ANPR double dip case - small claims court stage

Umkomaas

do the SAR now, there is no reason why the DPO can refuse.

https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related

The_Slithy_Tove

Jo0804 wrote: »

Unfortunately back then I only turned on Location on my phone when I went out for the run and off when I finished so don't have location data for the whole day which would have been great. All I can prove is that whoever used my Google account did that run and not that my car left the car park.

For civil cases like this, it's decided on the "balance of probabilities", rather than the "beyond reasonable doubt" level required for criminal convictions. As such, as long as you appear credible to the judge, and not trying to take the p***, then that kind of data would strengthen your case massively, even if it wasn't cast iron. Piling in more and more "circumstantial" evidence to assist your case will not harm it.

steve1500

Coupon-mad wrote: »

Yes.

Oh, and why not send a SAR to VCS' Data Protection Officer, requiring images from their ANPR system, showing every time your car was captured by their ANPR cameras on both occasions that a PCN was issued (not just first arrival/last exit).

It would be good to see the proof of the pudding from the one they cancelled, and to see ALL images from the day in question.

Let's see if they are honest with this data they have to supply. Popcorn time for us...!

...do the SAR now, there is no reason why the DPO can refuse.

For an ANPR SAR you do have to give them a rough time.

If you don't give them a rough time, then they can refuse the SAR claiming disproportionate effort.

Anyone getting double dipped should be going after compo.

Clear breach of the 1st DPA principle

System

Clear breach of the 1st DPA principle

It is a good idea - if you are considering this - to put it to them they should check their installation and maintenance records as you will be asking for them as part of the court process (to narrow the issues).

Clearly if they spend f-all on maintenance and keep no records they have f-all defence. Any decent ambulance chasing solicitor would ask the same.

Jo0804

Thought I'd update you on this case since your support stopped me from giving in and paying the claim a number of months ago.

The small claims court hearing was scheduled for today in my local county court. Partly my fault not reading all the 'notice of allocation of hearing...' document in full (partly because one page had been stapled in backwards) I only managed to submit my defence in the nick of time to the court and to VCS (bang on 2 weeks before the hearing date, costing me £14 in next day delivery postage).

I showed up at the court this morning (having taken time off work unpaid, driven the 20 miles here and paid for parking) only to find that the case wasn't on the list of cases being heard. I went up to the floor I was directed to and the clerk looked up my case. Apparently VCS dropped the case last Wednesday (9 days ago) and should have told me this. Of course they didn't tell me so I've wasted time and money which I'm cross about but pleased that I've 'won' in that they dropped it....what a bunch of cowboys.

I can't understand is why it's left up to them to tell me that the case is dropped surely the court should send me a letter to let me know?? I feel a bit cheated that I didn't get to go to court with it and annoyed they got one over on me for not telling me they dropped the case. However, still a victory against them.

The_Deep

All is not lost, you have a very good case for going after the scammers for CPR27.14(2)(g) unreasonable behaviour costs if you are so inclined.

You can claim for all the time you spent on this at £19.00 an hour.

Did the judge not advise you of this?




i.

Jo0804

I saw no judge. The case had been dropped.

bargepole

Jo0804 wrote: »

I saw no judge. The case had been dropped.

Too late now to be wise after the event, but what you should have done on the day, was to insist that you went in front of a Judge to make an application for wasted costs, based on the Claimant's failure to serve a Notice of Discontinuance.

Jo0804

Not sure I'd get to see the judge just by insisting - I'd have thought they'd only see scheduled cases for that date surely?

Jo0804

Not sure I'd get to see the judge just by insisting - I'd have thought they'd only see scheduled cases for that date surely?