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Tort for incorrect KADOE request?

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  • zhonguonuren
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    It is clear you know the form but if the case does proceed to court, mention a matter of public importance and that you had tried to resolve your complaint beforehand.  You will know that you do have to prove the element of anxiety/stress however.  We brought a case for negligence (leading to a breach of GDPR) against the DVLA and convinced the judge it had caused us a lot of stress (it was true - we were bombarded with demands that were unlawfully issued, threat of debt collectors - the norm for these scammers).  It was not about the money as the award was minimal -  the win was worth every hour spent preparing the case.  
    On another note 
    Everyone should write to the DVLA and revoke the consent that is on the V5C - ie that the DVLA can release details if reasonable cause is demonstrated.  The DVLA was grossly negligent in releasing our details - nothing on our V888/3 was checked to be accurate.  It was quite shocking.  
  • Umkomaas
    Umkomaas Posts: 41,721 Forumite
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    A 'win' in the small claims court in this case will create absolutely no legal precedent whatsoever. There will be no landmark judgment.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Quite.

    And is WPSATC relevant for a formal Letter Before Action? (No idea, it just doesn't feel right).
  • pould
    pould Posts: 252 Forumite
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    Umkomaas said:
    A 'win' in the small claims court in this case will create absolutely no legal precedent whatsoever. There will be no landmark judgment.
    You're absolutely right. A win in a County Court is no precedent whatsoever. It can however be refered to in other cases as a ruling to be considered in a similar case AND in the right context can be appealed.
    But imagine you had some clever (pro bono) solicitors who were fed up to the back teeth with parking companies not bothering to check whether a contravention was actually a contravention before making a KADOE request.....

  • D_P_Dance
    D_P_Dance Posts: 11,508 Forumite
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    OP appears to know what he/she id doing.  We have done our bit, why keep bothering them.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,721 Forumite
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    pould said:
    Umkomaas said:
    A 'win' in the small claims court in this case will create absolutely no legal precedent whatsoever. There will be no landmark judgment.
    But imagine you had some clever (pro bono) solicitors who were fed up to the back teeth with parking companies not bothering to check whether a contravention was actually a contravention before making a KADOE request.....

    Maybe John de Waal QC fancies another shot?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • zhonguonuren
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    pould said:
    Umkomaas said:
    A 'win' in the small claims court in this case will create absolutely no legal precedent whatsoever. There will be no landmark judgment.
    You're absolutely right. A win in a County Court is no precedent whatsoever. It can however be refered to in other cases as a ruling to be considered in a similar case AND in the right context can be appealed.
    But imagine you had some clever (pro bono) solicitors who were fed up to the back teeth with parking companies not bothering to check whether a contravention was actually a contravention before making a KADOE request.....

    This is absolutely what is needed and also a challenge to the DVLA that it is releasing motorists’ details without ‘reasonable cause’ simply because a car park company is a member of an ATA. Will Hurley and John Davies (the only 2 shareholders) have sold all their shares in IPC (United Trade & Industry Ltd) to a newly incorporated company - Will Hurley Ltd (how convenient). I asked the DVLA why it allowed a buyout of an accredited trade association to a third party and if checks were checks made etc.  Of course, the DVLA no longer responds to my complaints.  
    A challenge is needed by a high profile law firm and I cannot understand why it has not already happened as everyone who has paid a PCN (issued without justification) should be entitled to their money back and costs, including for negligence/breach of GDPR from the parking companies (and a claim against the ATA for allowing this behaviour by its members).   
  • pould
    pould Posts: 252 Forumite
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    pould said:
    Umkomaas said:
    A 'win' in the small claims court in this case will create absolutely no legal precedent whatsoever. There will be no landmark judgment.
    You're absolutely right. A win in a County Court is no precedent whatsoever. It can however be refered to in other cases as a ruling to be considered in a similar case AND in the right context can be appealed.
    But imagine you had some clever (pro bono) solicitors who were fed up to the back teeth with parking companies not bothering to check whether a contravention was actually a contravention before making a KADOE request.....

    This is absolutely what is needed and also a challenge to the DVLA that it is releasing motorists’ details without ‘reasonable cause’ simply because a car park company is a member of an ATA. Will Hurley and John Davies (the only 2 shareholders) have sold all their shares in IPC (United Trade & Industry Ltd) to a newly incorporated company - Will Hurley Ltd (how convenient). I asked the DVLA why it allowed a buyout of an accredited trade association to a third party and if checks were checks made etc.  Of course, the DVLA no longer responds to my complaints.  
    A challenge is needed by a high profile law firm and I cannot understand why it has not already happened as everyone who has paid a PCN (issued without justification) should be entitled to their money back and costs, including for negligence/breach of GDPR from the parking companies (and a claim against the ATA for allowing this behaviour by its members).   

    So to be clear, I have a specific complaint about an illegal request for my personal data in specific circumstances.
  • zhonguonuren
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    Confused.  Are you asking or telling?  As far as I am aware I am the only successful litigant against the DVLA and it was in very specific circumstances.  I brought a claim against the parking company which if I win I will post and encourage others to take similar action as I believe it would stop the industry in its tracks.  Until then I am not qualified to answer and hoped you had an expert in mind.  I personally have tested it - not brilliantly as I know a lot more now but even a failure may help others (and I believe in justice). 
  • D_P_Dance
    D_P_Dance Posts: 11,508 Forumite
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    edited 26 March 2020 at 12:18PM
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    I have never taken them to court, but it cost them ££££s when they tried to diddle me out of two months tax refund.   after my car was written off in Spain.
    You never know how far you can go until you go too far.
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