Biting back with a vengeance

doubledotcom

BTW, as far as I am aware, MCOL can be used against more than one defendant, but with important limitations:

• Defendant cap: MCOL only allows claims against up to two defendants.

• Jurisdiction: Both defendants must have an address for service within England or Wales.

• Addresses: You must input separate service addresses for each defendant (usually their registered office for companies).

• Claim form: The system generates one claim form listing both defendants. They will each get served separately.

• Procedure after defence: If one or both defend, the case will still be transferred to the your local county court in the usual way.

If you want to sue three or more defendants, you cannot use MCOL — you’d have to issue using paper N1 claim form sent to the Civil National Business Centre.

So in your case, if you are targeting CP Plus Ltd and Ranger Services Ltd, MCOL works fine. If you also wanted to include GroupNexus Ltd, you’d be outside MCOL’s limits and need to go via CNBC with a paper N1.

GettingOnInYears

Good solid advice there. Thanks again.
Having now given them until next Friday to come to an arrangement, I'm going to leave it set to that. Time isn't an issue for me - as apart from going in to visit my wife, I can take things as they come, in no specific order.
I honestly do want this to go to court though. 
I suspect that they won't make an appearance for - what to them is a trivial matter.
I know you mentioned aggravated damages not being part of the proceedings, however I got an amount of £1200 added in my win defending a claim against my wife's business against a Digital Direct claim for over £12k. I walked away with £3506.24. They didn't send anyone to state their case so the judge was very sympathetic. He initially advised that in cases like that, he generally only awards a bit of parking charges, postage costs etc which he said amounts generally to around £250. I put it to him that the egregious conduct of the claimant had been very stressful and had destroyed our plans of a Golden Wedding trip abroad. I had prepared a whole list of Direct Digital's misdeeds including them being found guilty in the Australian Supreme Court and fined 210K AUS $ for the same conduct they used in my wife's situation. 
He agreed and said, OK I'll add compensation for damage - or similar words - and allowed me my full costs that I presented, saying that I might have a job getting them to pay me. This was all based on costs and not as a counterclaim.
I gave them 7 days before I handed things to the bailiffs and on the last day they called me for my bank details.
So, I think - not expect but hope- that a similar scenario would work here especially when I will inevitably break into tears when my personal circumstances are brought in.
Nevertheless I acknowledge that your comments may prove to be the correct way to do things - but if I don't give it a go - I'll never know.
Thanks again for your words of wisdom
Actually, looking at the case details on Legal; beagles the additional compensation was for vexatious conduct - I think that would stand as the same as aggravated damages. The case was heard by Deputy District Judge Baird If you look at legal beagles and search for lynnzer you'll find the details.

doubledotcom

That is all very well, but is a unique circumstance. What carries across from your past win:

• Unreasonable behaviour costs: Small claims can award costs for a party’s unreasonable conduct (often labelled “vexatious” informally). That’s a costs remedy, not “aggravated damages.” It’s available here too—if they behave unreasonably after issue.
• Non-attendance leverage: If the defendant doesn’t turn up or engage properly, judges can be sympathetic and may award more (including costs for unreasonable conduct).

What does not carry across (important):

• “Aggravated damages” are rarely awarded on small claims and are not the same as unreasonable-behaviour costs. Keep them out of the PoC.
• Personal distress may support data-protection distress damages, but emotive presentation (e.g. tears) is not a strategy. Judges prefer clinical, fact-linked evidence of impact.

For now:

1. Hold the deadline you set. If they don’t accept by next Friday, issue via MCOL the next business day.

2. Quantum in claim: “Damages £1,000 for distress under ss.168–169 DPA 2018, interest under s.69 CCA 1984, plus the issue fee.”
   Optional: add “or such sum not exceeding £1,500.”

3. PoC discipline: Use the concise PoC suggested as drafted (material facts only; hooks to evidence). No exhibits. Serve within 14 days after deemed service if you tick “Particulars to follow.”

4. Costs posture: Keep one clean without prejudice save as to costs (WP-SaC) offer on file (you’ve done that). If they stonewall or run template denials despite their admission about the missing entrance sign, you’ll have a platform for unreasonable-behaviour costs at the end.

5. Mediation: Accept it. Be courteous, restate the offer, and note their prior admission. If they play games, it helps your costs position.

6. Prepare, don’t perform: In your witness statement (further down the line), set out: missing entrance sign (their admission), DVLA access date/time, why there was no reasonable cause, the anxiety caused, and how long it persisted. Keep it short, dated, and supported. No grandstanding; no SRA threats alongside settlement.

7. Expect attendance: Assume they will defend. Build the case to win on the documents, not on their (unlikely) non-appearance.

How to frame “vexatious” point properly:

• Don’t plead “aggravated damages.” Instead, keep a closing line in your WS and skeleton:
  “Given the defendant’s admission that no entrance sign was present and their refusal to settle, the claimant invites the court to consider costs for unreasonable conduct under the small-claims regime.”

Bottom line:

• Stop aiming for a repeat of a unique outcome. This case should be won on no entrance sign ⇒ no reasonable cause ⇒ no lawful basis ⇒ distress, plus a clean record of reasonableness to unlock unreasonable-behaviour costs if they mess about. Issue on time, keep offers tidy, and let the court see you did everything right.

GettingOnInYears

They haven't responded to my last email asking for out of court conciliation so ----
Claim filed online. I will send the full POC on Wednesday next week as that's when the SAR response time expires. It's another nail in the coffin when they don't respond