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    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
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UK26 -V- Experian Limited


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Thought this would be of interest to members of this forum.

I issued a claim against Experian Limited for removal of disputed data from my credit file.

They have refused to remove the data at my request so a claim was issued in Peterborough County Court.

I have many documents to scan which will take an hour or two. However, I will have them all up asap.

Any feedback would be welcomed and any help with my statement of case would be appreciated.

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I think that your Particulars of Claim should have set out exactly which bits of data are disputed and why, e.g.

 

'Credit file dated xx/xx/xx states that an amount of £xx.xx is owed to XXX. No such amount is owed to XXX because ......'

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I may be wrong (I haven't actually tested this myself, yet!) but I think the facts need to go in the particulars of claim. My current case is not quite the same as yours as it's against a creditor rather than a CRA, but this is the particulars of claim that I used http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/102134-reallymad-hsbc-7.html#post1562603

based on various things nicked from around the site. I couldn't actually find anything very similar to my situation, but I did use the same format as other particulars of claim.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Here is what i have come up with so far. Any input would be of help?

 

1. The Claimant is at all material times an individual (Subject) under The Data Protection Act 1998.

2. The Defendant is at all material times a Data Controller in the meaning of the Data Protection Act 1998, and is responsible for the processing of data of which the Claimant is a Subject.

3. On 12th February 2008 and 11th March 2008, the claimant sent an email to the defendant disputing the data within the claimant’s credit report.

4. It’s admitted by the claimant that the defendant placed a dispute marker on the claimants credit file and contacted the lenders to confirm the data was correct.

 

The claimant contends even though the defendant placed a disputed marker on his credit file, doing so had no effect and the data on the credit file still embarrassed the claimant in such way he was not able to obtain full banking services with any high street banks and was declined by estate agents for an application to rent a flat. This resulted in the claimant having no other option then to live in the ********* ( A large block of rooms for the homeless)

 

The defendant was made aware that the data within the credit report had been disputed and the claimant believes it is against the Data Protection Act 1998, to place a default or continue to allow a default to be published where a legitimate dispute exists.

I enclose two copies of the claimant’s credit report, which was obtained from the defendant.

Credit Report – Date Obtained 28/08/08 – Exhibit CR1

Credit Report – Date Obtained 20/09/08 – Exhibit CR2

Disputed Default Entries

Entry Number C1 - Lowell Portfolio I Limited (Exhibit 1)

Entry Number C3 - HFO Services Limited (Exhibit 2)

Entry Number C4 - Hillesden Securities Limited (Exhibit 3)

Entry Number C5 - Lloyds TSB Bank (Exhibit 4)

Entry Number C8 – Capquest (Exhibit 5)

Disputed Address Links

Principle 5 of the Data Protection Act states that ‘Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.’ The Defendant had no reason to retain the Claimant’s personal data beyond the 6-year period. (Exhibit 6)

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Mr Mills is saying one of the reasons your "claim" should be struck out is because you havent stated what compensation you are claiming...I would argue that you have/are not claiming compensation at this moment in time, you are asking for an order to be made... not claiming damages....these will be claimed on the successful making of the order..... as this will support your claim for damages....and is why they are attempting to block you getting that order. They are worried mate.

 

 

sparkie

Edited by Sparkie1723
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Here is what i have come up with so far. Any input would be of help?

 

 

Quote:

1. The Claimant is at all material times an individual (Subject) under The Data Protection Act 1998. quote the specific section

 

2. The Defendant is at all material times a Data Controller in the meaning of the Data Protection Act 1998, and is responsible for the processing of data of which the Claimant is a Subject. again quote the specific section

 

3. On 12th February 2008 and 11th March 2008, the claimant sent an email to the defendant disputing the data within the claimant’s credit report. specifically, which data? say which lender and which specific bit of their information you are disputing - just found the list at the bottom, but I think it needs to go here

 

4. It’ is admitted by the claimant that the defendant placed a dispute marker on the claimants credit file and contacted the lenders to confirm the data was correct. The defendant contacted the claimant on xx/xx/xx stating that ..... (if applicable)

The claimant contends even though the defendant placed a disputed marker on his credit file, doing so had no effect and the data on the credit file still embarrassed the claimant in such way he was not able to obtain full banking services with any high street banks and was declined by estate agents for an application to rent a flat. This resulted in the claimant having no other option then to live in the ********* ( A large block of rooms for the homeless)

 

The defendant was made aware that the data within the credit report had been disputed and the claimant believes it is against the Data Protection Act 1998 quote the sections, to place a default or continue to allow a default to be published where a legitimate dispute exists.

 

I enclose two copies of the claimant’s credit report, which was obtained from the defendant.

 

Credit Report – Date Obtained 28/08/08 – Exhibit CR1

 

Credit Report – Date Obtained 20/09/08 – Exhibit CR2

 

 

Disputed Default Entries

 

Entry Number C1 - Lowell Portfolio I Limited (Exhibit 1)

 

Entry Number C3 - HFO Services Limited(Exhibit 2)

 

Entry Number C4 - Hillesden Securities Limited (Exhibit 3)

 

Entry Number C5 - Lloyds TSB Bank (Exhibit 4)

 

Entry Number C8 – Capquest (Exhibit 5)

 

 

 

Disputed Address Links

 

Principle 5 of the Data Protection Act states that ‘Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.’ The Defendant had no reason to retain the Claimant’s personal data again I think you need to specify exactly which bits and how old they are beyond the 6-year period. (Exhibit 6) also you may want to say that 6 years is normal industry practice

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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My Statement of Case

 

statement-p1.JPG

statement-p2.JPG

statement-p3.JPG

1. Do you have evidence of the damage caused, e.g. letters turning you down for a bank account or rented accomodation? If so, refer to them in paragraph 4 and list them as exhibits.

2. Read through the quote from the information commissioner and tidy it up.

3. I'm not sure you should mention the costs angle, but I really don't know about that one so definitely check with someone else.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Kpohraror v The Woolwich.

The Master in Chambers awarded £5,550 with interest as general damages for the injury to the plaintiffs credit.

The Court of appeal upheld that decision, but on a different ground, that even a person who is not a “trader” can recover without proof of special damage, substantial damage for injury to his credit worthiness

Under English Law “damage” generally refers to any kind of harm which is discernible and can be valued in money terms. Increased cost of credit is certainly a good example.

You do not have to prove actual monetary loss under the DPA

sparkie

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I'd watch the old their/there thing - noticed it in Para 6 as I skimmed the document...

 

Cheers

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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You may wish to insert this somewhere in your ammended documents

 

sparkie

 

The legal guidance given by the Information Commissioners Office in regard to the interpretation of the Fourth Principle, ...."Data Controllers must now take further than reasonable steps to ensure that the data they are processing is accurate true and correct, these steps will depend on the circumstances of each case "......"the legitimate interests of a data subject over ride those of a data controller."

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right, only have a couple of weeks max now to get this all sorted.

 

What else should i put in my statement of case?

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Have a look at this site Article 8 of the Human Convention on Human Rights and data protection.

Look at having the "Right" to have it corrected, under this Convention law.http://www.dataprotection.ie/documents/trainingandawarenes/DPHumanRights.ppt

 

6 clicks on viewer screen

 

sparkie

Edited by Sparkie1723
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just finishing off my statement of case at the moment and need to get it sent off by next week.

 

Hope it all goes well

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Please note that this topic has not had any new posts for the last 4035 days.

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