Suing a PPC

PDJAM

Hi Everyone,

I am currently in the process of litigation against a PPC for a data breach under UK GDPR. After experiencing a significant delay due to the disappearance and reissuing of my DQ, I have finally received notice of transfer of proceedings to my local court.

In brief context, I have been the owner of a leasehold property since the late 1980's and in 2003, I and other leaseholders bought the land from the developer and we each acquired a share in the newly created freehold company.

In 2017, following a request from the freehold company directors, the managing agent (MA) was asked to engage a new parking operator to enforce parking controls on our site. (I think the site has had a PPC operating since around 2008 but leaseholder have never been offered a vote on the engagement of a PPC and our leases have not been amended to include parking controls. I have since had my demised parking bay removed from scheme)

In 2022, I received a PCN for stopping outside my property on double yellow lines. I appealed (Jopson vs Homeguard) and named myself as driver. Despite being told by the MA that I am a leaseholder this was ignored and I further argued that I have no contractual agreement with the PPC due to the primacy of my lease, however, they persistently threatened legal action against me which escalated to a letter before claim back in the middle of 2022. The current directors of our freehold company later requested the PPC cancel the PCN and cease all legal action against me but they have ignored this request. To date, I have not received an actual court claim for the PCN.

However, I have become aware that the PPC has shared my personal data with seven other organisations, both directly and indirectly. This has resulted in threats of a CCJ which would damage my credit worthiness. This has caused me considerable and ongoing distress. Consequently, I am seeking non-material damages from the PPC for their actions by breaching UK GDPR Article 6 (1) (a) (b) (f).

Privately, I have received invaluable assistance, support, and encouragement from a forum member who successfully won their own data breach case, despite having no legal training.

Although they have very kindly offered to continue helping me I don't want to be a burden when they are very busy themselves. As my own case progresses I really hope that I can also receive feedback and benefit from the knowledgeable members on this forum.

To be continued.......

Coupon-mad

Very good.  Power to your elbow.

There's a similar one where the OP is the claimant on the forum last month. I can't recall the username but they have a hearing date I think.

Debszzzz2

PDJAM said:

However, I have become aware that the PPC has shared my personal data with seven other organisations, both directly and indirectly. This has resulted in threats from third-party organisations of a CCJ and damaging my credit worthiness which has caused me considerable and ongoing distress. Consequently, I am seeking non-material damages from the PPC for their actions by breaching UK GDPR Article 6 (1) (a) (b) (f).

As a matter of interest, how was your credit worthiness damaged? Were you sued by one of these companies and you received a CCJ which wasn't paid within 30 day?

As far as I am able to understand the process, a threat of a CCJ or threatening letters from third parties such as debt collectors, on their own, cannot damage your credit worthiness. Only upon losing a debt claim in court and not paying the claim within 30 days results in a CCJ being lodged against your credit file.

Even if you were to receive a CCJ, as long as it is paid in full, usually within 30 days of judgment, it is expunged from your credit record with no trace.

PDJAM

Debszzzz2 said:

PDJAM said:

However, I have become aware that the PPC has shared my personal data with seven other organisations, both directly and indirectly. This has resulted in threats from third-party organisations of a CCJ and damaging my credit worthiness which has caused me considerable and ongoing distress. Consequently, I am seeking non-material damages from the PPC for their actions by breaching UK GDPR Article 6 (1) (a) (b) (f).

As a matter of interest, how was your credit worthiness damaged? Were you sued by one of these companies and you received a CCJ which wasn't paid within 30 day?

As far as I am able to understand the process, a threat of a CCJ or threatening letters from third parties such as debt collectors, on their own, cannot damage your credit worthiness. Only upon losing a debt claim in court and not paying the claim within 30 days results in a CCJ being lodged against your credit file.

Even if you were to receive a CCJ, as long as it is paid in full, usually within 30 days of judgment, it is expunged from your credit record with no trace.

They unlawfully shared my private data which resulted in contact from a debt collector and a firm of solicitors threatening a CCJ which they say would damage my credit worthiness.

Debszzzz2

PDJAM said:
They unlawfully shared my private data which resulted in contact from a debt collector and a firm of solicitors threatening a CCJ which they say would damage my credit worthiness.

I understand your concern. However, threat of a CCJ, in and of itself, cannot damage your credit worthiness. Only after a claim has been served and either not defended or having eventually lost the case at a hearing before a district judge, can a CCJ be issued. As already stated, if it is paid within 30 days of issue, it is expunged from your credit record and, for all intents and purposes, never existed.

The unlawful sharing of your personal data is, of course, a different matter.

PDJAM

I am the applicant (litigant in person) and the defendant is using a legal firm. I have received an allocation at my local court but I would be grateful if someone could please clarify the bold term below:

The parties should agree to an indexed, paginated electronic trial bundle and any indexed paginated electronic authorities bundle; and

One party (which shall be the Claimant in default of agreement otherwise) shall email the electronic bundle to the court at ************* and other parties no less than 3 days and no more than 7 days before the hearing date.

Many thanks.

Whatever2023

It’s unusual for communal areas (access road with double yellow lines) to be included in a residential lease as usually only applies to an allocated parking bay.

Coupon-mad

PDJAM said:

I am the applicant (litigant in person) and the defendant is using a legal firm. I have received an allocation at my local court but I would be grateful if someone could please clarify the bold term below:

The parties should agree to an indexed, paginated electronic trial bundle and any indexed paginated electronic authorities bundle; and

One party (which shall be the Claimant in default of agreement otherwise) shall email the electronic bundle to the court at ************* and other parties no less than 3 days and no more than 7 days before the hearing date.

Many thanks.

You are the Claimant if you are suing a PPC, so email the solicitors and give them a deadline to provide any electronic authorities bundle (tell them service is not acceptable by post) that they want included along with their client's WS.

Don't let them do the bundle as YOU want to be familiar with the page-numbering and order of the joint bundle you produce.  Keep control of the case.

PDJAM

Thanks both. The hearing is in 5 months so what would you propose as a fair deadline for them to send their bundle?

Coupon-mad

The month before.  

PDJAM

Hi All,

I'm starting to draft my data breach WS, but the initial version has all of the correspondence that has been exchanged between myself, the PPC, their Solicitor, our Managing Agent and the Directors of our Freehold Management Company, both before and after my data was shared. This includes emails and letters arguing why the debt with the PPC is denied, rather than just concentrating on the data breach element. 

My thoughts behind including everything were that I may need to reference some of these communications in court, as some make references to my Primacy of Contract and Quiet Enjoyment. However, I don't want the judge to get lost in a sea of paperwork, arguing the rights and wrongs of the parking charge, rather than the crux of the matter, which is proving I had no contract with the PPC.

On the day, my task is to prove to a judge that I had no reason to enter into a secondary contract with a PPC, that is not a party to my lease, and therefore they did not meet the requirements of UK GDPR to process my data.
 

My questions is: should I include everything just in case (quite a sizeable WS) or only my lease agreement and any correspondence prior to the point the PPC shared my data, thus proving they were aware that I was a leaseholder with pre existing rights. I will also evidence further unlawful sharing and processing to several other organisations as a result of the SAR's sent to the Debt Collector and Solicitor and any other comms between parties after sharing but in relation to the data breach element only.

Also, another question if I may: Ignoring Homeguard vs Jopson for a moment, if a leaseholders vehicle is stopped on double yellow lines on the private development accessway and the PPC issues a £100 parking charge because the PPC signs say all vehicle must be parked in a bay displaying the corresponding permit. Is the PPC offering the driver parking on the accessway in exchange for £100 (even though this may not be allowed in the lease) or is the PPC issuing a penalty for stopping on DYL on the accessway?

Many thanks in advance for assistance in this matter.