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Mil Judgement
Hexx
post Mon, 19 Mar 2018 - 11:41
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Good Morning. I used to post on here as farmerboy but had to drop out for personal reasons a year back and havent been able to log back in with my old details so Im starting over. A friend has received a judgment from Mil Collections. She received a non compliant LBA in December but never received the claim form only the judgement. I am putting the defence together and will submit the N244 form this friday and the £255 set aside fee.

1. Do I include with the N244 at this stage any other documents eg the D Dunsford email from Feb 2017 re: date Protection and Kadoe Breach or is this for later? Is it just a paragraphed defence with nothing else at this stage?

2. foi@dvla.gsi.gov.uk. Is this the correct address to complain to the DVLA?

3. How do I go about wording the retrieval of the £255 from the court or Mil?

4. Should I contact Mil referencing Champerty and Maintance and asking for the signed and dated Deed of Assignment between them and Llawnroc Parking and their permission from the DVLA that has allowed them to pursue my friend?

Thanks in advance.
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post Mon, 19 Mar 2018 - 11:41
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Spudandros
post Wed, 4 Jul 2018 - 10:34
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QUOTE (SchoolRunMum @ Wed, 4 Jul 2018 - 01:58) *
Very good!

Thanks for the update - which Judge and which Court, please? MIL have no chance because the DVLA have confirmed parking firms can't sell them data like this, assuming Llawnroc Parking got your friend's data from the DVLA in the first place.


Surely any claim would be against Llawnroc for selling the debt?

This post has been edited by Spudandros: Wed, 4 Jul 2018 - 10:34
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Hexx
post Wed, 4 Jul 2018 - 11:38
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QUOTE (SchoolRunMum @ Wed, 4 Jul 2018 - 01:58) *
Very good!

Thanks for the update - which Judge and which Court, please? MIL have no chance because the DVLA have confirmed parking firms can't sell them data like this, assuming Llawnroc Parking got your friend's data from the DVLA in the first place.


Truro Court and the judge was DJ Taylor.
Mil are literally less than 5 mins away. I hand delivered the witness statement to them the previous week. Theyre not listed on the intercom on the main entrance to the Palace Building but are at an unmarked side entrance.
Yes they applied for the keeper details from the DVLA.
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SchoolRunMum
post Wed, 4 Jul 2018 - 15:32
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QUOTE (Spudandros @ Wed, 4 Jul 2018 - 11:34) *
QUOTE (SchoolRunMum @ Wed, 4 Jul 2018 - 01:58) *
Very good!

Thanks for the update - which Judge and which Court, please? MIL have no chance because the DVLA have confirmed parking firms can't sell them data like this, assuming Llawnroc Parking got your friend's data from the DVLA in the first place.


Surely any claim would be against Llawnroc for selling the debt?


Yes it would.

Glad to see this OP didn't throw money at a lay rep seeking money, kudos and publicity - unnecessary in any MIL case.
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Hexx
post Fri, 10 Aug 2018 - 10:46
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Morning to everyone!!
Update on this one.

I submitted the defence and Mil couldnt be bothered and discontinued. We're going to chase MIl for the £255 set aside fee and I sent a letter a last month back requesting various pieces of information (permission from the DVLA to sell my friends data. the deed of assignment, compliant LBA etc) and they failed to reply within 30 days under GDPR.

The last court order setting out the orders for the final hearing stated 'No order for costs'. When I brought up the costs reserved order at the set aside hearing the judge said that would be dealt with at the final hearing which of course never happened.
I've spoken to the court and they said I could make an application to the judge for the claiming back of costs but that would cost us £255!!!!!

My question is as we're pursuing MIl and will make a claim against them if they dont pay the £255 should we claim from them £750 for data protection fails and not adhering to the new GDPR rules or make a separate claim against LLawnroc?
Thanks

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nosferatu1001
post Fri, 10 Aug 2018 - 11:43
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Yes, but that applicaiton itself would be added to the costs bill
You could apply for a hearing on papers - its straightforward!
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emanresu
post Fri, 10 Aug 2018 - 14:56
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QUOTE
I've spoken to the court and they said I could make an application to the judge for the claiming back of costs but that would cost us £255!!!!!


Or you could raise a new claim for £25 - £25 for those costs, your time, and their abuse of your personal details. If you widen your approach, it would cost you less and have more chance of success. MIL would need to defend/explain or pay up.

Depends if you want to spend the effort


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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Hexx
post Tue, 14 Aug 2018 - 14:25
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QUOTE (nosferatu1001 @ Fri, 10 Aug 2018 - 12:43) *
Yes, but that applicaiton itself would be added to the costs bill
You could apply for a hearing on papers - its straightforward!


I understood that would be added to their costs its more the absurdity of it that Im commenting on.




QUOTE (emanresu @ Fri, 10 Aug 2018 - 15:56) *
Or you could raise a new claim for £25 - £25 for those costs, your time, and their abuse of your personal details. If you widen your approach, it would cost you less and have more chance of success. MIL would need to defend/explain or pay up.

Depends if you want to spend the effort



Going to contact Mil, remind them that they still havent replied to various questions or supplied documents we asked for which theyre supposed to supply under the new GDPR rules and tell them to give us the £255 + costs on court parking, stamps etc. If they dont we'll issue a claim.
We're going to go after LLawnroc too for improper use of the registered keepers details.
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emanresu
post Tue, 14 Aug 2018 - 15:34
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QUOTE
We're going to go after LLawnroc too for improper use of the registered keepers details.


You might just tip them over. Net Assets to May 2018 £ -208.

These are really tinpot companies working with a tinpot debt collector. Problem is that people believe them and the courts can't deal with them as they are set up at the moment.

This post has been edited by emanresu: Tue, 14 Aug 2018 - 15:35


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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Hexx
post Thu, 6 Dec 2018 - 01:34
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Up date on this one. Time to issue a Letter before Claim. Mileventually replied to our GDPR request after they claimed they never received it. We gave them a 15 day extension before issuing a letter before claim letter which they complied to by sending all the paperwork we already had!! No Deed of assignment, permission from the DVLA, case review notes etc. They responded to our demand for the set aside fee by sending a patronizing and condescending letter threatening a counter claim. Nice!!
Can someone point me in the right direction to guidance on putting together a Letter before claim letter that is compliant!!
Thanks
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SchoolRunMum
post Fri, 7 Dec 2018 - 22:07
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Here you go:

https://www.which.co.uk/consumer-rights/let...ims-court-claim

HTH
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