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    • numps
    • By numps 8th Dec 17, 2:09 PM
    • 128Posts
    • 223Thanks
    Parking fine but not my car wrong ANPR details
    • #1
    • 8th Dec 17, 2:09 PM
    Parking fine but not my car wrong ANPR details 8th Dec 17 at 2:09 PM
    Hi all,
    I received a parking fine for parking in Sheffield on 1st august which is 2 hours away and I don't go there, with someones reg number which is a Y and not a V, not my car! I e-mailed them to tell them their mistake and was told to ignore anything while they investigated it. Now I have a court judgment in the post. I've also got video evidence I could not be in Sheffield and sent pictures of my car which doesn't have a sun roof, spoiler and its a different red! This is from minster baywatch and now Gladstones Really don't want a CCJ, so looking for help!

Page 5
    • nosferatu1001
    • By nosferatu1001 8th Jan 18, 10:46 AM
    • 2,759 Posts
    • 3,430 Thanks
    Yes, I would add:

    - damages for breach of the DPA - X
    - distress and harassment INCLUDING a bailiff letter (wtf!?! they should have TOLD their client to stop doing anything with this!) copy enclosed received X date dated Y date , of Y

    Pick say 250 for each.
    • numps
    • By numps 8th Jan 18, 6:32 PM
    • 128 Posts
    • 223 Thanks
    • nosferatu1001
    • By nosferatu1001 8th Jan 18, 8:25 PM
    • 2,759 Posts
    • 3,430 Thanks
    Put it all together
    Se what others think.
    • pappa golf
    • By pappa golf 8th Jan 18, 8:29 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    then use your 250-500 to sue the *** off the stupid **&^&*
    • Loadsofchildren123
    • By Loadsofchildren123 9th Jan 18, 2:22 PM
    • 2,140 Posts
    • 3,594 Thanks
    Yes try to do it all now and negotiate a figure. You could say nothing and just issue proceedings, but I think it will be far easier to negotiate something now (albeit you may get less):

    Try this for the last para:

    One more issue which we have not specifically corresponded about is your client's breaches of my rights under the Data Protection Act and its harassment of me under section 1 of the Protection from Harassment Act 1997, which is a criminal offence under section 2 of the Act. I am entitled to damages in respect of both and an undertaking from your client not to contact me again about this matter, either directly or through its agents.

    Your client would have no defence to such claims, having admitted that my details should never have been obtained from the DVLA because it made an administrative error, but nevertheless issuing and pursuing proceedings against me, obtaining judgment in default (all the while acknowledging that it had no claim), delaying its agreement to a set aside, and to make matters worse on [date] bailiffs were sent to my door by your client to collect the judgment debt which it is agreed is to be set aside. What on earth is your client playing at?

    I propose that we deal with these claims as part of the set aside order, and I am prepared (on a without prejudice basis) to settle them for damages in the amount of x in respect of its Data Protection Act breaches and x in respect of its harassment of me (a total of x). [you could ask for 750 for each, but you are more likely to get the money if you ask for less]. Payment should be made within 14 calendar days. I invite you to insert a clause to this effect.

    Please be on notice that if your client refuses to pay any sum in respect of those matters then I intend to issue a separate claim and I will seek the usual damages of 750 for the Data Protection Act breach and 750 for the Protection from Harassment breach.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
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