Breach of GDPR claim Northampton/ gladstones

Lilly20

Hi there MSE forum,

I am looking for advice on best way to proceed with a Northampton court claim from gladstones on behalf on UKPCM because I have not personally recieved the claim, it’s been sent to someone else by accident. It’s only because a nice stranger has took the time to tell me that I know it exists!

So I have been contacted by a lady on Facebook to say her son has recieved a Northampton court claim form from a parking company, however in the same envelope was a court claim addressed to myself.

She has hunted through Facebook to find me and tell me! So I have spoke to the ICO who have said I first of all need to complain to small claims court as this is a major breach of GDPR and breaking law under data protection by giving a stranger my name , my address and the claim number.

Once I have had response from court I can decide wether I’m satisfied with there response or if I should continue with a complaint, which I will as if it wasn’t for the lady taking the time to find me on Facebook and notify me I would never of known and could of ended up with CCJ!!

My question for the forum is this:
do I in the meantime follow the steps given in newbies To defend case or do I for now just go through complaints to court in regards to this case number focusing on the fact I haven’t even recieved it and all the faults they have made, as if it wasn’t for this lady contacting me I wouldn’t even know. Also I am thinking it could get thrown out of court over this?

Could this work to my advantage ? Or technically is it not gladstones fault that the court posted my letter wrong?

The lady on Facebook is going to take a photo of it for me so at least I know case number and response password and don’t miss deadline, Iv also asked her to post it out to me, she was at work so hoping to have photo this evening.

Obviously if you think I should respond as normal whilst I complain at the same time how it’s been handled I will follow the newbies thread with all the advice there. I just didn’t want to let the process start when it could be thrown out anyway based on there complete breach of GDPR!

Thanks for reading hope someone can help?!

Quentin

Your complaint is with the Court not the claimant

You should deal with the claim (it won't go away just because of this!!)

Failure to do so could mean a default ccj being obtained and blighting your credit status which although you should be able to get removed will be hassle you can avoid by dealing with the claim as a separate issue to your complaint about the courts admin error

Lilly20

Thank you for quick response,
yes this is also what I am thinking myself, I thought best to double check on here first.

KeithP

When you have the information, please post here the Issue Date from your Claim Form.

Coupon-mad

Return the favour please, and send the lady and her defendant son here. Please!

Lilly20

Hi there,
Ok so an update I got the photo and she described it as the original claim form but it’s actually a notice of allocation to the small claims track along with my directions questionnaire.

It’s saying post questionnaire back by the 7th of May. So this is for a ticket I’m currently defending following advice on this board.

I’ve emailed CCBC with a complaint using the template ICO provide when complaining about how they have handled my data and that I haven’t presently got the questionnaire to return so can’t be held to there deadlines for response.

The lady kindly took a photo of my questionnaire /allocation next to her sons with his address on show as proof it’s ended up at her home. She also has complained to them herself about this.

She posted it to me yesterday, however now I’ve emailed them they are aware I haven’t had it and that Iv said deadline shouldn’t apply till they re send or sort this (they don’t know Iv been posted it)

Or do you think still fill out and send back? Just think it contradicts there mistake and my complaint to them?

Also the lady has mentioned to me that people get there cases quashed over this before? Not sure how that works though as surely not the claimants fault? Unless CCBC pay claimant also in compensation for not dealing with it...

Who knows ? Fingers crossed I will update you with the response from them.

Also Iv just seen her sons isn’t parking related got confused from her original message she meant mine. 100% would direct her here otherwise !!

Coupon-mad

Or do you think still fill out and send back?

Yes, I would. You can download one online easily.