SAR distress claim against Parking Eye

[FTMDave]

OK, well done.

We can then tweak it during the day and it can be sent today or tomorrow.

Two things when you have time.

1.  Please upload the court order you mentioned on 19 June.  That way we can be sure about deadlines.

2.  Have PE sent you their WS?  If so, we need to see it.  If not, you can be late because they are late.

[Reapstar]

My apologies Dave you are correct! I think I'm losing the plot as im aging  

Here is a draft what do you guys think??

1. I requested a Subject Access Request from the Defendant on 3 July (exhibit 2).

2. I am totally bemused as to why, in para 10 of the defence, the Defendant's solicitor, Ms Leonard, thinks I do not have the right to make a SAR.

3. I had in fact made a request for disclosure under CPR XXX (exhibit 3) which was also ignored by the Defendant, so I sent a SAR.

4. The Defendant's solicitor, Ms Leonard, quite rightly, in para 7 of the defence, puts me to strict proof of posting of the SAR on 3 July. I do so by attaching the proof of posting (exhibit 2).

5. I received no reply by the deadline of one calendar month. However, I did not rush to court. I complained to the ICO. I also gave the Defendant "de facto" an extra 14 days to satisfy the SAR when I sent a Letter of Claim on 3 August (Exhibit 3). I once again attach proof of posting because Ms Leonard has, completely understandably, underlined the importance of such proof (exhibit 4).

6. Nowhere in Ms Leonard's fantasy timeline where Parking Eye Ltd did everything by the book does she even mention that I sent the company a Letter of Claim.

7. There was no reply to my Letter of Claim by 17 August so on 18 August I issued a county court claim.

8. Shortly after filing the claim, the Defendants paperwork arrived but after both the original calendar month and the 14 extra days stated in my Letter of Claim had expired.

9. Ms Leonard claims that Parking Eye Ltd sent the SAR response on 4 August. It doesnt normally take 14 days for post to arrive. She put me to strict proof of posting so I put her to the same test. She, quite rightly, insists that the other party in litigation can prove posting, so I request the same.

10. What is likely to have really happened is the following : The Defendant's business consists of sending a series of threatening letters at different time intervals to motorists who do not pay them. In this repetitive work a SAR or a Letter of Claim will have been ignored. At the last minute someone will have realised the importance of a Letter of Claim and will have sent out the SAR with an invented date of 4 August and will have "forgotten" to obtain proof of postage.

11. Failure to disclose data in breach of a statutory deadline. Under Article 12 GDPR, a data controller must respond to a SAR “without undue delay and in any event within one month of receipt of the request.”

Thank you all so kindly for putting up with me  

[Reapstar]

Here it is!! no ws recieved from them as yet but will speak to mum in a couple of hours to get an update

 

Allocation Notice Preliminary Hearing.pdf

Edited Wednesday at 09:31 by Nicky Boy
PDF renamed

[Nicky Boy]

Swap para 2 and 3? Flows better.

[Reapstar]

Thank you NB!!  

[Reapstar]

Once approved can it be sent by email??

 

 

[FTMDave]

I've just got back from a morning of blood, torture and sadism at the dentist, and am not at all 100%, but I think the court order is not what we were expecting, and (a) the WS isn't needed yet and (b) all this is good news for you.

Let me recover a bit and I'll scribble in the afternoon.

[Reapstar]

Cheers Dave  

[AndyOrch]

Case management hearing to set directions.

[Reapstar]

Hey Andy, im not sure what that means?

[honeybee13]

I expect it's on Google, Reapstar. They're very common terms. 

HB

[AndyOrch]

19 minutes ago, Reapstar said:

Hey Andy, im not sure what that means?

Its just a short hearing to set the directions and complete the allocation process...then you will get a further notice of allocation with the dates of trial and what date to exchange and submit statement's.

[Reapstar]

Thanks Andy, does this mean she will have to attend the court twice then?? For this and then for the actual court case? 

[AndyOrch]

Afraid so.

[Reapstar]

Ok fair enough, cheers Andy, can her costs be added to the claim by any chance? We all know how they add their unicorn costs so real costs should surely be allowed?

[AndyOrch]

Wait and see if the claim is successful and then ask the judge..costs are restricted in SCT

[Reapstar]

Cheers Andy  

[FTMDave]

Andy has explained things much better than I could!

This is why we kept asking to see the court order.  In 90% of cases the judge goes through the motions, sets a hearing date where it will be decided who is right and who is wrong, with WSs to be filed 14 days before.

In 10% of cases judges do something different - like in your case.  With a preliminary hearing.

So there is no rush for your WS, although the work you have done on it will be important later on.

PE will have to pay a solicitor to turn up at the hearing, and if they don't turn up they will lose.  Ho!  Ho!  Ho!

Now - decision time.  PE will now be faced with two court hearings.  They are too stupid to deal with the hearings themselves, so they will have to pay lawyers.  Twice.  That will be a hefty bill and even if by some horror they were to beat your mum they could only get her to pay a tiny portion of these costs, as costs are very limited at small claims.

So it may be time to negotiate with them and see if they are willing to settle. 

Have a think today if you want to try that.  Give up some of the money but save your mum court.  Or go for the full amount but needing to go to court twice.  Your call.

[Reapstar]

What about £300 to settle out of court?

Edited Wednesday at 12:45 by Reapstar

[Nicky Boy]

Isn't your claim for £200?

[Reapstar]

It is plus the £35 for raising the claim, but this doesnt include costs ascociated with going to the court twice.

 

They like to add charges like solicitor fees which are ficticious so travel expenses should be fair enough?

[FTMDave]

Costs are extremely limited at small claims.

IMO you should reply to their last letter, ridicule their "offer", and ask them to make a serious one - and see what they say.

[FruitSalad1010]

Costs are limited on the small claims track, however a preliminary hearing has likely been listed in order to resolve some queries the judge may have.

These could be regarding the remedy sought by the claimant, they could concern the claimant's statement of case, or the issues could concern the defence.

If the Court takes displeasure at the either the claim or defence before them they may express that displeasure in the form of a costs order.

If the other party is represented it may include costs of preparing for and attending the hearing.

If the judge decides the statement of case needs amending then they may award the defendant their costs in responding to the amended particulars.

[AndyOrch]

Well the points are listed which require addressing not unusual but rare  in SCT and this type of claim.....thorough Judge.  

[Reapstar]

I understand costs are limited but these expenses are expenses dire tly relsted to being forced to raise a claim against them, 

Surely if we have to pay for their costs then they have to cover ours?

I beleive It is going to cost her around £20 - £30 to get to the court and then the same in return, it's not an unreasonable request is it?

I don't mind sending a letter as Dave has suggested to see if they can make a serious offer.

How long do I have to get the letter sent??