Tort for incorrect KADOE request?

pould

zhonguonuren said:

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

- 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?  

zhonguonuren

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

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.  

zhonguonuren

In the hearing against the DVLA for negligence leading to breach of GDPR, the (different) judge did not know GDPR regulations either but the barrister for the DVLA had her laptop with her so he made her look them up! It was painfully (for her) slow.  That was a happy day 😊 

pould

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

I love it when people fight back.

pould

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

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?

pould

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......