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

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Comments

  • StealthLady
    StealthLady Posts: 39 Forumite
    10 Posts Name Dropper
    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?
    Brilliant news @StealthLady, congratulations and well done to @Coupon-mad and @troublemaker22 !
    Yes definitely @troublemaker22 👍👍
    100% @Coupo@Coupon-mad Whatever I can do to help, I will be there to do so.
    If I don't respond here let @troublemaker22
    I'm ready to stand up and fight for all of us who have been treated disgustingly by these companies.

    You guys don't know me from Adam, but helped me like I was a friend. I'll never forget that. So anything I can do, I will xx
  • Coupon-mad
    Coupon-mad Posts: 164,501 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 July at 10:54PM

    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."

    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



    ParkingMad

    said:

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

    There are links to the judgment and the transcript.




    "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."

    30th July 2025:

    ***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.

    You guys don't know me from Adam, but helped me like I was a friend. I'll never forget that. So anything I can do, I will"


    *****************************************

    Hi again a year later!

    I really hope you still have your paperwork because that could now help see CEL fined by the consumer protection Regulator, and quite rightly IMHO.

    Please Google to read about the CMA's open letter to the parking industry last week. Read the news about it. You'll see!

    It is very relevant to you. Read what they are investigating Euro Car Parks for and you'll see it has similarities.

    Please, could you kindly take the time this week to read the news about the above and then email the CMA with your summary of issues, your photos and evidence?

    CMA Contact emails (use both, the first one goes directly to their parking investigation) :

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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