Claim Form - Small Claims Court - Britannia Parking

Umkomaas

Hotel reception manager claimed they contacted Brittania parking who were going to contact BW Legal and see if they would drop the case. Obviously that was a load of !!!!!!, so I stopped talking to them.

Talking to them was a prime error. Anything and everything you needed to say to them should have been in writing. 

chad888

Umkomaas said:

Hotel reception manager claimed they contacted Brittania parking who were going to contact BW Legal and see if they would drop the case. Obviously that was a load of !!!!!!, so I stopped talking to them.

Talking to them was a prime error. Anything and everything you needed to say to them should have been in writing. 

It was all in email.

Email 1 from the hotel stating they will speak to Brittania to see what they can do.

Email 2 from the hotel stating Brittania will speak to BW Legal about dropping the charge.


Would that constitute evidence? It wasn't in my defence as they emailed this after I'd filed my defence...therefore, is it admissible?

Coupon-mad

Of course.

Umkomaas

chad888 said:

Umkomaas said:

Hotel reception manager claimed they contacted Brittania parking who were going to contact BW Legal and see if they would drop the case. Obviously that was a load of !!!!!!, so I stopped talking to them.

Talking to them was a prime error. Anything and everything you needed to say to them should have been in writing. 

1. It was all in email.

Email 1 from the hotel stating they will speak to Brittania to see what they can do.

Email 2 from the hotel stating Brittania will speak to BW Legal about dropping the charge.


2. Would that constitute evidence? 3. It wasn't in my defence as they emailed this after I'd filed my defence...therefore, is it admissible?

1. That's good. 

2. Yes
3. You'll be able to slide it quietly into your Witness Statement.  If the Claimant's advocate is sharp enough to spot it (but most of them only receive the bundle the night before, and likely only skim read), let them bring it up with the judge, see what he/she has to say. But the hotel's intention is clear to read. 

B789

Email 1 from the hotel stating they will speak to Brittania to see what they can do.
Email 2 from the hotel stating Brittania will speak to BW Legal about dropping the charge.

Clearly a case of the tail wagging the dog.

chad888

I sent my DQ off via email a couple weeks back, and recieved their one via post.

It was still addressed to my old house, and was caught in the redirection.

I've lived here for 6 months now and I've already paid £80 in redirection to catch these letters (they're the only ones I recieve). I'm not paying another lot.

They have my current address, its on all my car/license paperwork, it's been on every single message and document sent to the CCBC and to them, i've specifically emailed everybody stating to use my new address. Yet they still keep sending all letters to my old address.

IF they send the evidence pack to the old address too, what is my recourse? I'm going to be fighting a claim with absolutely no information on, with the claimant sending paperwork 300 miles away, with all the knowledge that it is not my house.

B789

When you informed them of your new/current address, did you order them to "erase" your old address? Emphasis on "erase" is for a reason. You need to email the DPO of the solicitors. the PPC and the courts. Try something along these lines;

Dear [DPO's Name],

I am writing to insist that my old address [insert address] be erased from your records. I no longer live at this address and it is no longer relevant. As per my rights under the General Data Protection Regulation (GDPR), I hereby exercise my right to erasure. I will not repeat my previous correspondence where I provided you with my current address for service of any correspondence.

You must confirm in writing when this has been done and provide me with details of the process you have followed to ensure that all data relating to my old address has been permanently deleted from your systems. Please note that failure to comply with my request will result in a formal complaint to the Information Commissioners Office.

I expect full compliance and confirmation that you have complied with this matter.

Yours sincerely,


[Your Name]

The consequences of not complying with a valid request for erasure can include penalties and fines under the GDPR. It is the DPO's responsibility to ensure that they comply with data protection regulations and respond to your request in a timely manner. 

KeithP

Yes, send an email along the lines of that described by B789.

However, I can see no reason for not supplying your current address again. To not do so strikes me as nothing more than obstructive.
It's only a few more words - supply your new address again.

chad888

Received letter today from Plymouth County Court - 

It is ordered that:-

1. The Claimant shall file and serve a detailed particulars of claim by 4pm on 6th July
2. Defendant shall send a defence to the above by 4pm on 20th July


I have previously emailed BW Legal with my requirement to remove my old address and add my new one, haven't had a response yet.

What do I do if they serve that particulars of claim to my old address, 200 miles away? How do I respond to them, or the court? Do I include all of the information in my defence, including my license and V5C which show my actual address?

Coupon-mad

You email the LOCAL court (not the CCBC, obviously) on 7th July if no detailed POC are served. Invite the Judge to strike out the claim.

If they do serve it to you, then the Judge is allowing you to amend your defence which you must do, replying to the allegations in the new POC.

No evidence yet, that comes at WS stage.