Bristol Airport VCS - Stopping to Drop Off Charge Notice - Pedestrian Crossing

Im_tired_of_this

Update 1st Feb:
I emailed the court last week to get confirmation of the lack of Claimant bundle. I received this reply today:

Good morning

Thank you for your email.

I can confirm that the Claimant has not filed any documents with the Court and they have also failed to pay the hearing fee.

As the Claimant has not paid the hearing fee, their claim will be struck out.

I note that you have made a counterclaim in this matter – the hearing on 22nd February 2023 remains listed for this to be heard as long as you pay the hearing fee.

You will shortly receive an order from the Court confirming the above.

 

Naturally I'm delighted that the claim will be struck out, and I'm going to hold onto my slot for my counterclaim. I'll probably have a window of time to pay the fee, during which, hopefully I can get a steer from you lovely people as to whether it's got any legs. I'll post the counterclaim in the next message.

Im_tired_of_this

AND THE DEFENDANT COUNTERCLAIMS:

1.        Claimant’s breach of data protection regulations

The Claimant, as data controllers, were obliged to abide by Data Protection Principles.

These are set out in the General Data Protection Regulation (“GDPR”), Article 5(1) (Exhibit XX-11)

The relevant principles are Article 5 1(a) and 1(b).  Accordingly:

i) Claimant was only permitted to collect the DVLA registered keeper's personal data for “specified, explicit and legitimate purposes” (GDPR Art 5 (1)(b));

and

ii) They were obliged to process it lawfully and fairly (Art 5(1)(a)).

1.1.   Re the obligation to process data lawfully and fairly, Art 6 (1)27 (Exhibit XX-12) sets out the six lawful bases, at least one of which must apply. Only two from that list of six are relevant:

1 (b) where processing is necessary for the performance of a contract to which the

data subject is party; and

1 (f) where processing is necessary for the purposes of the legitimate interests

pursued by the controller..

1.2.   Claimant did not have a legitimate purpose for collecting the registered keeper data in the first place (breach of Art 5 (1) (b); and it was thereafter processed unlawfully and unfairly (Breach of Art 5 (1) (a). because no contract was created between the Claimant and Counterclaimant rendering the processing of the keeper's data unlawful from the outset. With no contract the Claimant had no 'reasonable cause' (DVLA KADOE rules) (Exhibit XX-10) to even access the data, at all and there was no 'necessary processing for legitimate interests'.

Im_tired_of_this

Further update from the court.
I have until 4pm on 10th February to pay the £59 hearing fee for the counterclaim.

Coupon-mad

Do you still have time to file & serve a specific WS supporting your counterclaim (I don't mean the WS against the PCN liability) because if you haven't (and are now too late to do so) you won't have any chance and shouldn't waste your money.

Im_tired_of_this

Hi @Coupon-mad
No, no time to file and serve a specific counterclaim WS, as deadlines were over a week ago. The WS submitted to support the PCN defence has details that related to these points in the counterclaim. Is that not how it works?

I'm curious as to why I don't stand a chance. If you have the time to explain, I'd be grateful. I really want my moment in court to try and stick it to VCS. 

Im_tired_of_this

Here's the court order (redacted) to confirm the claim has been struck out. Feels a bit like an empty victory without a hearing. Nevertheless I am pleased. 

Coupon-mad

Im_tired_of_this said:

Hi @Coupon-mad
No, no time to file and serve a specific counterclaim WS, as deadlines were over a week ago. The WS submitted to support the PCN defence has details that related to these points in the counterclaim. Is that not how it works?

I'm curious as to why I don't stand a chance. If you have the time to explain, I'd be grateful. I really want my moment in court to try and stick it to VCS. 

Because you won't be allowed to bring witness evidence to support your counterclaim.

You can't win, might not even be allowed to speak (due to no witness statement) and COULD even be held by a grumpy Judge as 'wholly unreasonable' having wasted court time and have to pay the other side's three figure legal rep's costs.

You are currently in breach of the Hearing Order.  Your only safe position is to discontinue.

You failed to file a WS in support of your counterclaim.  I am so sorry - but did you forget you had a counterclaim in when you drafted your WS?

You had to file & serve a whole separate section with exhibits and a skeleton argument about the DPA and data breach arguments, to support a counterclaim like yours.

Im_tired_of_this

Coupon-mad said:

You failed to file a WS in support of your counterclaim.  I am so sorry - but did you forget you had a counterclaim in when you drafted your WS?

You had to file & serve a whole separate section with exhibits and a skeleton argument about the DPA and data breach arguments, to support a counterclaim like yours.

Hi @Coupon-mad
The skeleton argument is in my post above at 11:45am this morning, from my WS. It had it's own three exhibits. 

This format was drawn from the successful counterclaim of 90 Seconds, but clearly with a lot less content. 

Coupon-mad

But did you file a WS (over & above the standard forum one about PCNs and added charges)?

I mean a WS in support of the counterclaim?

Have you read today's thread by @pinkelephant12 ?  I am certain he or she will have filed a bundle in good time.

Did the PPC defend your counterclaim?

Im_tired_of_this

Coupon-mad said:

But did you file a WS (over & above the standard forum one about PCNs and added charges)?

I mean a WS in support of the counterclaim?

@Coupon-mad

 Yes, I did file a witness statement for the counterclaim. This was included in my main Witness Statement, at the end as a section called "AND THE DEFENDANT COUNTERCLAIMS" and before my Statement of Truth. This is the format I used from 90 Seconds and reproduced at 11:45 this morning here.

Have you read today's thread by @pinkelephant12 ?  I am certain he or she will have filed a bundle in good time.

That's a great story. Hopefully we'll see the claim paperwork. I filed a bundle in time, maybe not in good time, but in time nevertheless. Happy to share it with you.

Did the PPC defend your counterclaim?

The Private Parking Company (PPC, yes?) filed no claim paperwork and didn't pay the hearing fee, so the claim has been struck. So, no, no defence of the counterclaim.