We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Notification of Legal Proceedings Received
Comments
-
I suggest a different tact with this
Perky reads this board
Wait until perky issues a claim against you. Then defend on basis not liable at the same time issue a counter claim
Otherwise you are at risk of him going straight after the driver
So even if he dropped case and went after the driver you should still be *up* financially.....0 -
BrownTrout wrote: »I suggest a different tact with this
Perky reads this board
Wait until perky issues a claim against you. Then defend on basis not liable at the same time issue a counter claim
Otherwise you are at risk of him going straight after the driver
So even if he dropped case and went after the driver you should still be *up* financially.....
It depends on whether the OP wants to go to court and get £500-£700 for a DPA breach, less the £175 if the driver loses in a separate case.
Alternatively the drop hands offer needs to cover the driver and keeper, in exchange for the keeper not pursuing a counterclaim for DPA/GDPR breach.
The landowner needs to be brought into this as well and informed they will also be liable for the DPA/GDPR breach and will be required to attend court.
If the OP wants to avoid court then he/she needs to make the complaints to the DVLA/ICO/DFT as I have suggested.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
When I reply to the letter I have been sent do I need to supply all the evidence I would be supplied if we were going to court?
Would it be sensible to
1) supply the evidence that they have breached the data protection act
2) mention that I will counterclaim and also
3) include the reasons why I do not believe the original ticket is enforceable
Thank you0 -
Hmm, I wouldn't. I'd do what Brown Trout suggests. WAIT, do nothing.
Reason being, if you tip them off that they have the wrong party in their sights they might look back at the paperwork and send a claim to your husband instead.
Which gets you precisely nowhere and he has less of a defence.
As long as they had the driver's full name and postal address then they have no case against you, hence why we suggest a counter claim if they try.Does the fact that they had the drivers address affect the PPC's ability to take me to court as the owner of the vehicle?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you, everyone. I really appreciate all of your help.
The letter asks for payment within 3 weeks and makes no mention of 30 days. I think they are just trying to put the frighteners on me.0 -
So to confirm - they had the drivers FULL name and FULL address? If Yes, and you can prove it in some way - certificate of posting, sent email etc - then I would site tight, as longa syoure prepared to deal with a court claim.
If you do not with to have anything to do with court, then you can warn them now, offfer a drop hands and state that a condition of you dropping any claim to GDPR breach would be they must cancel the ticket completely, no going after ANYONE.0 -
Also complain to the landowner and point out whoever employed the scammers is jointly liable for this offence and must make themselves available in court as you will be calling them as a witness in your counterclaim if this is not cancelled fifthwith.
Hello
The landowner has responded to my letter. They have basically said they are not responsible in any way for the data breach as they are a totally independent company to the parking management company.
I don't suppose you have any good case law or legislation I can throw back at them do you. I have looked at myself but cannot find anything suitable to show that they are jointly liable.
Thank you all again for your help.0 -
illgetthroughthis wrote: »Hello
The landowner has responded to my letter. They have basically said they are not responsible in any way for the data breach as they are a totally independent company to the parking management company.
I don't suppose you have any good case law or legislation I can throw back at them do you. I have looked at myself but cannot find anything suitable to show that they are jointly liable.
Thank you all again for your help.
There was an interesting case where, coincidentally, a parking company sued another company. It was held the other company were responsible for their employees action. Read it here https://www.bailii.org/ew/cases/EWCA/Civ/2015/1453.html
Please make a careful note of the parking companies name.
Your particular ppc is an employee of the landowner so it is arguable they are liable for their employees actions.0 -
Subject Access Requests have been returned by the Parking Company.
They have cropped out my husbands name, address and mobile number from his appeal letter.
I assume that this is so they can argue that they did not have my husbands details when they sent the NTK request.
Does anyone know if it is an offense to edit data given out as part of a subject access request?
Thank you0 -
Yes, it's an offence to "alter, deface, block, erase, destroy or conceal information" under section 173(3) of the 2018 Data Protection Act:-illgetthroughthis wrote: »Subject Access Requests have been returned by the Parking Company.
They have cropped out my husbands name, address and mobile number from his appeal letter.
I assume that this is so they can argue that they did not have my husbands details when they sent the NTK request.
Does anyone know if it is an offense to edit data given out as part of a subject access request?
Thank you
http://www.legislation.gov.uk/ukpga/2018/12/section/173/enacted0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.6K Banking & Borrowing
- 253.3K Reduce Debt & Boost Income
- 453.9K Spending & Discounts
- 244.6K Work, Benefits & Business
- 599.9K Mortgages, Homes & Bills
- 177.2K Life & Family
- 258.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards