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Do I have a legal basis to take my housing and PCC to court for Breach of the GPDR?

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  • Do I have a legal basis to take my housing and PCC to court for Breach of the GPDR?

    I wish to take my landlord and Parking operator to court in a joint claim.. do I have a legal basis as CMS have been operating fraudulently for 19 months and my housing have admitted they are joint controllers buy deny liability.


    Facts of the case
    .

    Clarion Housing
    1. Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333. In Halliday
    1. the first relates to a PCN dated 18th September 2018, PCN no: 266125000689.
    2. The second relates to a PCN dated 30th January 2019. PCN no: 266125001427

    Action to be taken:
    1. For me to receive compensation to be decided by the courts for the way I have been treated by my landlord. Making me out to be a liar and not believing my evidence which I supplied them. Clarion took the word of their agent over my hard evidence.
    2. If the Courts are able to impose sanctions on CMS, then for this to be made so.
    3. CMS to be held accountable for their actions.
    Tags: None

  • #2
    There has been no response from the parking Company to my Letter before County Court... However, Clarion replied:
    Attached Files
    Last edited by Scrumpy11; 14th August 2019, 13:59:PM.

    Comment


    • #3
      At first glance, it would seem your merits of success are likely to be low unless you can prove that an easement or prescriptive rights have accrued. Their letter suggests that they have informed you more than once that the communal car park is subject to having a parking permit displayed - do you deny that?

      The only thing that might be arguable is the tenancy agreement states that you will be consulted on with regards to housing management decisions and if they failed to do that, then it might be possible to argue a breach of sorts.

      There seems to be more to this story than what has been given but based on the information I would say unless you have compelling evidence, don't bother.
      Check out some useful guides below

      A guide to voluntary termination
      Seting aside a CCJ
      Completing an N180 Form (Courtesy of Jaguarsuk)

      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

      Comment


      • #4
        Originally posted by R0b View Post
        At first glance, it would seem your merits of success are likely to be low unless you can prove that an easement or prescriptive rights have accrued. Their letter suggests that they have informed you more than once that the communal car park is subject to having a parking permit displayed - do you deny that?

        The only thing that might be arguable is the tenancy agreement states that you will be consulted on with regards to housing management decisions and if they failed to do that, then it might be possible to argue a breach of sorts.

        There seems to be more to this story than what has been given but based on the information I would say unless you have compelling evidence, don't bother.
        Hi Rob,

        Thank you for your response


        My housing tried to introduce this type of parking management previously in 2006-2007. We as residents were not happy with this and they were eventually removed after the BBC's Inside Out programme ousted them as a 'Cowboy' company. CMS came in force post 2012, although my hosing cannot give me an exact date, cannot find their contract.

        The larger sign was there when I moved here in 1995, which states 'Private Road carparking is for residents and visitors only" I am a resident and parked with the parameters of this sign. In order for any sign that has been introduces post 1995 to become enforceable then this sign should have been removed. The signs do not work in conjunction with each other - Just another thought of attack

        I have as will other residents been parking on the main road for the last 4 years (when able) due to our carpark offers us no security, vehicles are been broken into stolen and drug users/ dealers are using the carpark. Unfortunately, the local council have now introduced parking management on the road, so we as residents have been forced back on to the car park.

        I was aware of this CMS's managing our carpark but have never given permission for such a practice after the way I was treated by the old company.
        On the night in question I was in a new car after mine was wrote off a month before, and after a night shift had forgotten to take the permit out of the glove box. I then received the NTK.

        The signage did not conform to regulations and has not since the company have been instructed. Therefore I had not entered unto any contract with CMS. My argument is, they accessed my personal data without reasonable cause.

        The PCN was issued from their former address to which they do not have permission to use for any purpose

        My main aim is to get rid of this company, but my landlord does not seem to want them to go, despite them acting frauduently.

        The residents I have spoken to are not happy with this type of management to our scheme we would prefer gates, to offer more security, this would also stop fly tippers and people rummaging through our bins looking
        for personal information for fraudulent purposes.


        I am grateful for any assistance you guys can offer
        Attached Files
        Last edited by Scrumpy11; 14th August 2019, 09:45:AM.

        Comment


        • #5
          Sorry, we as residents have never been consulted, nor agreed, regarding the introduction of parking management being introduced.

          in my initial complaints my housing officer and her manager were adamant we had been consulted, their legal team said there was no need to consult as it is their land as you can see in their responce

          Comment


          • #6
            This doesn't sound like it's going to be easy and will most likely rest on the surrounding facts. It would be helpful to see a copy of the letter you sent to Clarion so we can see the full picture - you should redact any personal information as I can see there is personal information on the Clation response, so you may wish to remove and re-upload that one.

            I'm only throwing out some things here but it could be that you can establish that although the contract terms did not give an explicit right to use the communal car park, the sign erected in 1995 by the wording of it, could be seen to give an implied right of use i.e. the common intention of the parties - I understand there might be recent case law suggesting that the right to use a car park is capable of being an easement (check out this link but you may need to sign up.

            Prescription is another argument which seems to be something you have raised already in your letter before action and no doubt Clarion have denied this though don't appear to have given any explanantion other than the fact they can impose conditions as they see fit. If a prescriptive right is found, that might cause problems for Clarion so I understand why they might want to dismiss that.
            Another potential argument is an equitable easement through proprietary estoppel. This occurs when an assurance that the person affected wil lhave rights or is led to believe they will have rights in something - it can be expresslly written or implied but usually has to be unambiguous. That person then has to demonstrate it relied on that assurance and that person acts to their detriment in reliance on that assurance i.e. you spent money by installing a bollard or something.

            Doesn't sound like proprietary estoppel is applicable to you in this case but worth a look anyway. What I would say is that you don't want to throw the kitchen sink at this and you may be wise gathering all of your evidence now before considering legal proceedings. For example, if there are residents who have been at the property for as long as you have then you might want to consult with them and get a witness statement drafted and signed by them to corroborate your claim. The burden will then be on Clarion to disprove these assertions and from the sounds of it they don't have the relevant paperwork other than your tenancy contract so they could be on to a loser.

            Long and short is that it won't be easy and they've already said they will defend your claim which they believe to be without merit. If you can establish an easement or prescriptive rights without conditions, all other arguments by Clarion should fall away and you could then argue that there has been a breach of data protection if they passed your information on to the parking company then they had no legitimate reason since the easement was granted without conditions.

            My advice to you is to not embark on anything until you are confident you have the necessary information and/or evidence to back up your claim and argue it succinctly in court.

            Tagging Des and Amethyst for any further comment.
            Check out some useful guides below

            A guide to voluntary termination
            Seting aside a CCJ
            Completing an N180 Form (Courtesy of Jaguarsuk)

            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

            Comment


            • #7
              Sorry for late reply, I had to take my car for some new tyres.

              I will now review what has has been advises, thank you.

              please find attached my letter which I sent Clarion/ CMS (Letter before County Court Claim)
              Attached Files

              Comment


              • #8
                This is the evidence that CMS supplied the IAS of which they accepted without consideration for my evidence.

                Time line:

                25 Jan 19 - date of alleged contravention

                30 Jan 19 received PCN (sent from their former address which they moved out of on the 23 January 2018). I have a letter from letting agent which stated they did not have permission to use former address from when they moved for any purposes.

                08 March 19 CMS submitted their Prima Facia Case to the IAS with their evidence, (an image of a sign and a sign in a van). This was accepted over my evidence

                12 March 19 - My last photographic evidence of signage (time/ date stamped by my mobile)

                20 March 19 - CMS changed their signs to match the evidence they supplied the IAA on the 08th. New signs do not conform to regulations as purports CMS to be operating from ZZPS's address with ZZPSs phone number.
                Attached Files

                Comment


                • #9
                  I am not sure on how the courts perceive 'ease' of parking.
                  The earliest recorded evidence of CMS being introduced to our scheme, which I have found, is June 2014. This would mean,
                  I had acquired a nonpossessory interest in land through the long, continuous use of the Carpark, not requiring a permit to park, for approximately 18 years or more of my 24 year residency. This has taken into account of MPCs time at our residency, which was less than 1 year, although I have allocated 1 year.

                  Would the courts look at the total or just until MPC were introduced?
                  Last edited by Scrumpy11; 18th August 2019, 20:41:PM.

                  Comment


                  • #10
                    My Housing refuse to supply me with, or show me a copy of the contract that they hold with the operator. Its taken them 8 months to supply my with the date of which they say the operator was introduced to the scheme. My Housing's legal team are stating that the operator was introduced in August 2011, Although the company was not incorporated until February 2012., Google maps does not show signage erected until July 2014 (there are no signs displayed in August 2012).

                    I dont believe there is a valid contract, would this have any significance to my claim? My landlord amalgamated and changed their name (taken over) over times over the last 9 years, I believe if there was a contract then its lost,

                    The operator has never displayed its company name at any address it holds, right from incorporation in 2012. I believe that its new address to which its company is registered to is a Virtual address, not a physical address, (I will find out tomorrow when I visit the premises. Prior to that the operator had no registered address between 23 January 2018-25 July 2019. Before that, the address to which their company was registered too never displayed any signs to state the company was operating from the premises used (commercial)

                    Comment


                    • #11
                      Hi all help needed:

                      I have today received a full copy of my Housing (land owner) defence. My housing have supplied a copy of the contract which they hold with the parking operator, I have attached page 1.

                      I have a few questions as to the legality of this contract:

                      1. Contract is dated 01 May 2018. Address given for CMS is their former address of which they moved out of on the 23rd
                      Attached Files

                      Comment

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