EPS breach of GDPR

[kfdh1962]

i am hoping so 

[FruitSalad1010]

Have you received your data in response to the request you made?

[kfdh1962]

hi fruitsalad, no , there has been no communication of any kind from EPS 

[FruitSalad1010]

Once you have received payment and if your distress is on-going you may be inclined to issue another claim.

[kfdh1962]

no defence or admission submitted on the second claim , judgement now requested on that claim also

[FTMDave]

Well done.

 

Time to think about enforcement now.

 

I'm no expert.  However, sadly someone with a backdoor CCJ on this forum recently had high court bailiffs walking into their home about a fortnight after judgement.  This tends to suggest (a) you have to give the fleecers some time to pay,, which is logical, but (b) that time doesn't have to be a whole calendar month.

 

So start to look for high court bailiffs that operate near you.

 

@dx100uk Obviously CAG doesn't recommend legal bodies. However, I vaguely remember positive experiences with one such firm.  Am I right?

 

And a question for the experts which I don't know the answer to.  The OP has two judgements against the fleecers, one for £200 and one for £600.   Can the bailiffs combine the two and go in for £800?

[Andyorch]

Quote

And a question for the experts which I don't know the answer to.  The OP has two judgements against the fleecers, one for £200 and one for £600.   Can the bailiffs combine the two and go in for £800?

 

Concurrent warrants

4.  Two or more warrants of execution may be issued concurrently for execution in different districts, but—

(a)no more shall be levied under all the warrants together than is authorised to be levied under one of them, and

(b)the costs of more than one such warrant shall not be allowed against the debtor except by order of the court.

 

https://www.legislation.gov.uk/uksi/1981/1687/part/26/made

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions#83.29

 

[dx100uk]

 

 

The Sheriffs Office

 

 

[kfdh1962]

this afternoon i received an e mail from gladstones , an e mail containing a notice of acting , dated today 6th April 2023 and stating copy filed with court 

 

This notice is connected to the claim for accessing my data without reasonable cause. This would seem to be a day late as i was able to request a judgement , just wondering how  a judge may view this

 

There are no e mails  or notices for the SAR claim

Edited April 6, 2023 by kfdh1962
mis type

[kfdh1962]

the e mail was sent just before 4pm , there are no new updates on MCOL, nothing registered from the defendant 

 

 

[FTMDave]

Don't worry, you've done everything by the book.

 

The law states the time frame in which the fleecers can defend the claim, should they wish to do so.  They didn't respect that time frame.  Their own fault.  You were perfectly entitled to request judgement after that time frame, it fact it would have been absurd for you not to.

 

Additionally you respected the pre-action protocol and sent a Letter of Claim, to give the fleecers a chance to settle or communicate before court, and they ignored you.

 

Now, Gladdys are incompetent and charlatans, and they may just huff & puff ...

 

... but they are after all solicitors, and they may try to thwart you, so it's important you enforce ASAP.

 

Can you please post up exactly what they sent you?

[brassnecked]

Gladdys are duplicitous but likely they missed the opportunity to stop judgment  s FTMDave says look at Enforcement as they will try shenanigans.

[FTMDave]

I know it's Easter and you have better things to think about than damn EPS ...

 

... but as their solicitors are involved you really need to move on this so as to avoid a nasty surprise on Tuesday.

[kfdh1962]

hi all , have been away for a few days hence not been on line , i did check updates on MCOl 2 days ago , and again this morning, and i noted some changes on their this morning ref the second claim 

 

On the SAR claim issued  15/03/23 it states that judgement was issued against the defendant on April 5th 2023 , i also received in the paper copy yesterday by post 

 

On the second claim , issued 17/03/23, for which their solicitors had e mailed with a copy of the notice of acting, the MCOL now states the following  :-

A bar was put in place for Euro Parking Services Ltd on 12/04/2023

Euro Parking Services Ltd filed a defence on 12/04/2023

DQ sent to Euro Parking Services Ltd on 12/04/2023

 

is DQ as disqualification or something else?

[Andyorch]

No its a directions questionnaire N180 which means the claim is proceeding to allocation which you should also receive yours shortly. The bar was put in place to stop you requesting judgment because they now have their defence.

 

Andy.

 

 

.

[lookinforinfo]

If Gladstones have put in a defence you can expect the Judge will throw it out after having had a good laugh at it.

[FTMDave]

It was precisely to avoid this happening that we asked you to get in touch last Thursday and again on Sunday.

 

@Andyorch As the OP requested judgement on 6 April, how can the fleecers file a defence on 12 April?

[Nicky Boy]

Looks like they applied for a hold then filed a defence on the 6th (post 109)

 

Then it was recorded on MCOL on the 12th... Bank holiday hiatus?

Edited April 13, 2023 by Nicky Boy

[Nicky Boy]

Just a thought....

With motorists now fighting back, it looks like Gladstones will have a steep learning curve to cope with GDPR and SAR claims

[Andyorch]

Quote

As the OP requested judgement on 6 April, how can the fleecers file a defence on 12 April?

 

It depends on whether the 33 days had expired from date of issue the time allowed to to submit a AOS/defence. Once a defendant submits an acknowledgment you cant request judgment until the expiry of day 33. 

[kfdh1962]

2 minutes ago, Andyorch said:

 

It depends on whether the 33 days had expired from date of issue the time allowed to to submit a AOS/defence. Once a defendant submits an acknowledgment you cant request judgment until the expiry of day 33. 

 

MCOL system  allowed me to request the judgement on the 6th which i did around 6am  , the system doesn't allow you to request judgement when  enough days have not expired and tells you so , so therefor enough days must have passed as i was allowed to make the request and that status was added to claim history

 

Gladys e mailed notification of acting was sent around 4pm on the 6th , i will post that document up just for reference and info 

 

i had limited internet access for a few days ., i saw On Tuesday there was an update on the system that noted judgement requested , and a further note stating request denied presumably as they had received something from Gladdy's, those comments are now longer on the claim history , just the details i posted earlier 

 

 

 

[Andyorch]

But if there defence was stuck in their backlog but received on time they will allow the defence because of their incompetance (the courts)

[kfdh1962]

understood Andy just giving the timing context of what l was able to see that's all , nothing more than that 

 

 

[FTMDave]

It's disappointing that the fleecers nipped in at the last moment with a defence.

 

However, it was always to be expected that they wouldn't just hand over £600.  Their actions haven't undermined the strength of your case.

 

Anyone can say "No I didn't".  Let's see how they justify getting your details from the DVLA and then suing for a 29 second stay.  Good luck to them with that!!! 

 

 

[kfdh1962]

Agreed FTMD, i always thought they needed to defend (or at least look like they are intending to defend in the hope of scaring us off ) and was surprised when it appeared they were not responding ,  but as we now know that was probably due to the long weekend and delays in system updates 

 

 over the weekend i received a number of letters from the HMCTs , including

the judgement request rejection ,

acknowledgement of service (copies attached)

and directions questionnaire .

The DQ needs to be submitted by May 2nd

 

on the SAR non compliance claim , two weeks have passed since the judgement was issued (copy attached)

 not had any communication from the fleecers in respect to payment  , and still have not supplied anything on that SAR request and so are still in breach of that SAR request 

 

 

2023-04-11 judgement reject+Gladstones AOS filing.pdf 2023-03-15 Claim Issued+2023-04-05 notice of applied judgement (1).pdf