Court Order Won against VCS but still issuing PCN's

HotMess55

Good morning,

Private Parking Spaces patrolled by VCS on instruction from block management co.

Challenged VCS in court and won a Court Order preventing them from issuing any further PCN's on my spaces.

They are back - 3 PCN's to date since Court Order issued, one has been paid by a terrified visitor to property.

VCS in Breach of Court - what do I do now as I want to get my friend their money back ???

Many thanks
HM

Half_way

Where to start?
Who instructed the parking company to patrol the area?
That's where you stay, and where you look to for a refund+costs

Fruitcake

You and the visitor can make a claim against VCS and the block management company for breach of the court order and breach of the DPA 2015/GDPR 2018. You and they need to start with an LBC/LOC. Don't use the term "without prejudice" unless you really (really) know what it means.

You should also instruct the DVLA to stop selling your personal data to unregulated PPCs and include a copy of the court order.

You should complain to your MP and the visitor should complain to theirs.

Grizebeck

Please post up the entire court order.
Depending on the court order depends on action needed
Sorry but no one should be terrified. Thats way over egging it.

HotMess55

  Attached with thanks

Coupon-mad

That's not a court Order 'preventing' VCS from issuing PCNs; not as such.  But it is a finding of fact that the bays are demised under a long lease and that you have 'exclusive use' of your bay.

The victim who paid 'in terrorem' would have to file a claim against VCS and show evidence including that this was your bay they were in, and that you have exclusive use and can therefore decide who parks there.  A WS from you will assist.

The victim could add £250 for misuse of their data (that VCS should never have had).  This case might be one that @bargepole may be able to assist with, like in this case:
https://forums.moneysavingexpert.com/discussion/comment/79329820/#Comment_79329820

HotMess55

I might add that I counter sued for Trespass and for Pecuniary Loss; stating that VCS were operating a Business from my property being the 'Landholder'.
Not surprisingly, this wasn't upheld as I had not suffered loss.
Which is probably why the Court Order is worded as such.

Many thanks for you time and advice 

Fruitcake

You haven't suffered any loss by VCS operating a for profit business on your demised property, but you do not have to demonstrate a financial loss where a breach of the DPA 2015 and/or GDPR 2018 has occurred for the courts to award monies to you for unlawfully obtaining and processing your personal data, and that of the visitor.

Grizebeck

I would personally issue a claim