UKPC v Mr X 21/11/2016
Court Report from Mr X
UKPC had a representative there, who was there for another case. He said before we went in that he wasn't there to represent the case but to make sure it was discontinued, so I told him I was applying for costs and gave him the schedule. He ran around a bit looking anxious, and got his big book of CPRs out which he was thumbing through furiously while I sat there as calm as you like, which was nice to see.
Went in and had to do very little. The judge had obviously been through everything thoroughly and made it quite clear he thought it was a good job they discontinued because they had no legitimate claim. He asked if I'd incurred costs so I gave him the schedule. He said it all seemed fine to him, and asked their guy if there was any reason not to award them to which he responded that there was no automatic order of costs after discontinuance on small claims.
The judge shot him down straight away with that wasn't the point, the point was whether they had been reasonable or not. Their guy tried to say the discontinuance was because they received the lease, and had I submitted that earlier they wouldn't have continued, to which the judge said I submitted it exactly when I was required to and there was no reason why I should have done so earlier, and they should have made an effort to check whether they had a genuine claim before proceeding.
The judge awarded my full costs of around £350, told their guy to go back and "tell [his] masters such behaviour won't be accepted in future". He then asked him if he was representing any other cases today, to which their guy responded "not in front of you" and the judge replied "good".
Many parking companies jump into residential parking enforcement without doing the proper due diligence before signing contracts with the management agent.
The legal situation is that if your lease gives you rights to park then you have primacy of contract and other parties cannot unilaterally introduce terms and conditions.
If a parking company requests your data from the DVLA in such situation then it is likely there is a data protection breach, as they had no right to request your data from the DVLA in the first place. It is up to the parking company to do the proper due diligence. You may be able to make a claim against the parking company in such a situation. You should also complain to the DVLA that the parking company are issuing tickets on land where they have no rights to do so. If the DVLA have not put proper steps in place to audit parking companies and keep your personal data safe then you might also have a claim against the DVLA.
The right to claim lasts for 6 years, so if you have received or paid out a parking charge in such a situation you can claim for your money back. If the parking company requested your data from the DVLA you might also be able claim for a data protection breach.