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County Court Claim from Capital Car Park Control

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Comments

  • Also do we know what name was on the signs (driver contract)?
  • Also do we know what name was on the signs (driver contract)?
    I will need to go and figure out this one... Will revert back! Thanks
  • Castle said:

    hehazone said:
    "Hopefully the OP can confirm the full name of the claimant."

    Also hopefully the OP will arrange the usual excercise of contacting the DVLA to find out who obtained their data during the relevant period.
    Finally DVLA replied and here is the result, not sure if it is any help though.


    Thanks!
    It helps a lot as there are now 2 data breaches: -

    1. Your data has been obtained from DVLA by Mr Szmidt's company, (Capital Car Park Control Ltd), and then given to his sole trader business, (Terry Szmidt t/a Capital Car Park Control), (who have issued the claim); these are two SEPARATE legal entities.

    2. Capital Car Park Control Ltd are also in breach of their KADOE agreement.

    3. We don't know which legal entity, (if any), has a contract at this site so there may be further data breaches.
    I wonder how I can use this information in court to help defend the case? Or do I need to supply this additional piece of evidence now hoping that the case will be thrown out? Thanks
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
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    edited 12 September 2022 at 11:05AM
    You'd put it in your witness statement with attachments as exhibits and state the Claimant is the wrong party and the evidence suggests the various companies have been illegally sharing DVLA keeper data, which is expressly disallowed under the DVLA KADOE rules.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Just to post an update on here that DCB Legal emailed me and wanted to proceed with the claim case.
    Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

    In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

    Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on XXXXXXXX within 7 days and make immediate reference to this correspondence.

    If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.


  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
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    Standard guff, likely on the way to a discontinuation as many DCB Legal cases end up. Read this thread ....

    https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
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    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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  • hehazone
    hehazone Posts: 23 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Just to leave a comment here is that not long after a court date is set, they dropped the claim and case closed :) Thank you for everyone helps on this.
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
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    edited 10 October 2023 at 4:17PM
    hehazone said:
    Just to leave a comment here is that not long after a court date is set, they dropped the claim and case closed :) Thank you for everyone helps on this.

    Well done. Yay!

    A discontinuance = a win.

    ANOTHER ONE BITES THE DUST!

    Calling @Umkomaas to add you to the list...

    And we sincerely hope that you are au fait with the need to respond to the private parking draft Impact Assessment this month?


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Castle
    Castle Posts: 4,857 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    hehazone said:
    Just to leave a comment here is that not long after a court date is set, they dropped the claim and case closed :) Thank you for everyone helps on this.
    So nothing to do with the various data breaches then!
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