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Tort for incorrect KADOE request?

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  • pould
    pould Posts: 252 Forumite
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    I am happy to post here.  Particulars of claim were brief as there is limited space on moneyclaim unless you send separately.  Initially the case was won by default and I issued a warrant after non payment.  The parking company had the judgement set aside claiming no correspondence was received (most of it was automatic via Northampton!).  The date was however then set for the hearing and witness statement filed (very detailed with help from posts here) but the Judge, although she could see the evidence (and it is pretty damning) wanted the exact sections of the DPA/GDPR referred to by way of photocopies.  I assumed (wrongly) the Judge would know the Act. Also the Judge needed me to clarify Vidal-Hall as she thought Google had appealed and did not know Google had settled.  Lesson learnt - some judges know more than others - never assume the judge knows every Act!
    I have until June to produce the Act and some case law etc.  

    Would appreciate you posting the initial Particulars of Claim
  • D_P_Dance
    D_P_Dance Posts: 11,506 Forumite
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    - never assume the judge knows every Act!

    But  surely he/she could find it it very short order,  Is not a failure to do a reason to complain?  
    You never know how far you can go until you go too far.
  • zhonguonuren
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    Would appreciate you posting the initial Particulars of Claim
    Ok here it is - an example of how not to do it!  The witness statement is much better.  It contains photographs of the meter not in use (with no other means to pay) the wrong time on it, that KPS images were taken manually and not using this mysterious mobile ANPR.  The police confirmed that mobile ANPR is not a man with a camera and that mobile ANPR cannot get behind a car parked up against a thick Cornish hedge etc etc. 
    The original claim was sent before I found this section of MSE.
  • zhonguonuren
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    D_P_Dance said:
    - never assume the judge knows every Act!

    But  surely he/she could find it it very short order,  Is not a failure to do a reason to complain?  
    Maybe - but could end up with the same judge so not wanting to tick her off.  I think you are supposed to try and save the court time.  I liked her!  She was so interested in the case and had never come across similar circumstances.  It is usually the parking company suing the motorist (with sometimes a counter claim).  So I guess small claims court is more contract law rather than DPA/GDPR.  
  • pould
    pould Posts: 252 Forumite
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    A solicitor and a barrister (I love my friends) have now advised on the Particulars of Claim with some useful edits. Unless Smart Parking get back to me by tomorrow evening we make the claim on Friday morning.
  • D_P_Dance
    D_P_Dance Posts: 11,506 Forumite
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    I love it when people fight back.
    You never know how far you can go until you go too far.
  • pould
    pould Posts: 252 Forumite
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    D_P_Dance said:
    I love it when people fight back.

    It's nice isn't it? In other news, no advertising or planning permision sought or granted for either the signs at the entrance to the car park or for the pole and camera that captured the VRN. Witness statement forthcoming from *very* friendly planning department to the effect that the erection of both was illegal.
  • Umkomaas
    Umkomaas Posts: 41,573 Forumite
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    Witness statement forthcoming from *very* friendly planning department to the effect that the erection of both was illegal.
    What are they going to do about it?  They are the enforcing authority. I don't think the absence of planning permission is 'illegal', but the absence of advertising consent for signage is (potentially a criminal offence). Have you raised this with the local authority?
    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
  • pould
    pould Posts: 252 Forumite
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    Umkomaas said:
    Witness statement forthcoming from *very* friendly planning department to the effect that the erection of both was illegal.
    What are they going to do about it?  They are the enforcing authority. I don't think the absence of planning permission is 'illegal', but the absence of advertising consent for signage is (potentially a criminal offence). Have you raised this with the local authority?
    Oh yes......
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