Not the Keeper nor the Driver

Coupon-mad

It's a bad trace and they MUST disclose the source and what they hold. More likely that the DRA hold this data though, not i-Park.

Pullmyfinger88

Thanks guys for your help. I will do as you suggested. I’ve also had a reply off DCB legal asking for my full name, address and date of birth so they can converse with me further 🙈  

They’re tenacious if nothing else. 🤣

Coupon-mad

You are right... they have nothing else...!

🤣

Pullmyfinger88

Good morning everyone 👋 

I had no more back re my request for SAR and it’s now 7 days with no discontinuance so I guess they’re going to keep pulling my chain. I think it’s time to start on my defence. 

Just a few quick questions please? Paragraphs 2 & 3 are quite simple for me aren’t they? I just have to add that I have never owned, hired, been registered keeper or was driving the car mentioned by the claimant.

Im going to counterclaim for distress. Does £500 sound like a plan? Is it a different process than emailing the template? I see on the money claim website (which I understand is to be used as read only now the AoS has been filed) that it forms part of the same form as disputing a claim but the template & emailing it to them doesn’t mention a counter claim.

Thanks in advance for your help.

Fruitcake

I suggest you don't counterclaim, unless you really, really know what you are doing. You can instead ask for standard costs when you win, plus additional costs for unreasonable behaviour, and costs for breach of data protection regulations. 

There are a couple of cases where motorists got £750, and another one got £200. I can't remember the details but the circumstances were different. 

There is a thread I saw only yesterday that quoted these cases. I'll see if I can find it. 

Fruitcake

Found the link I was looking for from a post by Anto_28


https://us.v-cdn.net/6031891/uploads/editor/w9/suid1qfwcw8h.pdf

This was Simon Clay v Civil Enforcement Ltd, where Mr Clay issued a claim against CEL for data breaches, and got £200.

The important thing is it refers to two other cases that you should research and include in your defence. "Those authorities are Vidal-Hall v Google, Inc. [2015] EWCA Civ and Halliday v Creation Consumer Finance [2013] EWCA Civ 333."

They can be found in para 25 of the judgment in the link above.

Pullmyfinger88

Thanks @Fruitcake That’s really good of you. I shall do exactly that.

Coupon-mad

Successful counterclaim threads are by:

@ellaro9

@Nosy

so click on those usernames and read their discussions in their Profiles.

You will see that it is possible to counterclaim but needs a proper argument in law. 

Fruitcake

The advantage of a counterclaim is that it prevents the claimant from discontinuing. The disadvantage is that it takes more work and is harder to do for the average layperson. That doesn't mean you shouldn't counterclaim, you just need to understand what would be involved.

Pullmyfinger88

Thanks @Coupon-mad & @fruitcake

Id love to prevent them from discontinuing, that’s the appeal of it. I’ll read those threads and see if it’s something I can navigate. If not, I’ll ask after I win. Because I shall be winning 🤣