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DPA claim (after court win) POFA
energy1x
Posts: 77 Forumite
I have won several cases against PPCs thanks to this forum, and as a result have the following follow up question related to one of my cases.
Several years ago I won in court, against a prolific PPC who uses the services of Gladstones solicitors based in their golf club.
The 'cause' of the claim was vehicle had 'overstayed' in a residential car park. A windscreen ticket was issued. A NtK was then sent.
The NtK was non-complant, and this was the basis of my win in court. The photographs used in the NtK were taken at the same time (seconds apart) and therefore did not show a duration of parking. Therefore, NtK non-compliant, case dismissed.
On this basis, I believe that the PPC processed and indeed requested my keeper details from the DVLA without proper reason. The photos provided did not evidence any duration of parking. So at the stage that I received a non-compliant NtK, the PPC was processing and had obtained my data (address/name) without proper basis.
Is this enough to pursue a claim against the PPC? I have several years to launch this, as I am almost half way through the 6 years allowable to bring a claim.
Thank you, any views welcome
Several years ago I won in court, against a prolific PPC who uses the services of Gladstones solicitors based in their golf club.
The 'cause' of the claim was vehicle had 'overstayed' in a residential car park. A windscreen ticket was issued. A NtK was then sent.
The NtK was non-complant, and this was the basis of my win in court. The photographs used in the NtK were taken at the same time (seconds apart) and therefore did not show a duration of parking. Therefore, NtK non-compliant, case dismissed.
On this basis, I believe that the PPC processed and indeed requested my keeper details from the DVLA without proper reason. The photos provided did not evidence any duration of parking. So at the stage that I received a non-compliant NtK, the PPC was processing and had obtained my data (address/name) without proper basis.
Is this enough to pursue a claim against the PPC? I have several years to launch this, as I am almost half way through the 6 years allowable to bring a claim.
Thank you, any views welcome
0
Comments
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This might be difficult. The PPC can lawfully request RK details from the DVLA to enquire identity of the driver.
If this is not forthcoming, whether they can claim a breach of contract against the RK is up to a judge. How precisely do you think the PPC has breached your DP rights?You never know how far you can go until you go too far.0 -
I believe they have breached my rights because they have requested and then obtained my name and address without justifiable/reasonable cause - the ticket should not have been issued and the paperwork (NtK) in association was non-compliant.0
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Whether a ticket has been properly issued or not is surely a matter for a judge. IMO they had reasonable cause.You never know how far you can go until you go too far.0
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