NCP PCN - but i've paid! *** Appeal Successful***

[pumpytums]

Happy New Year everyone,

 

Thanks FTMDave I changed the letter to 28 days  

 

As expected no response from my original letter send in December.

 

Letter before Court Claim sent to NCP via a signed for method Happy New Year NCP

 

lets see if the reply, I wont hold my breath though.

 

Not trying to jump the gun Claim form will be fairly straight forward in wording

 

1. The Defendant NCP LIMITED breached the Data Protection Act 2018, due to the unlawful/unwarranted processing of the Claimants personal data between the dates X and Y.

 

2. The Defendants unlawful/unwarranted processing of the Claimants personal data caused the Claimant distress/damages.

 

3. The Claimant claims compensation for contravention of the GDPR 2018 under GDPR Article 82 and/or Section 168 Compensation for contravention of the GDPR

 

4. The Claimant claims

     (a) Damages and distress £500

     (b) interest, pursuant to s. 69 of the County Courts Act 1984, at such rates and for such periods on the sums found due to the Claimant as the Court may think fit.

 

 

 

 

 

 

Edited January 9, 2020 by pumpytums

[ericsbrother]

CPR's give a minimum of 7 days notice adn it can be used against them for not respionding in this time but would agree that leaving it 30 days and not a minute longer will get you past any challenge of it not being fair etc the reality s that if you jump the gun you may not get your costs

[pumpytums]

Yes agreed just prepping the MCOL claim in advance

 

thanks 

[pumpytums]

Hi everyone,

well there time is nearly up no letter received from them nothing. I find that quiet insulting.

 

So the MCOL claim will be issued when their 30 days are up.

 

this will be the text on the form

 

short and sweet

 

 

1. The Defendant National Car Parks LIMITED
breached the Data Protection Act 2018, due to
the unlawful/unwarranted processing of the
Claimants personal data between the dates
A and B.

 

2. The Defendant's unlawful/unwarranted
processing of the Claimants personal data
caused the Claimant distress/damages.

 

3. The Claimant claims compensation for
contravention of the GDPR 2018 under GDPR
Article 82 and/or Section 168 Compensation
for contravention of the GDPR.

 

4. The Claimant claims For Damages and or
distress £500.

 

The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from x to y on
£500.00 and also interest at the same
rate up to the date of judgment or earlier
payment at a daily rate of £1.47.

 

So that's it basically obviously the witness statement will flesh it out.

 

Its all ready to fire off

 

Section 168

 

https://www.legislation.gov.uk/ukpga/2018/12/part/6/crossheading/remedies-in-the-court/enacted?view=plain

 

Article 82

 

https://www.gdpr-expert.com/article.html?mid=6&id=82#textesofficiels