Biting back with a vengeance

Coupon-mad

Not sure you can send paper court claims to Northampton? I thought they handled MCOL cases only and if you wanted to do it on paper (rather than via MCOL) it had to be via Salford, or are they now amalgamated offices?

ChirpyChicken

Coupon-mad said:

Not sure you can send paper court claims to Northampton? I thought they handled MCOL cases only and if you wanted to do it on paper (rather than via MCOL) it had to be via Salford, or are they now amalgamated offices?

Yes all amalgamated now 

GettingOnInYears

I'm busy redrafting and have really shortened the para 1-24 and 53 -70. I have eliminated a good bit of stuff that doesn't conform to CPR 16.4,
However to shorten some of the more applicable things I have simply mentioned them and referenced them to annexes and the same points in the witness statement. Would that be acceptable

GettingOnInYears

in cpr 16.4 does concise mean that instead of explanation there can be a reference to items already mentioned in the witness statement

Coupon-mad

The witness statement comes much much later.

doubledotcom

The PoC could easily be distilled down to a single page. Everything else that is waffled on about in the original can be left for WS and skeleton.

Why not use MCOL to submit the claim. You can submit the detailed PoC by post to arrive within 14 days of the claim. In MCOL just tick “Particulars to follow”. That will allow you to input up to 945 characters. Use the following for brief PoC in the webform:

Claim for damages for unlawful processing of personal data contrary to UK GDPR/DPA 2018. On 8 Feb 2025 at Castle Dene, no compliant entrance sign; nonetheless the Defendants obtained and used the Claimant’s DVLA keeper data. No reasonable cause; no lawful basis under Art 6(1)(f); breaches of Art 5(1)(a)–(b). Damages for distress £1,000, interest under s.69 County Courts Act 1984 from the date of DVLA access, and the issue fee. The Claimant will serve full Particulars of Claim within 14 days of service of the claim form.

Then you could simply post a single page, more detailed PoC, first class with a free certificate of posting, in case they try to rebut the presumption of delivery.

1. The Claimant received a Parking Charge Notice dated 8 February 2025 at Castle Dene Shopping Centre, Peterlee. On the material date the vehicular approach to the relevant area lacked a mandatory entrance sign. A subsequent appeal was allowed for inadequate/unsupported signage. Dated photographs and the appeal outcome will be produced at trial.

2. DVLA records confirm that Ranger Services Ltd obtained the Claimant’s keeper data in relation to the above PCN, stated to be on behalf of CP Plus Ltd. The DVLA disclosure will be produced.

3. The Claimant will rely on later photographs showing installation of a new entrance sign months after the event, corroborating the absence of a compliant entrance sign on the material date. These will be produced.

4. Roles (pleaded in the alternative):
   (a) CP Plus Ltd acted as data controller and Ranger Services Ltd acted as its processor/agent in obtaining and using DVLA keeper data; or
   (b) Ranger Services Ltd acted as an independent controller using its own DVLA access; or
   (c) both acted as joint controllers.
   Liability is joint and several in each alternative. Supporting materials will be produced.

5. Unlawful processing (UK GDPR/DPA 2018): the Defendants had no reasonable cause to obtain or use the Claimant’s DVLA data because, absent a compliant entrance sign, no enforceable parking contract could arise. Any reliance on Article 6(1)(f) failed the necessity and balancing test, and the processing breached Articles 5(1)(a)–(b) (lawfulness/fairness and purpose limitation). The “reasonable cause” requirements in the DVLA KADOE arrangements will be relied upon; the relevant clauses will be produced.

6. By obtaining and/or using the Claimant’s personal data without a lawful basis the Defendants contravened UK GDPR and the Data Protection Act 2018, causing distress. Particulars and supporting materials (including DVLA records, photographs of approaches/signage, and correspondence) will be produced at the witness statement stage.

Remedy

Damages of £1,000 for non-material damage (distress) under ss.168–169 Data Protection Act 2018 (or such sum as the Court thinks fit not exceeding £1,500); interest pursuant to s.69 County Courts Act 1984 from the date of unlawful DVLA access (to be evidenced); the issue fee; and such further relief as the Court thinks fit.

Statement of Truth

I believe that the facts stated in these Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

GettingOnInYears

That is the ideal scenario. Again - I was up at 4 this morning trying to put everything together and with no expertise in this stuff was already on page 6. God bless you. One problem though ... MCOL can't be used for multiple defendants so I need to post it.
I presume the witness statement will need to be padded out though to incorporate everything including all the agonising personal distress stuff