DPA claim after hearing success

richy4

I recently won my defence against a PPC with great help and guidance from these forums.

I have read the very interesting thread by Timothea on the board and am considering a DPA claim against the PPC for damages for the intransigence towards their original claim and for the use of my details without proper compliance to the DPA.

My case was won on the fact that the PPC did not comply with POFA Schedule 4 as the NtK did not prove a period of parking.

Am I correct therefore to attempt to claim under DPA for damages as the PPC should not have continued pursuing me and using and storing my data following the issue of the original faulty and noncompliant NtK?

I'd appreciate some guidance, whether based on my win above to their claim I could try a claim against them and the managing agent who contracted them. :beer:

Lamilad

I could try a claim against them and the managing agent who contracted them

In what way has the MA misused your personal data?

Umkomaas

And you need to be able to articulate/demonstrate/prove stress. Not doubting that didn’t occur, just a heads up in relation to where the bar might be set, so you take that into account when considering your options.

There have been one or two successful cases coming through a few months ago (the Prankster covered them in his blog), but no ‘landmark’ kind of private parking cases of note beyond those.

Ryandavis1959

The Prankster himself had a court case for a DPA claim, this is well documented on Facebook but it doesn’t look like he has had time to blog about it yet. OP you should email him for advice.

Coupon-mad

Ryandavis1959 wrote: »

The Prankster himself had a court case for a DPA claim, this is well documented on Facebook but it doesn’t look like he has had time to blog about it yet. OP you should email him for advice.

Wow here you go again; this time snidily mocking the Prankster; last time it was Barry Beavis. Yes, I know the outcome of both cases and they were sterling efforts. It's obvious you know too, but you are very clearly on the wrong side for this forum.

Seriously have you nothing better to do, is business that slow?

pappa_golf

OK , the breach , breach for what? getting your info from the DVLA?


well , upto the part where the typed the NTK , they HAD complied with UK law

bargepole

richy4 wrote: »

I recently won my defence against a PPC with great help and guidance from these forums.

I have read the very interesting thread by Timothea on the board and am considering a DPA claim against the PPC for damages for the intransigence towards their original claim and for the use of my details without proper compliance to the DPA.

My case was won on the fact that the PPC did not comply with POFA Schedule 4 as the NtK did not prove a period of parking.

Am I correct therefore to attempt to claim under DPA for damages as the PPC should not have continued pursuing me and using and storing my data following the issue of the original faulty and noncompliant NtK?

I'd appreciate some guidance, whether based on my win above to their claim I could try a claim against them and the managing agent who contracted them. :beer:

Your chances of winning a DPA breach claim based on those facts are about the same as those of Crystal Palace becoming Premier League champions this season.

The 'period of parking' requirement in NTKs is often ruled to be irrelevant in permit situations, the argument being that the car being there without a permit is an instant breach of contract, unlike, say, an overstay of paid time.

You were lucky to get a Judge who considered this significant; many wouldn't.

The PPC were entitled to obtain and process your data, and I can't see any basis upon which you could realistically argue that they breached the DPA by doing so, or that any damage and distress was caused.

Lamilad

Ryandavis1959 wrote: »

The Prankster himself had a court case for a DPA claim, this is well documented on Facebook but it doesn’t look like he has had time to blog about it yet. OP you should email him for advice.

You're fooling no-one on this forum. If you're Smart you'll give it up as a bad job.

[Deleted User]

As I see it the claim was defeated on a technicality -procedural error (well done). That doesn't mean the PPC didn't lawfully obtain personal data from the dvla or have authority or reasonable belief that they were entitled to use it.

System

While you have been given a lot of useful information and advice, the downside of any DPA claim is around £200 ish

If you have £200 to spend on a few months of delightful enjoyment watching both parties squirm, then take the risk.

From experience, it is great fun.

The_Deep

Wow here you go again; this time snidily mocking the Prankster;


What has happened to him, he has not added to his blog in weeks?