Data Protection Act Help!!!!

DaftyDuck

Chopper_Read wrote: »

Isn't the driver entitled to have your details under the road traffic act?

I'd argue the hedge was entitled to the OP's details, not the lorry driver.

I also suspect the OP's solicitor would uphold this learned viewpoint.

maninthestreet

I'm waiting for the thread from hedge owner stating some driver ruined his hedge and how much compensation can they claim.

Neil1975_2

To answer all the feedback…

The solicitor is very reputable, I also sought advice from a second solicitor before taking action. I am basing the damages you mention on the stress the whole incident caused, I was asked by the companies area manager if I would let them rectify the situation without the need for involving the police but after giving them this leeway I spent several weeks having to chase the company and their insurers before anything got done..

In regards to the issue of the independent witness, the chap parked behind me who was blocking me from reversing saw the incident. I took his reg number in case I had to involve the police but as the company accepted liability for the for the incident the police advised that at that stage they did not need to seek a statement from him..

The hedge was fine, I made a point of ringing the hedge owner afterwards (a friend of my partners). It was the lower branches that caused the dint to my car and the deep scratches..

As an outcome I want the company to offer something more substantial than the pathetic apology they tried producing, as far as I’m concerned I gave them the opportunity to address the situation but I ended up having to do all the leg work. If this mean threatening court action or carrying out that court action, so be it..

It’s not a case of living a sheltered life, I placed a complaint about the actions of a company driver and the next thing I know that driver has come to my home banging on my door. In regards to why the driver was reversing, that one I can’t answer. He could have easily just followed the road round, which he did when he came to my home, but I suspect he was trying to save time by shortcutting backwards down the street. In regards to insurance premiums, I have never had an accident or even a speeding ticket, however a couple of years ago some little s**t broke into my house in the middle of the night and stole my car keys, since then any premium I have looked at has been through the roof but I’ve had to deal with it, hence I’ve no real love lost when it comes to insurance companies..

I’ve been advised that as the driver was driving a company vehicle, any incident falls under the control of the companies insurance so it was not a necessity to give the driver the details whilst he was still out on the road..

Chopper_Read

Neil1975 wrote: »

To answer all the feedback…

The solicitor is very reputable, I also sought advice from a second solicitor before taking action. I am basing the damages you mention on the stress the whole incident caused, I was asked by the companies area manager if I would let them rectify the situation without the need for involving the police but after giving them this leeway I spent several weeks having to chase the company and their insurers before anything got done..

In regards to the issue of the independent witness, the chap parked behind me who was blocking me from reversing saw the incident. I took his reg number in case I had to involve the police but as the company accepted liability for the for the incident the police advised that at that stage they did not need to seek a statement from him..

The hedge was fine, I made a point of ringing the hedge owner afterwards (a friend of my partners). It was the lower branches that caused the dint to my car and the deep scratches..

As an outcome I want the company to offer something more substantial than the pathetic apology they tried producing, as far as I’m concerned I gave them the opportunity to address the situation but I ended up having to do all the leg work. If this mean threatening court action or carrying out that court action, so be it..

It’s not a case of living a sheltered life, I placed a complaint about the actions of a company driver and the next thing I know that driver has come to my home banging on my door. In regards to why the driver was reversing, that one I can’t answer. He could have easily just followed the road round, which he did when he came to my home, but I suspect he was trying to save time by shortcutting backwards down the street. In regards to insurance premiums, I have never had an accident or even a speeding ticket, however a couple of years ago some little s**t broke into my house in the middle of the night and stole my car keys, since then any premium I have looked at has been through the roof but I’ve had to deal with it, hence I’ve no real love lost when it comes to insurance companies..

I’ve been advised that as the driver was driving a company vehicle, any incident falls under the control of the companies insurance so it was not a necessity to give the driver the details whilst he was still out on the road..

As you allege the other driver has been in a collision with you, he is entitled to your details. End of.

Sounds like you are after every penny you can get.

How much does you solicitor think the stress of your door being knocked is worth?

Neil1975_2

Chopper_Read wrote: »

As you allege the other driver has been in a collision with you, he is entitled to your details. End of.

Sounds like you are after every penny you can get.

How much does you solicitor think the stress of your door being knocked is worth?

Do you mind me asking how you come to that conclusion?. The police advised that the driver should not have been given my details and should have certainly not have come to my house, this advice was mirrored by both solicitors I spoke to before commencing action. The police advised that as the company had accepted liability for the incident they would not need to compile an incident report but would still be paying the company a visit to warn them about their course of action in giving the driver my details.

My solicitor has now issued proceedings against the companies insurers and I’m waiting on his advisement of how much we will be claiming for, and yes I hope he goes for every penny possible not only because it will compensate for all the hassle stress and grief this matter caused, but hopefully as it will also make the company sit up and think how it would handle a situation like this if it happened again.

It is very easy to read this posts and mock, but until you’ve actually experienced the events yourself you can not get a true understanding of the trouble this matter caused.

Chopper_Read

The postman knocked my door this morning. How much is that worth?

happybiker

Neil1975 wrote: »

In regards to the issue of the independent witness, the chap parked behind me who was blocking me from reversing saw the incident. I took his reg number in case I had to involve the police but as the company accepted liability for the for the incident the police advised that at that stage they did not need to seek a statement from him..

So, you do not have any independant witnesses ( the driver of the car you noted the registration number of may fail to cooperate or may not even be found (car sold, scrapped or exported)

It is simply your word against the delivery drivers that he caused you to have an accident. I am extremely surprised that the insurance company paid up, but don't know the reasons why.

By taking further legal action, you will risk deeper investigation of the incident and from the evidence you have presented on here, you might well be accused of insurance fraud. This would also involve the owner of the car you were driving.

Best let sleeping dogs stay where they are methinks, you could well be opening a can of worms that will drown you.

maninthestreet

It sounds like the OP is trying to hedge his bets...

angel00079

I can't believe that I am still reading this. I know it is my choice before we go down that line. It is like an episode of Sunset Beach, just can't help myself.

Have we actually established your details were given to the driver?

I don't agree with actions of the driver but taking it this far. Distressing as it may have been, by involving a solictor surely they are the ones to gain here. This country is going to get to the point where nobody does anything in case they get sued.

photome

angel00079 wrote: »

I can't believe that I am still reading this. I know it is my choice before we go down that line. It is like an episode of Sunset Beach, just can't help myself.

Have we actually established your details were given to the driver?

I don't agree with actions of the driver but taking it this far. Distressing as it may have been, by involving a solictor surely they are the ones to gain here. This country is going to get to the point where nobody does anything in case they get sued.

Think we may have already reached that point, not helped by greedy claimants and even greedier solicitors.

As has been said the driver may not have had the OP details but just been on the look out to go round and apologise, maybe he was worried about his job, but I guess the OP wouldnt care less if he lost his job as long as he got compensation for the stress of someone knocking on his door.

The more i read the more unbelievable it gets