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Tort for incorrect KADOE request?

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1246713

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  • pould
    pould Posts: 252 Forumite
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    edited 22 April 2020 at 3:56PM
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    Hi all,
    We're moving forward. Would anyone with suitable experience be willing to review and comment on the Particulars of Claim as I prepare my N1?
  • zhonguonuren
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    Many of us would be happy to take a look but this is new ground.  Are you issuing a moneyclaim online?  If so, I would hit the button that you will provide all details within 14 days and just give a very brief description for now - eg my claim is for breach of GDPR.  The defendant accessed my data without reasonable cause and I suffered anxiety and distress as a result of that breach.   

    If no one is in the office to acknowledge the claim you might win by default! 

    To anyone else reading.  I would suggest letting the parking company send a few more demands and writing back (with proof of postage) asking it to stop harassing you - before sending a letter before claim.
  • zhonguonuren
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    It is my understanding that a breach of GDPR does not necessarily mean compensation.  There has to be material or non material damage. Non material can be anxiety and distress - constant demands, threat of debt collectors, risk to credit rating etc can be seen to cause real anxiety. 
    I quoted Vidal-Hall v Google.  Interesting case as Google appealed but then settled.
  • Coupon-mad
    Coupon-mad Posts: 133,028 Forumite
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    If you are moving abroad, how can you use the English courts?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pould
    pould Posts: 252 Forumite
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    If you are moving abroad, how can you use the English courts?
    I'm a UK resident, have been for over 40 years and will continue to be for the foreseeable future. 
  • pould
    pould Posts: 252 Forumite
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    edited 22 April 2020 at 8:03PM
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    Many of us would be happy to take a look but this is new ground.  Are you issuing a moneyclaim online?  If so, I would hit the button that you will provide all details within 14 days and just give a very brief description for now - eg my claim is for breach of GDPR.  The defendant accessed my data without reasonable cause and I suffered anxiety and distress as a result of that breach.   

    If no one is in the office to acknowledge the claim you might win by default! 

    To anyone else reading.  I would suggest letting the parking company send a few more demands and writing back (with proof of postage) asking it to stop harassing you - before sending a letter before claim.
    Needs to be a posted claim as I'm not specifying the quantum of damages sought. 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    No it doesn't , you just state a sum no greater than x , for example 10k. Should be allowed on mcol. 

    Or go for 750?
  • zhonguonuren
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    I would suggest a moneyclaimonline - for £300 or less to keep the costs down plus it is a simple process.  My claim was for £500 (plucked out the air) but the judge considered the harassment and only awarded £200 ish plus costs).

    A claim I made pre GDPR (so breach of Data Protection Act) for my daughter I asked for £1,000 and received £500 for her,  plus costs, an apology and an adjustment to her credit file.   Fulham & Hammersmith Council said she had not paid council tax on a flat she had moved out of 4 years before and the new owner received a notice the bailiffs were coming.  Wrong account number on the notice.  The council settled so no court hearing.  This case was definitely worse as it was embarrassing and caused her difficulties getting credit.  

    So, in my limited experience, it depends what problems/stress you can demonstrate  the breach has caused you.  
  • pould
    pould Posts: 252 Forumite
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    edited 23 April 2020 at 9:12AM
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    I would suggest a moneyclaimonline - for £300 or less to keep the costs down plus it is a simple process.  My claim was for £500 (plucked out the air) but the judge considered the harassment and only awarded £200 ish plus costs).

    A claim I made pre GDPR (so breach of Data Protection Act) for my daughter I asked for £1,000 and received £500 for her,  plus costs, an apology and an adjustment to her credit file.   Fulham & Hammersmith Council said she had not paid council tax on a flat she had moved out of 4 years before and the new owner received a notice the bailiffs were coming.  Wrong account number on the notice.  The council settled so no court hearing.  This case was definitely worse as it was embarrassing and caused her difficulties getting credit.  

    So, in my limited experience, it depends what problems/stress you can demonstrate  the breach has caused you.  
    I'm relying on other previous cases for the quantum - should be in the region of four figures.
    And in your case the £500 was an out of court settlement. This is the final offer I have made to Smart Parking in order to avoid going to court.

  • pould
    pould Posts: 252 Forumite
    Photogenic Name Dropper First Post First Anniversary
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    No it doesn't , you just state a sum no greater than x , for example 10k. Should be allowed on mcol. 

    Or go for 750?

    Thanks. I think a much larger quantum is reasonable. I will explore whether an online submission is possible.
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