Data Protection Act Help!!!!

Neil1975_2

steve-L wrote: »

I agree it's most likely... what I'm questioning is your ability to prove it AND that it was YOUR details (as the REG is not yours)



It is not that I don't believe YOU, I am questioning what you can prove in court.
As the company accepted liability they obviously (the most likely scenario being true) did so to simplify this.

If you push them then it no longer becomes pay someone and accept liability. The driver (wishing to keep his job) might lie and say he saw the reg or got it from another witness but didn't get their details ....

Yes the car isn’t mine, it’s registered at my mates house 30 odd mile away, however the driver found my house by searching for the car most likely armed with the reg number.
Two days after the incident happened I still hasn’t heard from their insurers so I phoned their head office and after explaining that I didn’t wish to deal with the manager who I had spoken to previously, my call was returned by an area manager. I emailed him and their insurers a statement of what had happened and photos of the junction. The area manager called me back and said the insurers would deal with the damage to the car and that the depot general manager, who had been on holiday at the time, would deal with the issue of the driver turning up at my property and how he came to find my house.
As I’ve explained the insurers dragged their feet for a while then eventually sorted funding for the repairs, however the general manager who was dealing with the complaint first off tried fobbing me off with a phone call but as it didn’t shed light on what had happened I asked him to escalate it. I then received a half arsed apology letter that again didn’t explain how these events had happened.
To be honest by this point I was well and truly p****d off with the company and to be fair I was out of my depth as I don’t know a great deal about the dpa, thus the reason for my post and seeking legal advice.
If the company had offered a decent apology and explained why how this had happened I would have probably left it but it’s enraged me that they have just dug their heads in the sand, rather stupid really as they now have a solicitor to deal with

steve-L

I think you are confusing the two things....

they accepted liability.... (and doubtless should have).
The insurance company eventually paid (no surprise on insurance companies dragging their feet)

I doubt they will admit giving the REG to the driver and that leaves you without proof (even though it wasn't YOUR details passed on) ... if they were going to go that route then surely they would have challenged liability.

The issue you have is a decent apology isn't going to include why they passed the REG to the driver.... they are obviously not going to stray into that area.

I understand you are well and truly p****d off ... I just don't see its going to do you any good.

angel00079

If you were able to prove that the reg was passed to the driver there is still how is it linked to your address. The only way I can think of would be if you were a named driver on friend's policy with your address. You may have confirmed the situation in previous posts but with so many. The next question would be, how easy and quickly could this information potentially be accessed.

There could be the possibly that the reg led to details of the car, make, colour model etc but from what have said not a lot of time to get all this. These could have been passed to driver to search area.

I think the most likely scenario is that manager told driver that you had report the incident and that the driver remembered the car. Even if this was not the case it may be given as an option when defending.

Neil1975_2

steve-L wrote: »

I think you are confusing the two things....

they accepted liability.... (and doubtless should have).
The insurance company eventually paid (no surprise on insurance companies dragging their feet)

I doubt they will admit giving the REG to the driver and that leaves you without proof (even though it wasn't YOUR details passed on) ... if they were going to go that route then surely they would have challenged liability.

The issue you have is a decent apology isn't going to include why they passed the REG to the driver.... they are obviously not going to stray into that area.

I understand you are well and truly p****d off ... I just don't see its going to do you any good.

I spent quite a bit of time trying to get some answers from the company but as you’ve said they wouldn’t enter into how the driver found my house. When I spoke to my solicitor, he and the second solicitor both advised that as the drivers visit had caused distress, and that it seemed quite clear that the manger had taken my details / the cars details with the pretence of passing them to their insurers, but then passed them to the driver, this in itself breached the dpa and thus they both offered to take up the complaint on a no win no fee arrangement. As I said earlier, I gave the company the opportunity to apologise and set my mind at ease as to how the driver came to be at my home but they declined, so I’ll let the solicitor roll the dice and see what happens.

I may never get a straight answer but hopefully having to pay out some cash may make them think twice before taking this course of action again.

My solicitor has fired the opening shot so I’ll keep this thread updated with any developments.

Neil1975_2

angel00079 wrote: »

If you were able to prove that the reg was passed to the driver there is still how is it linked to your address. The only way I can think of would be if you were a named driver on friend's policy with your address. You may have confirmed the situation in previous posts but with so many. The next question would be, how easy and quickly could this information potentially be accessed.

There could be the possibly that the reg led to details of the car, make, colour model etc but from what have said not a lot of time to get all this. These could have been passed to driver to search area.

I think the most likely scenario is that manager told driver that you had report the incident and that the driver remembered the car. Even if this was not the case it may be given as an option when defending.

I’m the named driver on the policy but this doesn’t require my address to be present on the policy so I think we can rule this out. It’s quite clear with the way the driver left the area that either he wasn’t aware of the situation but then was advised of it by his manager, or he was aware and left the scene of an incident.

I’m more inclined to believe that his manager advised him of the incident and gave him the reg number, possibly to assist in helping the driver recall the incident. However as the manager advised me that the car and my details would be passed to their insurers to deal with, the question remains as to how the driver found my house and why he thought it was ok to turn up banging on the door.

Chopper_Read

Neil1975 wrote: »

Come and knock on my door and we'll see how hard you actually are, I promice I'll answer

pm for my address if you've got the balls

I see you bottled that one too.

Chopper_Read

Neil1975 wrote: »

Come and knock on my door and we'll see how hard you actually are, I promice I'll answer

pm for my address if you've got the balls

As thought readers, I sent the pm and he bottled it again. I guess he is scared to answer his own door.

Neil1975_2

For those of you still reading, the chap above obviously wasn’t mature or intelligent enough to enter into a discussion about my question and instead decided to become abusive. I made the mistake of rising to this and the chap, evidently being a hardman wannabe, sent me a pvt message. I’ve offered to meet up with him on neutral ground to ‘discuss our grievance’ but he hasn’t answered that message…. draw your own conclusions…

Foxy-Stoat_3

Neil1975 wrote: »

For those of you still reading, the chap above obviously wasn’t mature or intelligent enough to enter into a discussion about my question and instead decided to become abusive. I made the mistake of rising to this and the chap, evidently being a hardman wannabe, sent me a pvt message. I’ve offered to meet up with him on neutral ground to ‘discuss our grievance’ but he hasn’t answered that message…. draw your own conclusions…

I gave up reading this a few pages ago, but its because I forgot to unsubscribe from this thread.....fixed now !

:easter_os

Chopper_Read

Neil1975 wrote: »

For those of you still reading, the chap above obviously wasn’t mature or intelligent enough to enter into a discussion about my question and instead decided to become abusive. I made the mistake of rising to this and the chap, evidently being a hardman wannabe, sent me a pvt message. I’ve offered to meet up with him on neutral ground to ‘discuss our grievance’ but he hasn’t answered that message…. draw your own conclusions…

You've already backed out of your original offer so I can't see you going though with anything else. After all this thread started because you bottled out of taking to another driver following a rtc and your were legally bound to exchange details with him.