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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
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Data Protection Act compensation levels?


djdave
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As you may know from reading some of my previous posts, I am in dispute with Ashbourne Management Services over a gym membership, which I legitimately cancelled after a long spell in hospital backed up by a doctor's letter saying I was medically incapable of using their client's gym.

 

This was back in 2005, since when they've been constantly sending the same old "You must pay us £285 immediately or else" letters, despite me replying to every single one re-stating my case.

 

Then in November 2006 I wrote to them saying, in effect, if you genuinely believe there's a debt then take me to court, otherwise leave me alone. It worked! Result!

 

Erm, no. I recently discovered that they'd recorded a Default on my credit file, which naturally I want remove.

 

I wrote to them requesting this, followed by a Statutory Notice to stop processing my data on the grounds that

 

- they had no consent to process my data as the agreement was cancelled, and in any case I was now withdrawing consent

 

- the data was in any case inaccurate and not up to date

 

- sharing this incorrect data was likely to cause damage and / or distress

 

I requested that they contact all persons and organisations to whom they had disclosed this incorrect data and withdraw it, then to stop processing my data.

 

I heard nothing, so wrote to remind them of their obligations to comply or to inform me why they would not comply. Again, nothing.

 

Now I've got the ICO investigating them, and if necessary will go to Court to force them to comply.

 

This incorrect and unjustified default (along with a seperate inaccurate one from our good friends at Cabot!) has stopped me changing mobile phone providers, stopped me getting a new telly when ours died, and caused me to spend a lot of time trying to resolve.

 

Now, to the matter in hand. Section 13 of the DPA allows a claim for compensation, but nowhere in the ICO guidelines does it say what an acceptable sum would be. I've had a search for similar cases but drawn a blank.

 

My priority is getting the default removed, if I can achieve that I'll be satisfied. But given the amount of grief and hassle they've caused me over the last two years I feel quite justified in going after them for some compensation.

 

Can anybody point me in the direction of similar cases, or offer some guidance what I should be asking for?

 

Many thanks

Dave

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Dave there is no fixed amounts as such,and each case is decided on its own merits.

You will need to clearly show and to some extent have proof.

For example if you could show that you were paying MORE for your mortgage.

If you have been to your Doctor and they have it documented that you have suffered stress due to financial worries from x date until now etc.

Its just the same as any compensation claim,damages are awarded to reflect the damage thats been done.

If filing in the small claims you would have to file for an undisclosed sum.

You will be required to fill in the lower portion "I do not know the amount being claimed but that it will be no more than £5k"

I was instructed to do this myself.

My case is still awaiting a decision following the defendant failing to respond.

In my submissions I have stated that when the defendants default they make it absolutely clear that an adverse entry on your credit files will affect your ability to get credit or mortgages,so they are mindful of this and it usually follows true.

However as I say you will need to show as best arguement of your own case as you can muster as ultimately this will be the decider on the level of compensation that should be awarded.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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