**NEWBIE** CCJ Set Aside Application and breach of Data by CEL/DVLA

Coupon-mad

Bazarius said:

@Coupon-mad - I will send you some documents that may be useful to your email address  tonight when I get home 

Thankyou! 

StealthLady

Coupon-mad said:

No don't reply to it.

BTW, £3k per PCN is far too high and not backed by case law. You'd be relying on cases such as:

Ferguson v British Gas (she got £2k plus costs)

Simon Clay v CE Ltd (a parking case: he got £200)

VCS v Ferguson (a VERY similar parking case to yours: he got £1500 I think but @Bazarius might recall it better and have the transcript to help you).

The laws you'd be relying on are IMHO:

- The DPA and UKGDPR 2018

- Misleading omissions. per the CPUTRS which was amended in 2014 to clarify that there is a consumer remedy for breach

- Protection from Harassment Act 1997

- Consumer Rights Act 2015

Thank you so much for this. I will make sure to do as you have said once I hear from the courts. 

They have sent yet ANOTHER email telling me I haven't responded to their other one and attaching the first. 

StealthLady

Bazarius said:

You will seek up to £3k compensatory damages for all breaches of the above and no more . 

I would throw in breach of a CPR rule (I can’t remember off the top of my head) for failing to do a simple check that  they have the correct and up to date address for the right person ( RK ). This is an abuse of process to knowingly (or ought to have known) issue claims against the wrong person. 

Also I would throw in Exemplary damages pursuant under CPR 16.4(1)(c) .  

@Coupon-mad - I will send you some documents that may be useful to your email address  tonight when I get home . 

Thank you so much for your help. As soon as I have heard from the courts I will update you 

StealthLady

Hi all
Right, just thought I'd update you as to what's been going on. 

Firstly, Coupon-mad was correct on the court charge. It should have been £15. Currently trying to get my money refunded. 

Secondly, after I called the courts as I'd heard nothing, I was told that no one had done anything with my case. (that's when I also found out about the incorrect charge). All documents were to be sent again. To say I was astounded that nothing was done was an understatement.

Thirdly, I had a visit from the HCEO yesterday. He took a photo of my document showing I had applied to stay the writ, and advised I have 14 days to pay. It's now £2400. He looked at the car and the car they are saying is mine and agreed they look different, but said it's DCBL and he cannot do anything more than not take anything today and suggested I pay it and then seek to claim it back.

I'm just recently out of hospital and on a walking stick. My blood pressure has gone through the roof and both mentally and physically, this whole saga has affected me. 

For those who don't know, the car they are saying is mine, is not. Totally different models and manufacturers and different registration numbers by 1 letter. 

So right now, I am going to contact the courts next week and advise again the urgency to get this resolved. 

I can't believe that the courts of justice played no justice in doing absolutely nothing for 5mths then only to find I overpaid anyway. 

I'll update you once I have more news. 

StealthLady x

Coupon-mad

StealthLady said:

Hi all
Right, just thought I'd update you as to what's been going on. 

Firstly, Coupon-mad was correct on the court charge. It should have been £15. Currently trying to get my money refunded. 

Secondly, after I called the courts as I'd heard nothing, I was told that no one had done anything with my case. (that's when I also found out about the incorrect charge). All documents were to be sent again. To say I was astounded that nothing was done was an understatement.

Thirdly, I had a visit from the HCEO yesterday. He took a photo of my document showing I had applied to stay the writ, and advised I have 14 days to pay. It's now £2400. He looked at the car and the car they are saying is mine and agreed they look different, but said it's DCBL and he cannot do anything more than not take anything today and suggested I pay it and then seek to claim it back.

I'm just recently out of hospital and on a walking stick. My blood pressure has gone through the roof and both mentally and physically, this whole saga has affected me. 

For those who don't know, the car they are saying is mine, is not. Totally different models and manufacturers and different registration numbers by 1 letter. 

So right now, I am going to contact the courts next week and advise again the urgency to get this resolved. 

I can't believe that the courts of justice played no justice in doing absolutely nothing for 5mths then only to find I overpaid anyway. 

I'll update you once I have more news. 

StealthLady x

Have you got your MP helping you and alert to this?

DO NOT PAY THE HCEO. Nonono.

kryten3000

This could end very badly for CEL and DCB Legal, I'm thinking NCP v Mayhook here.

ParkingMad

Coupon-mad said:

BTW, £3k per PCN is far too high and not backed by case law. You'd be relying on cases such as:

Ferguson v British Gas (she got £2k plus costs)

Simon Clay v CE Ltd (a parking case: he got £200)

VCS v Ferguson (a VERY similar parking case to yours: he got £1500 I think but @Bazarius might recall it better and have the transcript to help you).

The laws you'd be relying on are IMHO:

- The DPA and UKGDPR 2018

- Misleading omissions. per the CPUTRS which was amended in 2014 to clarify that there is a consumer remedy for breach

- Protection from Harassment Act 1997

- Consumer Rights Act 2015

Here is the thread about the VCS v Ferguson counterclaim mentioned above.

There are links to the judgment and the transcript.

https://forums.moneysavingexpert.com/discussion/6285333/vcs-hit-for-1-500-counterclaim-5-years-worth-of-harassment/p1

Coupon-mad

@StealthLady I've sent you a pm.

StealthLady

Coupon-mad said:

StealthLady said:

Hi all
Right, just thought I'd update you as to what's been going on. 

Firstly, Coupon-mad was correct on the court charge. It should have been £15. Currently trying to get my money refunded. 

Secondly, after I called the courts as I'd heard nothing, I was told that no one had done anything with my case. (that's when I also found out about the incorrect charge). All documents were to be sent again. To say I was astounded that nothing was done was an understatement.

Thirdly, I had a visit from the HCEO yesterday. He took a photo of my document showing I had applied to stay the writ, and advised I have 14 days to pay. It's now £2400. He looked at the car and the car they are saying is mine and agreed they look different, but said it's DCBL and he cannot do anything more than not take anything today and suggested I pay it and then seek to claim it back.

I'm just recently out of hospital and on a walking stick. My blood pressure has gone through the roof and both mentally and physically, this whole saga has affected me. 

For those who don't know, the car they are saying is mine, is not. Totally different models and manufacturers and different registration numbers by 1 letter. 

So right now, I am going to contact the courts next week and advise again the urgency to get this resolved. 

I can't believe that the courts of justice played no justice in doing absolutely nothing for 5mths then only to find I overpaid anyway. 

I'll update you once I have more news. 

StealthLady x

Have you got your MP helping you and alert to this?

DO NOT PAY THE HCEO. Nonono.

Not yet but that's a good idea. I will book an appointment tomorrow 

StealthLady

Coupon-mad said:

@StealthLady I've sent you a pm.

Thank you x