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    • sorry but that letter needs to be much much better. you need to express that it was a stilly youthful mistake trying to be the big man and jumping the turnstile to look big infront of your peers. TfL prosecutors are on the email address on their first letter. get the court form sent back to the court , (but copy it first) stating you plead guilty and wish to attend to address the judge in person face to face to show your genuine remorse for your stupid youthful exuberance.      
    • I thought I should send the begging letter to the prosecutor. Does the hearing means the time I need to send back by? If so, it’s June 5  I plan to send the new begging letter as following, can I ask for some suggestions? Dear Investigator/Prosecutor,  Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.  I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.  I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.  Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.  I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.  I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.   Yours sincerely,
    • LoL Dx you crack me up. Thanks for the advice. I'll stay positive.
    • Utter Rubbish!! lowell dont write and beg for deals once they start court. as for your attitude, we'll thats nothing new for you.😎 you wont be quizzed, it's not like TV, simply refer to your defence/WS when answering anything the judge may ever ask. well it involves chickens. dx  
    • Thanks fk, I hope I don't have to face the court. Bless you for the reassurance. 
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Experian Ltd want ID to comply SAR - court Claim Issued - - Breach of the Data Protection Act 2018

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Experian Limited filed a defence (attached below) in respect of the claim issued against them for failing to comply with their data protection obligations.


At paragraph 10 of their defence they state the following:

"Entirely without prejudice to the Defendant's position according to paragraphs 6 to 8 above, on 14 June 2022 the Defendant took the practical view that, with further investigation, it could satisfy itself as to the Claimant's identity."

My understanding is that the without prejudice rule is reserved for parties to enter into genuine settlement negotiations without later prejudicing their position in court.

Am I missing something here? I cannot see how the use of "without prejudice" in a defence filed directly to court can expect to benefit from the privileges outlined above.

A defence does not form part of genuine settlement negotiations, and one would expect if what was written was not intended to be considered by a judge then they would not submit it to them as evidence.

It appears to me as if they have inserted an admission directly into their defence.

EX - Defence - Redacted.pdf

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'Without prejudice' can have different meanings in different contexts.


In my view they aren't saying it's a 'without prejudice' settlement negotiation. They aren't making a settlement proposal or making an admission, they are asking for your claim to be struck out. I can't see how a strike out application could ever be a settlement negotiation.


They are saying that although they decided that, on the specific facts of your case, they could satisfy themselves of your identity and sent you a passkey they nevertheless maintain their legal position stated in paragraphs 6 to 8 is correct and they were not required to send you a passkey because you had not provided sufficient ID to meet their requirements. 


"Notwithstanding the Defendant's position according to paragraphs 6 to 8 above, ...." would have been a clearer way of putting it, but lawyers can't resist jargon.


Do you agree with their statement in paragraph 10 that on or about 14 June 2022 they sent you a letter with a passkey you could use to access your data?  If it isn't true then of course you can challenege it.



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Thanks Ethel.

I agree with paragraph 10 save for the fact that it does not prejudice their position, it supports my position that they could and should have fulfilled the request inline with their statutory obligations.

I disagree that they had any reasonable doubt as to my identity as they were quite happy to correspond with me extensively prior to the request and discuss personal data pertaining to my account. The time to request any further verification as to my identity was before entering into those discussion if they had any doubt as to my identity.


It is my view they later manufactured that doubt to bring about exactly the events that took place, in order not to immediately respond to the request despite having the means to do so. These manufactured doubts evaporate when they receive a letter before claim and/or a complaint from the ICO.

They either had a genuine but incorrect belief that they were not required to fulfil the request, or in my view more likely used their bogus process to unduly influence me into believing I had no further right to access my data without jumping through their unnecessary hoops.

They were disabused of this by my letter of claim as well as the complaint they received from the ICO.

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  • 8 months later...

In response to the complaint they received the ICO provided their view that Experian Limited have not complied with their data protection obligations.

I provided Experian a copy of the ICO's letter along with an offer to settle.

Experian ignored the offer I made but have now written to me saying that payment is on the way for the value of the claim £400 and the issue fee £50.

Their legal team also provided a half hearted apology for the delay in responding to my DSAR.

The delay was in total 7 months and 4 days beyond the statutory timeline to respond and no one would put their name to the email.

I have reverted back to Experian regarding my costs.

Edited by Intrepid
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  • dx100uk changed the title to Experian Ltd want ID to comply SAR - court Claim Issued - - Breach of the Data Protection Act 2018
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