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Received claim form from Civil Enforcement Ltd -defence and counterclaim..
supermancss
post Tue, 4 Dec 2018 - 21:04
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In brief, a free car park is provided to visitors and patients at a Doctor surgery.

A PCN was issued via ANPR for failing to register the number plate on their system using a Ipad or similar device inside the surgery.

Appeals followed through, threats from ZZPS and QDR solicitors about court action etc. All stages the same was repeated and proof given that we were legitimate users of the surgery.

I went and visited the site in question, took the photos of the signage into the car park and the 'terms and conditions'. The terms and conditions, well.. dont exist! See the photo.

Just submitting in a second the defence and counterclaim on as many grounds as I can think of. Clear vexatious litigation, harassment, data protection breach for passing info to ZZPS and QDR solicitors. Mental pain and suffering through the stress and anxiety caused.

Total for compensation will be £500 (to keep my counter claim and trial fee (LOL! Wont ever get to trial!!) down as low as possible). Then costs on top. Ive written and offered them to withdraw the case with no further action but the offer has been ignored.

I will keep things updated for others to follow and cheer along.

Feel free to share any tips, first time i've had to deal with a parking company at court litigation stage. Confident and in County Court fairly regularly anyway, so not intimidated but quite enjoying the experience from now onwards.

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This post has been edited by supermancss: Wed, 5 Dec 2018 - 00:01
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post Tue, 4 Dec 2018 - 21:04
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supermancss
post Tue, 5 Feb 2019 - 12:10
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Trial fee now paid and hearing date set for later in the month.

Civil Enforcement almost late filing again, did it for the deadline date for exchange of docs. I posted to them few days before and to the courts.

They keep reitering that they are dispointed I didn't take up their offer to discontinue after they discontinued as a gesture of goodwill. Stating back to my previous post;

That they discontinued 4th December 2018 and told their 'customer' ie land owner.
They say in their witness statement they use an automated software and 'attempted' to discontinue .
4th jan, they demanded that I discontinue as they had already done so. then on 9th Jan they actually did discontinue, the witness statement says there was an error. They have written again, expressing their disappointment that they've not had us agree to discontinue!

They have informed ourselves and the court that "Ashley Cohen" will not be attending, shame.. but a representative or counsel will attend on their behalf.

Anyone able to answer any queries regarding DPA principles:

The Data Protection Act sets out eight principles. These are that information is:
Used fairly and lawfully
Used for limited, specifically stated purposes
Used in a way that is adequate, relevant and not excessive
Accurate
Kept for no longer than is absolutely necessary
Handled according to people’s data protection rights
Kept safe and secure
Not transferred outside the European Economic Area without adequate protection

Specifically the "Used in a way that is adequate, relevant and not excessive" - Evidence provided of no breach of alleged contract provided each step of the way, but continued to share data to other parties and ultimately apply to court later on.

Notably CEL state nothing about letters I have sent to them in their witness statement, they exhibit letters they have sent to us. Most were disposed of but we have some that aren't even in their witness statement too.

Trying to ensure I have my argument points ready when we give opening arguments against them.


Also.. now their claim has been discontinued, would the judge consider the points raised in my defence to form part of my counterclaim. Eg The defence states why the PCN is invalid, this proves it shouldn't have been escalated, it was and DPA breach, harassment, vexatious litigation occurred following.. that's the basis of my claim


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nosferatu1001
post Tue, 5 Feb 2019 - 12:15
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Yes you can point to your defence in your counterclaim.
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supermancss
post Tue, 5 Feb 2019 - 12:28
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QUOTE (nosferatu1001 @ Tue, 5 Feb 2019 - 12:15) *
Yes you can point to your defence in your counterclaim.


Good, I couldn't see a reason as to why not.

As an additional Angle, if CEL obtained keepers details correctly to begin with, then were provided proof of the alleged contract being invalid, by legitimate use of the car park and frustration of contract. They then continued by sharing data with 3rd Parties twice.

Under KADOE contract, should they have obtained permission from DVLA separately to share the details with the sub-contracted debt collectors? Also given that the evidence would suggest the PCN was invalid, the DPA principle "Used in a way that is adequate, relevant and not excessive" in my opinion was not adhere to, makes this a breach of DPA?

I'm trying to make my argument concise but cant find similar cases exactly to mine to go from and learn from their wordings.

__

Is it possible to neither party to win the case, but one party be found to act unreasonably? Eg 1 party couldn't prove their claim but the other side has demonstrated unreasonably behaviour to be awarded LiP costs?

Any recommendations on who or where I could get paid advice to complete the last part for me?
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nosferatu1001
post Wed, 6 Feb 2019 - 09:15
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1) No, they do not need permission from the DVLA. Youre mistaking debt collection with selling the debt, a la MIL. The LATTER requires explicit permission
2) Yes, this is a breach, but tey likely could demonstrate they "thought" they could collect it
3) well one side HAS to win, but for example they might decide to order only a notional £1 in damages, and refuse costs.
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supermancss
post Tue, 26 Mar 2019 - 00:44
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As an update for this case, we submitted evidence and paperwork. I was unable to attend the hearing without considerable inconvenience, rather than attend I wrote to the court to advise of non attendance and asked for the claim to be heard in absence with docs on file.

CEL had to send a Barrister to the hearing, cost them a lot of money, well worth the court costs I spent in counterclaiming, even if I wasn't awarded any money.
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