GDPR. CASE LAW FOR NON CONSENT

kayleighali

NW6NW6 said:

Thank you for all comments, just to let you know I was awarded £3500 plus court fee, trial fee and expenses.

The Judged stated that in these cases the GDPR and prior legislation are all rolled into one, agreeing that  my personal data was used on a commercial basis without my consent . The lowest  band for damages is from £1450 to £5500.

The case as nearly always was decided before the hearing, in essence the hearing was to determine the amount of the award.

The negative comments actually helped me to focus more and galvanise my thoughts, so thank you for them

Seriously impressive considering the courts are backed up for around a year!

You must let people know how you managed this so quickly, I am sure a lot of people in difficult situations who have been waiting months for a court date would be very grateful!

k3lvc

user1977 said:

Plus a hamper, I hope.

And a public flogging of the photographer 

Just for clarity @NW6NW6 you're genuinely suggesting that between 4th Sept when you first asked the question and 13th you've managed to lodge a claim, get it heard and resolved in your favour. It'd be really useful to know the court involved so the next time my feelings are hurt I can go there rather than any real court that might recognise the (in)validity of my claim and put me to the back of the queue until I saw the error of my ways

NW6NW6

The case was already listed when I posted my question.

Please believe me in  there is no elation with this, it was about acknowledgement and curtailing the defendants arrogance not the award

IvanOpinion

In that case I look forward to hearing which charity you will be giving the money to.

MarvinDay

Four working days ago you were looking for evidence to submit to help your claim and you made no mention that there was a court date only a few days away yet here were are and the case has already been to court and a decision made.

elsien

MarvinDay said:

Four working days ago you were looking for evidence to submit to help your claim and you made no mention that there was a court date only a few days away yet here were are and the case has already been to court and a decision made.

No, when the OP was made it said that a claim had already been submitted. The OP hasn’t said how long ago they submitted the claim - the sceptics may wish to consider that in the absence of any evidence to the contrary it was submitted months ago and a court date given before the OP turned up here. 

MarvinDay

Possibly but surely if a confirmed court date was so close, this would have been mentioned and also, would it be possible to submit further evidence so close to the hearing especially as this wouldn't give the care home or their lawyers any chance to look into and query it if they felt further clarification or information was needed?

NW6NW6

When I made the post, I was in the process of  preparing my skeleton argument and was just looking for advice and opinions which I received.
The case was submitted last year, in mediation I was offered £500 which I obviously did not accept

Jenni_D

Witness Statements usually need to be filed/served 14 days before the hearing ... if OP knew the hearing was imminent then why were they looking for evidence after they had already submitted their WS? What were they going to do with such evidence? (They couldn't just turn up with it at the hearing as it would be ruled inadmissible).

Aylesbury_Duck

NW6NW6 said:

When I made the post, I was in the process of  preparing my skeleton argument and was just looking for advice and opinions which I received.
The case was submitted last year, in mediation I was offered £500 which I obviously did not accept

Earlier in the thread you intimated that it was the principle that was important, not the financial payout. 

You said "I am not  a predator like the parking companies."

If that were true, why did you not accept their offer?  As I said earlier, if you were just looking to trouser as much money as possible for yourself, then I'm afraid it's clearly nothing to do with principles or privacy, and is all about greed.