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

StealthLady

kryten3000 said:

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

I hope it does. It will be two years in August since this began and even with the documents sent to the court and them, they refused to correct their ignorance. 

I intend to put in a complaint against their solicitor too as she signed to state she believed the facts were true. Well how can you when you can clearly see the two cars are different and don't have the same registration number? There was no contract between them and myself amd I have been hounded for two years for 4 parking charges that were never mine to begin with. 

StealthLady

ParkingMad said:

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

Oh thank you so much for this. It's exactly the same scenario as mine but I'm 2yrs to their 5yrs. 
I cannot believe they are allowed to get away with this. The judges need to hit them hard where it hurts most - their finances. 
They just don't care who they affect and it's all about money for them. 

Coupon-mad

Hopefully you've now got help, per my pm.

  

StealthLady

Coupon-mad said:

Hopefully you've now got help, per my pm.

  

Will chase again as not heard back from my reply. 

Good news I have the hearing on 29th July 🤞

StealthLady

Quick update:

So, it's £313 I had to pay to the court 🙈 I'm still trying to get my refund for the £303 paid in October and the £15 this year. 

I now have a hearing date on 29th July to stay the writ. 

Is there anything I need to take with me? It's an attending hearing and should be 15mins according to their letter. 

Also, if it is granted, what is my next stage? And also, does CEL/DCBL need to request the CCJ be removed from my file?

Thanks all x 

Coupon-mad

StealthLady said:

Coupon-mad said:

Hopefully you've now got help, per my pm.

  

Will chase again as not heard back from my reply. 

Good news I have the hearing on 29th July 🤞

Check you sent it to the right email because he will help you.

StealthLady

***UPDATE ON HEARING***

I WON 😁👍

I cannot thank those of you who took the time to help me and offer your advice, enough. 

23mths of this nightmare, and it took less than 3mins for the Judge to approve my application to Stay the Writ and overturn the default judgement. 

DCBL retracted on Friday - 2 days before the hearing - and signed to admit I should never have been chased for these PCNs.

£1750 is awarded to me of which £854 goes to charity and the remaining is my costs (£313 to file N244) and my expenses/time.

I have had an acknowledgement from CNBC to say they did indeed let me down on several occasions and they have apologised. They will be refunding the original £303 paid plus the £15 sent this year.

The next stage for me now is to sue CEL/DCBL for harassment and 4x breaches under GDPR. I shall update you as to what happens there too. 

Special thanks to @Coupon-mad and @ParkingMad  

ParkingMad

Brilliant news @StealthLady, congratulations and well done to @Coupon-mad and @troublemaker22 !

Coupon-mad

I knew about this one!

Well done @troublemaker22 who was the mover and shaker behind this outcome & costs. And no doubt is helping with the planned claim for damages.

ANOTHER ONE BITES THE DUST!

And @StealthLady I hope you will join us to respond to the Government Consultation which is now open but we'll be discussing further in August?

StealthLady

ParkingMad said:

Brilliant news @StealthLady, congratulations and well done to @Coupon-mad and @troublemaker22 !

Yes definitely @troublemaker22 👍👍