Not the Keeper nor the Driver

Coupon-mad

Pullmyfinger88 said:

@Coupon-mad. I have the full transcript from the search you mentioned yesterday and I downloaded it. 

I’m sorry but when you say append, I aren’t sure what you mean. Do you mean put the full transcript in my witness statement or send the full transcript as part of my bundle and also print it and take it to court on the day.

This is the change I made after you said to add it so it currently looks like this, the full transcript added at e);

4. Exhibited to this witness statement are the following attached documents which I will rely on to support the facts and arguments contained in this statement:

a) All correspondence received from and made to I Park Services Ltd.

b) All correspondence received from and made to DBCL.

c) Screenshots of my work schedule for 21/04/23 & 23/04/23 

d) V5 for my vehicle

e) Court transcript for Vehicle control services Ltd v Robert Ferguson (Case No.G2Z60G1)

I then have this at point 61….

61. Vehicle control services Ltd v Robert Ferguson (G2Z60G1)  (Attachment XXXXX)

This case is almost a carbon copy of mine. Mr Ferguson was an incorrect data subject but was harassed by Vehicle Control Services and the victim of numerous data breaches. He was pursued despite the fact that he knew nothing about it.

It is interesting to read in 12. of the transcript that “there will be a liability to pay compensation if the claimant ought to have known that the information that they were relying on was incorrect, and I have absolutely no hesitation in concluding based on the facts of this case, and the evidence before me that the claimant ought to have known”

Judgement was in favour of Mr Ferguson in the sum of £1,500, which Judge Hayward said he considered entirely reasonable, again reflecting the modesty of my claim.

It is ok like that?

Looks fine - but call your 'attachments' Exhibits.  Each one with your initials and a sequential number. 

Don't forget a signed & dated costs assessment sheet in the bundle (but that's not a numbered Exhibit as that word only means your evidence).

All exhibits must be emailed with the WS (appended means attached) and do it as one email to the local court hearings email address and visibly cc in DCB Legal.

If your bundle ends up over 50 pages (always paginate the bundle), print it as well - add the costs to your costs assessment - and hand deliver a well organised ring binder file (full bundle) to the court or post it (tracked) as long as you have time before your deadline.

DCB can settle for the emailed version but the court will only be OK with it, if it's not more than 50 sides to print.

Don't be late, as this case is worth £900 to you.  Make the bundle easy for the Judge to follow, as they might not have come across a counterclaim for compensation for distress, like this one.

And yes take at least one FULL printed bundle with you to the hearing on the day. I normally take two, in case the Judge hasn't got it all.

Add these extra bundle printing costs to your costs too because the C has acted "wholly unreasonably" which opens the door to printing costs and also extra costs for your time ... at £19 per hour.  Claim it all.  Add in the counterclaim filing fee you paid and add 'hearing fee as applicable, if paid by the Part 20 Counterclaimant if the core claim is discontinued late'.

Pullmyfinger88

Thank you soooooooo much @Coupon-mad ! I will do it all exactly as you say. 🥰🥰🥰

Last question, I promise 🙈The cost assessment sheet is N260? 

Coupon-mad

That's a lawyer's version. You can draw up a blank sheet as long as it follows the right format and is signed & dated.

Don't stint in your many hours of work on this case at £19 per hour, and the printing costs, given the full hearing transcript of VCS v Ferguson is 25 pages alone, and you will ALSO need to print the Judgment transcript separately (the hearing transcript doesn't include it). AND you other exhibits/emails AND you need to print the full transcript of Miss Ferguson v British Gas and include that as an Exhibit (like Mr R Ferguson did) because that's the Court of Appeal case law you are relying on.  

You should also exhibit the transcripts of Vidal Hall v Google and also Halliday, in case your Judge doesn't realise that claims can be made for damages for distress alone (no loss is needed).

You will need a copy of your entire bundle for the court now AND a couple of copies of the bundle for the hearing, to hand out in case anyone (the Judge or the C's sweating rep) bleats they haven't got it.

Ring binder x 3 as well.  Day off work? Loss of a day's leave? Travel or parking for the hearing.

Email the Claimant a copy of your bundle cc'd into the court email.  You may have to split it across a few emails...

Pullmyfinger88

Thanks @Coupon-mad. I’ve got a busy couple of days ahead🙈🙈🙈 

Fruitcake

Make your costs assessment as detailed as possible with a full itemised breakdown. Mr Ferguson may have lost out a little because he didn't do that.
Do add (estimated) cost of parking for the hearing. 

Bazarius

Fruitcake said:

Make your costs assessment as detailed as possible with a full itemised breakdown. Mr Ferguson may have lost out a little because he didn't do that.
Do add (estimated) cost of parking for the hearing. 

Mr Ferguson did have that in his bundle it came to about £207  but he panicked due to his PTSD he couldn’t stay  focused and ended up waving away those costs in the end  .  He did struggle at the hearing and I’m not surprised given the level of harassment he suffered throughout for 4 1/2 years and he was shot in the hip whilst on duty in NI  .  

Fruitcake

Bazarius said:

Fruitcake said:

Make your costs assessment as detailed as possible with a full itemised breakdown. Mr Ferguson may have lost out a little because he didn't do that.
Do add (estimated) cost of parking for the hearing. 

Mr Ferguson did have that in his bundle it came to about £207  but he panicked due to his PTSD he couldn’t stay  focused and ended up waving away those costs in the end  .  He did struggle at the hearing and I’m not surprised given the level of harassment he suffered throughout for 4 1/2 years and he was shot in the hip whilst on duty in NI  .  

I believe he had the total, but didn't have it broken down and became flustered when he tried to remember how the £207 was made up. The judge did what he could to help, but I think Mr F did lose out, possibly because he didn't have a detailed written list of the individual costs he incurred, which is what I am suggestion the OP should produce.

Pullmyfinger88

@Fruitcake & @Bazarius thank-you. @Coupon-mad has helped me with everything to claim for so it’ll hopefully all be there, now even the estimated parking, thank-you. Yeah, poor Mr F, I read the transcript and learned a LOT from it.

Pullmyfinger88

OK everyone, witness statement, evidence bundle, transcripts and cost summary have just been emailed to all concerned. A printed version will the with the court in the next few days. I’d like to thank you all for your help, guidance and input, especially @Coupon-mad . Hearing date is mid August. 

BikingBud

Sorry this might be a bit late on the proof reading side but:

70.  Lord Denning MR’s aptly described the concept of abuse of process in a dissenting judgment in the Court of Appeal case, namely Goldsmith v Sperrings and others [1977] 1WLR 478. He said at p.489:  “In a civilised society, legal process is the machinery for keeping and doing justice. It can be used properly, or it can be abused. It is used properly when it is invoked for the vindication of a man’s rights or the enforcement of just claims. It is abused when it is diverted from its true course so as to serve extortion or oppression: or to exert pressure so as to achieve an improper end.  When it is so abused, it is a tort, a wrong known to the law. The judges can and will intervene to stop it. They will stay the legal process, if they can, before any harm is done. If they cannot stop it in time, and harm is done, they will give damages against the wrongdoer. Sometimes abuse can be shown by the very steps being taken in the courts. At other times the abuse can only be shown by extrinsic evidence that the legal process is being used for an improper purpose. On the face of it, in any particular case, the legal process may appear to be entirely proper and correct. What may make it wrongful is the purpose for which it is used. If it is done in order to exert pressure so as to achieve an end which is improper in itself, then it is a wrong known to the law. This appears distinctly from the case which founded this tort. It is Granger V Hill 1838 4 Bing (NC) 212 which arose out of the old process of Capias. The plaintiff recovered damages for abuse of the process. It had been abused because it had had because it had been taken as Tindal CJ said at page 221, "to effect an object not within the scope of the process unquote": and as Bosanquet J said at page 224: the process was enforced for an ulterior purpose. ... I know that the remedy by staying the process is a strong remedy, and only to be exercised in exceptional cases. But there are cases in which justice may require it to be done. And then it should be done if the evidence is sufficient for the purpose." 

Not massive, in fact insignificant in comparison to some of the howling monkey speak we see from the "professionals".

Reading all of this I am amazed at the way this team continues to work and challenge the persistent and unethical abuse of process that we see from these pariahs. I am certain the stress and anxiety felt by all victims of their unscrupulous and predatory tactics mirror what we have in this case but when they continue to persecute innocent parties that are so obviously not the vehicle keeper or driver it goes beyond the pale. 

It really is well past the time that they should have been reined in by appropriate authorities. Apart from the counterclaim what can be done in terms of complaining to SRA or other regulatory body?


@Pullmyfinger88 go spank em!

👏👏👏👏👏