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DPA breach - to counterclaim?
willber92
Posts: 30 Forumite
As detailed in another thread, I'm currently writing a defence against UK CPM (which needs to be submitted by Sunday 18th August) as I received a PCN for parking in a Visitors space on a housing estate, completely oblivious to the fact there were any parking regulations due to the signage being so limited and poorly positioned. I've been digging through the Data Protection Guidance thread which has been a gold mine of useful info on the matter.
I'm considering claiming against them for misusing my personal data, and breaching of points 1 and 2 of the Data Protection Act, as UK CPM failed on 2 requirements of the KADOE contract before requesting my data:
- No contract, as a case of inadequate signage
- Not conforming to POFA requirements for pursuing keeper, as the Notice to Keeper was delivered beyond the required 14 day window
What do you think my chances are of succeeding to claim for distress, considering there was such a serious lack of signage, and is it worth pursuing them over this? Would £500 be a reasonable amount to claim? I've read other success stories of Mr. B who was awarded £500, and another received £750.
I'm under the impression that if I'm going to proceed it would be better to submit this now as a counterclaim rather than claiming further down the line, to avoid 2 potential court dates, but would it strengthen my case to claim separately once it’s resolved if I’ve won?
The alleged contravention occurred in November 2017, and I sent them letters in both December 2017 and January 2018, explaining why I denied the charge and also sent a Section 10 Data Subject Notice - demanding they cease and desist from processing my personal data and that the DPA required them to respond within 21 days, and guess what, they ignored both letters!
Stupidly I didn’t get a proof of postage when I sent these 2 letters, but could hopefully prove from the document creation date that they are genuine. Would this allow me claim for a higher amount?
Would really appreciate anyones advice on the above, as I really want to fight back!
I'm considering claiming against them for misusing my personal data, and breaching of points 1 and 2 of the Data Protection Act, as UK CPM failed on 2 requirements of the KADOE contract before requesting my data:
- No contract, as a case of inadequate signage
- Not conforming to POFA requirements for pursuing keeper, as the Notice to Keeper was delivered beyond the required 14 day window
What do you think my chances are of succeeding to claim for distress, considering there was such a serious lack of signage, and is it worth pursuing them over this? Would £500 be a reasonable amount to claim? I've read other success stories of Mr. B who was awarded £500, and another received £750.
I'm under the impression that if I'm going to proceed it would be better to submit this now as a counterclaim rather than claiming further down the line, to avoid 2 potential court dates, but would it strengthen my case to claim separately once it’s resolved if I’ve won?
The alleged contravention occurred in November 2017, and I sent them letters in both December 2017 and January 2018, explaining why I denied the charge and also sent a Section 10 Data Subject Notice - demanding they cease and desist from processing my personal data and that the DPA required them to respond within 21 days, and guess what, they ignored both letters!
Stupidly I didn’t get a proof of postage when I sent these 2 letters, but could hopefully prove from the document creation date that they are genuine. Would this allow me claim for a higher amount?
Would really appreciate anyones advice on the above, as I really want to fight back!
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