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Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP! - won

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  • #76
    Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

    My thoughts are that if you have never been to court, I'm not sure I would want to be the claimant first time round. If you loose you could get stung with some costs. However, the fact that they dropped their case strengthens your DPA claim. If they thought they had a valid contract and could follow the rules of PoFA Schedule 4, then they probably would have continued their claim. No contract and not following PoFA Schedule 4 correctly and getting your data from the DVLA puts you in a strong position. I guess it depends on if anyone here is willing to review your own claim documentation.
    I think I have grounds for a DPA claim but I am hesitant to make it as the initial claim. If PCM pursues me, then I will certainly make the counterclaim. Instead of a £250-£750 claim, my strategy would be £100 per misuse of my data. I've had several letters from PCM and several letters from DRP. I'm not sure if that would be successful though.

    (I agree though, it looks like your NoD was incorrectly completed though. I'm not sure if it is worth contacting the court clerk for verification. The worst case would be if you thought it was discontinued, didn't show, but it wasn't actually discontinued and you lost by default.)

    Comment


    • #77
      Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

      I've contacted the court to check with them too.

      And will wait to see if M1 or someone else in the legal profession can shed any light on the DPA situation

      Comment


      • #78
        Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

        Quick update. Court have confirmed that the hearing on has been removed from the diary and I do not need to attend

        Comment


        • #79
          Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

          Originally posted by paul1909uk View Post
          Hi M1, while in the final stages of putting my statement and evidence together, I received an email from Gladstones today attaching their client's Notice of Discontinuance as filed with the court and saying the matter is now closed. A closer look suggests that they may have mistakenly crossed out Defendant instead of Claimant about halfway down, but am I right to think this is case won?

          If so, is there any comeback I can put back on them for time spent, worry caused - particularly after my partners mother had just died before the whole court thing kicked off. I've also seen it mentioned that in cases where the defendant has won, they have claimed misuse of DVLA information and won costs of £250 to £750. Is that something that can be or is worth trying?
          Yes that should be case over. I would double check with the court but they may not know due to admin backlog.

          M1

          Comment


          • #80
            Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

            Originally posted by paul1909uk View Post
            Quick update. Court have confirmed that the hearing on has been removed from the diary and I do not need to attend

            Posts crossed. You have won.

            Originally posted by mystery1 View Post

            Nice one

            Give costs a spin too



            Edit to suit.



            Technically it should be an application but i'm not convince the odds of spending cash to ask are worth it. A letter MIGHT prevail but costs little. Normally small claims track costs are not allowed in these cases but 27.14 2 g can help with the right court/judge. It's worth asking.


            "In the County Court at xxx

            ~~ To be put before procedural judge ~~

            In the matter of

            Deal v XYZ
            Claim Number XXX

            Dear Sir or Madam,

            I have been advised by the court on xxxxx that the listed hearing for this claim was vacated and I understand that this is due to the Claimant's discontinuance.

            CPR r.38.6 states that the claimant is liable for the defendant's costs after discontinuance (r.38.6(1)) but that this does not apply to claims allocated to the small claims track (r.38.6(3)). However, the white book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(d))." I believe it should actually refer to r.27.14(2)(g) as that is the rule which allows the court to award costs for unreasonable behaviour.

            On this basis I would like to request a costs order to be made against the Claimant given that DEAL has behaved unreasonably by discontinuing this claim, and also by not submitting any evidence/witness statement in support of their claim other than their claim form, and by not serving me with a copy of their Directions Questionnaire contrary to the court order.

            The Defendant had significant costs to prepare the Defence and prepare attendance of the hearing and the costs claimed are as follows:

            (explain any expenses here).

            Yours faithfully,

            XYZ
            Defendant"

            This won't guarantee you anything but it is worth a shot, and as long as you're not taking the p##s with what you're claiming you may have a friendly judge who gives you a costs order.

            £19 per hour.

            M1
            M1

            Comment


            • #81
              Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP!

              That's great. I'll send a letter and see what happens - if we hear anything or receive anything then its a bonus, if not we still won!

              Incidentally, I was on a FB group and someone calling themselves 'Barry Beavis' (not sure if its THE Barry Beavis as in the parking case), said there has been no breach of Data Protection.

              Thanks for all your help on this M1

              Comment


              • #82
                Re: Court Claim Form / PCM (UK) Ltd / Brentford Sainsburys - HELP! - won

                The data protection issue depends almost entirely whether they had a reasonable cause to access the data and then use it. Some would say that to use your data claiming a contract where none could possibly exist (because the signs were forbidding) was a clear breach.

                Judges seem to have a hatred for technical stuff at small claims level. I reckon it's winnable but tough.

                M1

                Comment

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