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

Bazarius

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 . 

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