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VCS/Excel Parking/DCB Court date upcoming, 28th May
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HI Coupon Mad - I have done a WS and I think I did a pretty good job, I have attached evidence that the car park has signs from Excel (as, oddly did DCB Legal!) I also have evidence of the lack of touchscreen that their court claim says I should have used, and the piece of paper i filled in. There's also all the standard defence relating to excessive charged from the profoma.
I paid £35 for a counterclaim, just to annoy them really, I fully expect that to get thrown out but I hadn't found this forum at the time and was a bit at a loss what to do.1 -
Great!
Well give it all a go and report back. Do not chat to their rep in the waiting room. Be polite but it's a "no, we'll speak before the judge"
Try for your counterclaim and/or a finding of 'wholly unreasonable conduct' which means you could claim all your costs. Say this:
It MUST be 'wholly unreasonable' for the wrong Ltd company to obtain my DVLA data and ultimately threaten, frighten then sue me, when they know the alleged contract isn't even in their name. Limited companies are different legal entities even if co-owned. They had ample opportunity to cancel or discontinue, even when putting together their evidence they should have seen the fatal problem re the signs and should have discontinued and reported themselves to the ICO for obtaining DVLA data over a car park that THIS Claimant doesn't even operate. That's illegal under UKGDPR 2018.
Take proof of your printing costs, hourly rate (how many hours spent on this?) and/or proof of taking a day off work because the CPRs allow for 'loss of leave'.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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