 day period.

 Jenni_D said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

tkitwill90

Sandtree said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

Did you ask/read about the consequences if you want to discontinue? ATE doesn't cover this and many conditional funding agreements state that you become liable for their fees and disbursements if you do pull out whilst they still think you have a case to argue.

I'd also be careful with words... with lawyers you normally have fees and disbursements... if they say their fees are covered you cannot automatically assume disbursements are too. Lawyers are very precise with their choice of words for a reason.

I have a right to cancel before the 14 day period ends. And after reading through all the pages on this thread - I think I may be doing that. I'm not up for any nasty surprises if the DVLA manage to get out of this one. 

Umkomaas

tkitwill90 said:

I don't know.

TBH this is all seeming like it could take a little too much time and effort and I may just pull the plug whilst I still can in the 14 day period.

 Jenni_D said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

Why not ask the solicitors what happens should their case fail and the DVLA come in for (possibly large) costs?  Try to get confirmation in writing. 

If you don't ask now, then discontinue your claim, you'll never know. And if the case succeeds, you might miss out. 

A quick phone call followed up with an email won't cost you a penny. 

tkitwill90

Umkomaas said:

tkitwill90 said:

I don't know.

TBH this is all seeming like it could take a little too much time and effort and I may just pull the plug whilst I still can in the 14 day period.

 Jenni_D said:

tkitwill90 said:

yes, I signed up, got a call and completed further agreement forms with them, I then also asked about the no win - no fee, and they said all the costs would come out of the percentage win fee and that if they lost the ATE insurance would cover their costs. 

I'm still under the 14 day opt out option - so waiting to see if there are any serious concerns from the forum before staying with them?

And that's the point I raised way earlier in this thread ... does it also cover the other side's costs if the claim failed?

Why not ask the solicitors what happens should their case fail and the DVLA come in for (possibly large) costs?  Try to get confirmation in writing. 

If you don't ask now, then discontinue your claim, you'll never know. And if the case succeeds, you might miss out. 

A quick phone call followed up with an email won't cost you a penny. 

I don't know - I'm not very familiar with all the legal jargon and tbh I've not be reassured by anyone on here. Just lots of skepticism.