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Tort for incorrect KADOE request?

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2456713

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  • Fruitcake
    Fruitcake Posts: 58,357 Forumite
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    edited 25 March 2020 at 3:44PM
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    Do you know what "without prejudice" means? Do you really, really know what it means and understand the consequences of that term if this goes to court? If not then I suggest you delete that line.


    Personally I don't think you have a strong enough case, but it's your money. All credit if you win, but it could cost you nearly £200 if you lose.
    I married my cousin. I had to...
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  • D_P_Dance
    D_P_Dance Posts: 11,504 Forumite
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    I do not share Mr Dundee's pessimism, go for it.  BTW he is right about WPSATC.
    You never know how far you can go until you go too far.
  • pould
    pould Posts: 252 Forumite
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    Fruitcake said:
    Do you know what "without prejudice" means? Do you really, really know what it means and understand the consequences of that term if this goes to court? If not then I suggest you delete that line.


    Personally I don't think you have a strong enough case, but it's your money. All credit if you win, but it could cost you nearly £200 if you lose.
    Hi,
    Yes, fully aware of what I've written. There is method in the madness.
  • pould
    pould Posts: 252 Forumite
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    D_P_Dance said:
    I do not share Mr Dundee's pessimism, go for it.  BTW he is right about WPSATC.
    Thanks for the confidence.
    Yes, there is other evidence that can be submitted. I'm trying at this point to be as reasonable as possible.
    I'm happily in the position to spend a few hundred pounds to test the basic legal principle that a KADOE submission should be made on the basis of ALL the evidence that a car parking firm has available to assess whether a contravention has occured, not just a portion of the evidence that can be automated. I think it's an important principle that any half decent County Court judge should recognise needs some consideration.
  • KeithP
    KeithP Posts: 37,889 Forumite
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    As others have said, without prejudice save as to costs will be to your disadvantage.

    That phrase means that neither party can mention the content of that letter, except when discussing costs.

    You surely want to be able to produce that letter in court demonstrating that you have tried to point out to the Claimant the errors in their claim.
  • pould
    pould Posts: 252 Forumite
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    KeithP said:
    As others have said, without prejudice save as to costs will be to your disadvantage.

    That phrase means that neither party can mention the content of that letter, except when discussing costs.

    You surely want to be able to produce that letter in court demonstrating that you have tried to point out to the Claimant the errors in their claim.

    No, because there is preceding correspondence and because there is other evidence that can be submitted.
    As I said, I'm being as reasonable as I can at this point AND I have no desire refer to any previous offer when I submit the claim in 14 days time (and prepare a bundle afterwards).
    The choice is clear - the company can pay me £250 now OR we can discuss the full matter in front of a judge, with the potential to have a ruling that would undermine the operating model of large numbers of these firms that issue KADOE requests without first engaging in any due diligence as to whether a contravention has or has not happened.

  • KeithP
    KeithP Posts: 37,889 Forumite
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    So why exactly do you want to use the phrase without prejudice save as to costs in that letter?

    It does nothing other than restrict your options.
  • pould
    pould Posts: 252 Forumite
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    edited 25 March 2020 at 5:41PM
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    KeithP said:
    So why exactly do you want to use the phrase without prejudice save as to costs in that letter?

    It does nothing other than restrict your options.

    It's a genuine open offer to settle now based on the limited facts stated. There are other facts that can be presented to the court in due course if the offer is rejected.
    Remember, the overwhelming majority of the cases we discuss here are where a parking company takes an individual court. Here it is the reverse.
  • D_P_Dance
    D_P_Dance Posts: 11,504 Forumite
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    Keith, I think that Pould knows what he/she is doing.  
    You never know how far you can go until you go too far.
  • zhonguonuren
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    I really wish you well.  It is about time the floodgates were opened and more claims were made for breach of GDPR which will stop the parking scam and only legitimate parking operators will remain.    We are suing a car park company in the same circumstances but the case was adjourned as we mentioned in the witness statement that the ICO was investigating our complaint and the judge wanted to know the findings of the ICO first !? The response from the ICO could take months - annoyingly.  I will update when I can.  
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