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  1. 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
  2. Hello, I received a letter from Gladstone's asking me to pay £160 for parking a car in a hospital car park. I no longer own the car wich means the letter relates to at least 18 months ago. Is advice still to ignore? Mandy thanks.
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