I sued a parking company and won

pinkelephant12

I sued Horizon Parking for breaches of data protection law and I was awarded a four figure sum in damages. 

I thought this would be useful as a separate thread as cases such as this are usually settled with gagging clauses, so we never find out the outcome.

Facts

I own a FREEHOLD house with exclusive use of an allocated numbered parking space identified in the title documents.  A permit scheme was introduced which was optional for property owners.  I opted out.  Horizon Parking was instructed not to monitor my space.  They acknowledged receipt of the opt out but ignored it.

During the summer of 2020, I received several PCNs for parking my own car in my own space without a permit.  This was approx. 2 metres from my front door.  All PCNs were cancelled but they caused a huge amount of worry and inconvenience as I had to keep appealing them. 

Horizon Parking were reported to the police for harassment and fraud by false representation.

DVLA and ICO weren’t interested and BPA found that there had been no breach of the Code of Practice, so it was down to me to hold Horizon Parking to account.

Litigation

I sent a letter before action in June 2021 and commenced legal proceedings in July 2021. The case was defended.

The main hearing took place in person in November 2022 at Chelmsford County Court (small claims track).  A director (who is also a barrister) and their legal and data protection manager (their witness) attended from Horizon Parking.  They were represented by Clyde & Co LLP Solicitors (presumably paid for by their insurance – a rep from an insurance company attended the next hearing) and their advocate was a Solicitors Agent from LPC Law.  I attended court alone.  Their defence was based on legal argument. The hearing bundle ran to over 500 pages.  The judge treated both parties fairly and didn’t give any clues as to his views. 

A reserved judgment was delivered in January 2023.  Deputy District Judge Walton found that Horizon Parking had processed my data when there were no grounds for doing so (Article 6 GDPR).  He accepted that I had felt ‘hounded’ at my own home.  He also found that they had failed to rectify their records when required to do so (Article 16 GDPR).  He identified FOUR occasions when they were told not to monitor my parking space/car including one where a regional manager had stated in writing that they would update their records.

I was awarded a four figure sum in damages (the full amount claimed), as well as costs.

Their application for approximately £17,000 in legal costs based on my 'unreasonable' behaviour was refused (I had refused to sign an oppressive settlement agreement and they wouldn't change the wording).

Leave to appeal was refused.

The damages and costs have been paid in full.

fisherjim

What a great post to read well done!

Trainerman

congratulations. Very well done

patient_dream

Brilliant  ,,,, I wonder what bright spark thought you were unreasonable when it was Horizon all the time

Costa-lot for Horizon and yet more proof, these companies are not fit for purpose

Very well done

pinkelephant12

@patient_dream They actually argued that a Notice to Driver was my fault because I hadn't gone out and physically stopped their operative from issuing it!

Galloglass

Transcript?

Coupon-mad

A reserved judgment was delivered in January 2023.  Deputy District Judge Walton found that Horizon Parking had processed my data when there were no grounds for doing so (Article 6 GDPR).  He accepted that I had felt ‘hounded’at my own home.  He also found that they had failed to rectify their records when required to do so (Article 16 GDPR).  He identified FOUR occasions when they were told not to monitor my parking space/car including one where a regional manager had stated in writing that they would update their records.

Woohoo!   Well done!  Massive respect.

And a reserved judgment not appealed, so you have the transcript of the Judge's actual findings free of charge!!  Is it now a Approved Judgment (no longer secret)?  Guess it must be, if they paid you.

PLEASE PLEASE PLEASE let us have that Judgment to use to help others. As the case is over the 'Approved Judgment' (once you have it) can now be released into the public domain as a court authority. This will be hugely helpful.

Cover your surname and car reg/home address and personal identifying details by all means but please let us use the Approved Judgment with claim number, date, court & Judge all showing... this one will help in many residential cases, not just freehold ones.

patient_dream

pinkelephant12 said:

@patient_dream They actually argued that a Notice to Driver was my fault because I hadn't gone out and physically stopped their operative from issuing it!

So sad .... losers

Grizebeck

Brilliant news

pinkelephant12

@Coupon-mad Apologies - I used a poor choice of words in my attempt to be concise.  The reserved judgment was given orally via CVP so I don't have a written transcript. 

The workings of the County Court are a complete mystery to me, even after spending the last year and a half trying to negotiate it.  

Grizebeck

pinkelephant12 said:

@Coupon-mad Apologies - I used a poor choice of words in my attempt to be concise.  The reserved judgment was given orally via CVP so I don't have a written transcript. 

The workings of the County Court are a complete mystery to me, even after spending the last year and a half trying to negotiate it.  

You should receive it in due course