NorthWestITConsultant
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I've sought advice from a couple of the suggested avenues. It seems that on the balance of it, it's not worth pursuing any further. the chances of success are perhaps around 40% and it's due to the nature of the justice system i.e. judges will stick together and support each others' judgement regardless of how fair they are....
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So how does that change things on my end? I assume wait for Parking Prankster and then take it from there. I am happy to pay for somebody who is going to give me a greater chance of taking them down....
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I called the county court and gave them the reference number. They said the appeal would cost £120 and it would then go to the High Court in Manchester.......
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Money isn't a massive issue and I can afford to lose it to be honest.... this is more about the principle. If I take it to the high court and lose another £120 then that's not the end of the world for me by any stretch. The judge summed up that had the car been there for less than 5 minutes, the case would have been different but because there was a period of grace then the full fees of £100 + solicitor + court fees was payable. I've sent a message to the Parking Prankster through his website. I'll wait for his response. Appeal forms coming through the post tomorrow.
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It's £120 to appeal against the decision and then it goes to Manchester High Court..... I think I'm going to do it. Do I have the forum's support? Who do I get in contact with in terms of BMPA? Also one other question: Should I decide to get some representation in now that I'm looking to take it to the high court? Any suggestions? Thanks
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Do you suggest I should continue with this case?
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Does this now mean I will get a CCJ on my credit report?
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I think I'm just going to call it a day. I've lost faith in the legal system after today. Judge clearly contradicted himself.
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How do I go about doing this?
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He overlooked this point. I did state it clearly in the witness statement and in front of him.
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I want to appeal against this awful decision.... Grave injustice has just been committed.
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Lost the case today. Judge ruled that because Mr Hargreaves said there was a grace period and that the vehicle was parked for 17 minutes that the penalty stood. Not a good day at all. Have dropped the DPA claim too. Judge was very harsh and ruled that the penalty stands as the car was parked for 17 minutes. Very unfair.
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What are the possible legal avenues at this stage? Honestly don't mind shelling out money at this stage if I have a good chance of winning.
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No probs - I'll take that on board and accept but only if they offer me the full amount. Do you think I should mention it to them on the day that I'm looking at additional legal measures and that I'll consider dropping additional cases if they pay up the full amount? Thanks
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Really wanted to say thanks for all your help ericsbrother. I am keen to keep working on this and also hope it will help many others. I would be very interested in finding a 3rd way to sue them and take them down further. If you believe this is possible then I'd be more than happy to file a 3rd claim against them. I'd really appreciate your continued support on this and if you believe there is any ground for us to take this much further then work with me and we will hurt them bad.
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Just out of interest: What right do Gladstones have to claim £450 had my claim actually been unreasonable?
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Thanks I submitted the additional evidence to both Gladstones and the County court. It's pretty damning to be honest. I won't accept £250, I'd rather take them to court. If they pay the full £750 then I may consider it.... even then I may prefer to get less and enjoy beating them in court.
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Just as I sent that last message I got the standard letter in the post from the courts with the questionnaire and stating the usual that it seems it is suitable for small claims etc. Does this mean everything is going ahead and that letter was just one big fib?
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Thanks, Am I able to mention DPA and request the judge award it me on the day to avoid wasting court time?
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I just realised I have the right to claim for loss of earnings as claimant has acted completely unreasonably! Please view this http://parking-prankster.blogspot.co.uk/2017/02/gladstones-discontinue-another-case-at.html My car was parked in exactly the same spot where the yellow lines end! I have already submitted my witness statement, is there anyway I can add to it and make a claim for my lost day rate because of the stupidity and vileness of ES Parking? Also please respond to my post regarding the DPA violation I am claiming against them: http://www.consumeractiongroup.co.uk/forum/showthread.php?474614-Glastones-ES-Parking-DPA-violation-claim
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Sorry I mean do I need to resubmit it with more details? I'd had thought not given the initial letter spells out the case.
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Ericsbrother: the scanned file is attached right at the end of my first message as a pdf.
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Is their defence not attached to my initial message?
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I posted the claim form in stage 2 as stated. I kept it brief with some details as I thought I'd need all the details going into witness statement? When they posted the claim form it had barely a line in it so I thought it would be enough! Can't believe the hypocrisy of them stating no details when they send me a one liner! Do I need to resubmit it with a full defence as they have requested? Again - please be patient with me on this, I'm happy to spend as much time researching and reading as necessary but just need some legal guidance. Thanks
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Dear all, I'd greatly appreciate advice as I'm wanting to take ES Parking to court for breaching the DPA by claiming my details in the first place from the DVLA. I know this is going to be a long journey and lots of work but I'm willing to do it for the good of others and perhaps to teach them a lesson to stop harassing people when there is no basis for their claim. I've been through the following so far: Stage 1: Letter before claim: __________________________________________________________________________ (Sent mid December) Letter Before Claim (Ref number: XX111111) Dear ES Parking In May 2016 you issued me with a parking charge for stopping/parking in a publicly accessible road where no contract was formed and for which there were no road markings (provided courtesy of your own witness statement). It has been established that there can be no liability as you do not follow the protocols of the POFA and so it is not possible for a contract to be created. You have continued to pursue speculative charges despite it being firmly established that no charge could ever be due. I refer to case C8GF4C12 ES Parking Enforcement v Ms A. Manchester, in front of DH Iyah on 29/11/2016. It was established that there was inadequate signage and that you lost the case on the grounds that signage is forbidding. You obtained my personal details from the DVLA for the purpose of pursuing a parking charge, However, there was never any possibility this charge could be valid. My name and address information (together with other information) is classified as personal data within the meaning of s1(1) of the Data Protections Act (DPA). As there is no possibility that any monies were owed to you by myself, then attempting to charge a parking charge is caused harassment and personal distress to myself, is using it in ways which violate principles 1 and 2 of the DPA, and s13 of the DPA provides for financial compensation for this. The case of Vidal-Hall v Google Inc [2014] EWHC 13 (QB) provides authority that misuse of personal data is a tort and that damages may be non-pecuniary. The case of Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 provides authority that a reasonable sum for compensation would be £750. I am therefore claiming £500 from yourself for misuse of my personal data under s13 of the DPA. You have 14 days to remit this amount to myself. After that time I will file a claim without further correspondence. The rules on pre-action conduct are here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct I believe I have provided you with all necessary information. I am willing to consider alternative dispute resolution and suggest the Consumer Ombudsman. Yours Sincerely __________________________________________________________________________ Stage 2: Claim filed with MCOL with the following details: In May 2016 ES Parking breached the Data Protection Act by accessing my details from the DVLA without reasonable cause. It has been proven on numerous cases including C8GF4C12 ES Parking Enforcement v Ms A. Manchester, in front of DH Iyah on 29/11/2016 that they have no grounds for pursuing a parking charge. I am claiming damages of £750 for misuse of my personal data under s13 of the DPA. I attempted to resolve this out of court with a letter before claim for which I have received no reply. __________________________________________________________________________ I've now received a defence which is attached I'm willing to fight them to the death on this and money is no objective, this is purely about principle - ultimately this is going to cost me money because of time off.ClientDefenceDPA.pdf
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