EPS breach of GDPR

[kfdh1962]

in reference to a couple of questions in the above posts , the SAR letter before claim has been sent to EPS but that was only this morning.

 

As to whether my details were passed to debt collectors , i don't know that for certain but suspect not as the only communications i received came from EPS themselves or Gladstone's

[kfdh1962]

the main discussion point seems to be around how much to claim for the data breach and vexatious claim arising from it . Guidance shared suggesting anything up to £2000 and some other case wins with payments of circa £500, FTMD's suggestion of £600 thus bringing into play high court bailiffs seems reasonable

 

 

[FTMDave]

I only mentioned debt collectors as that would have worsened their position.

 

Post up a draft of the letter if you want, although I think what is already prepared is good enough, it just needs the £600 figure added. 

 

You know the drill about the free Certificate of Posting from the post office.

[kfdh1962]

 

 

i think that ftmd's draft covered it all, i did add a few words for context of distress, not sure if its needed although it is truthful , happy to be guided on that.....

 

Dear Sirs

 

Re: PCN no.XXXXX, County Court Claim no.XXXXX, Breach of General Data Protection Regulations (GDPR)

 

I refer to your obtaining my details from the Driver and Vehicle Licensing Agency in the above matter. 

 

You had no justification for doing so. The extremely-short stay of my vehicle was allowed under the government Code of Practice, the BPA Code of Practice, the IPC Code of Practice and indeed by your contract with the landowner.

 

This is an extremely serious breach as you used my details to begin a vexatious court claim which caused me considerable distress in having to deal with this during my father’s ill health and end of life

 

I require payment of the sum of £600 within 14 days.  If you fail to effect payment I will start a claim in the county court.

 

Yours Sincerely

[Nicky Boy]

It was mentioned further upthread that you were also moving home at the time? Also a stressful part of life...

[kfdh1962]

i saw that , but haven't moved house.

 

Maybe i mentioned moving homes for my mom who is in care as that was going on as well. I was juggling spending as much time with him given that it was end of life, still visiting mom , plus my own family and work which is why my witness statement was put together just in the final days before the deadline which i remember mentioning at the time, that i needed to get it done as deadline was approaching in amongst all of that

 

..... but such is life sometimes as you say . Now i also have the joys of probate , but i digress ..

 

ill wait for any other comments on that letter until in the morning and get it off tomorrow 

 

 

 

[FTMDave]

Apologies for the "moving house" stuff.  I got you mixed up with someone else.

 

I think the letter you've prepared is excellent.  Send it off tomorrow and get a free CoP.  The fleecers will not be happy with demands for £800 over a couple of days

[kfdh1962]

no problem FTMD, letter before action on data breach sent yesterday 01/03/23

[FTMDave]

I reckon a week has now passed since your SAR LoC letter went off.

 

Northing from the fleecers?

 

If not it's time to draft a Particulars of Claim.  MoaningCrusader's is at post 46 here  https://www.consumeractiongroup.co.uk/topic/452147-loc-to-ncp-for-failure-to-supply-sar-paid-in-full/page/2/#comments  and you could adapt it.

 

[lookinforinfo]

When asking for financial recompense from that lot it is better to err on the side of greed rather than caution. Whatever you ask for they are always going to haggle over the amount. So for example 50% of £2000 is still £1000 while 50% of £600 is only £300.

[kfdh1962]

nothing back from them yet FTMD , will take a read through that thread and start to put the particulars together 

[kfdh1962]

drafting some POC's based on the links shared , see below , is there anything else i need to add here ?

 

The claimant submitted a subject access request pursuant to the Data Protection Act 2018 to Euro Parking Services Ltd on January 4^th 2023. 

 

The Defendant breached the statutory deadline of 30 days and has failed to make the disclosure. This failure is continuing 1 month later, despite further correspondence with the defendant’s data protection team and reasonable response time given. 

 

The defendant's breach of their statutory duty and the claimant's inability to access their personal data has caused them serious 
issues and distress. 

 

 

[FTMDave]

I would suggest two changes.  The bit about "further correspondence" was specific to Moaning Crusader's case, where the idiots leapt into action after the LoC and replied that they would deal with the SAR "as a matter of urgency".  Moaning Crusader gave them an additional week ... but the imbeciles still couldn't reply to the SAR and so were sued and beaten!

 

How about -

 

 

The claimant submitted a subject access request pursuant to the Data Protection Act 2018 to Euro Parking Services Ltd on January 4^th 2023. 

 

The defendant breached the statutory deadline of 30 days and has failed to make the disclosure. This failure is continuing 1 month later, despite further correspondence with the defendant’s data protection team and reasonable response time given. 

 

The defendant's breach of their statutory duty and the claimant's inability to access their personal data has caused them serious issues and distress, especially as the non-disclosure is occurring during protracted litigation between the parties, which was initiated by the defendant.

 

 

The point is to have something ready to start the claim on day 15 if they ignore you.

 

There is ample time between now and then for the others regulars to have a look and suggest changes.

 

[kfdh1962]

i had left that line on further correspondence thinking that was a reference to the letter before action as well the further correspondence that moaning crusader then had, but i am happy to follow your guidance and amend as you suggested . Thank you for the feedback 

[FTMDave]

The PoCs look fine.

 

IIRC Tuesday is Day 15.  If the fleecers haven't cooperated by then, launch your claim.

[kfdh1962]

nothing in the post yesterday , day 15 today so claim for SAR breach submitted today on MCOL

Edited March 14, 2023 by kfdh1962

[FTMDave]

Well done.

 

Hit them in the pocket.

 

Let's see how they like being the ones on the end of a court claim.

[brassnecked]

They will have an unpleasant surprise in the post.  Might focus their tiny mind, however if it doesn't and they ignore it, you go for a default judgment at the appropriate time.

[FTMDave]

So tomorrow is Day 15 for the GDPR claim, right?

 

Time to draft a Particulars of Claim.  A bit from the LoC, and a bit from the SAR PoCs, should do the trick.

 

 

[kfdh1962]

correct FTMD , day 15 tomorrow for the data breach, i will draft something up and post it for feedback 

[kfdh1962]

i am not sure this is right it feels a little clunky, i tired to combine parts of the SAR poc's and parts of the data breach  loc  any feedback is appreciated

 

 

The defendant obtained my details from the Driver and Vehicle Licensing Agency in connection with an alleged parking issue on private land occurring om 23/02/2021.

 

The claimant submitted a subject access request pursuant to the Data Protection Act 2018 to Euro Parking Services Ltd on January 4^th 2023 to establish the grounds on which the defendant claimed to have the right to access my data, which they have failed to respond to and remain in breach of the statutory duty.

 

The defendant had no justification for accessing my personal data. The extremely-short stay of my vehicle was allowed under the government Code of Practice, the BPA Code of Practice, the IPC Code of Practice and indeed by their contract with the landowner.

 

This is an extremely serious breach as the defendant used my details to begin a vexatious court claim. That claim caused me considerable distress as I had to deal with that claim during a time when I should have been able to focus solely on my father’s ill health and end of life

[FruitSalad1010]

Less is more.
 

On XX Month Year the Defendant accessed my personal data held by the Driver and Vehicle License Agency without reasonable cause. The Defendant used their access to my personal data to issue a county court claim against me which was totally without merit and subsequently discontinued.

On 4 January 2023 a data subject access request was submitted to the Defendant pursuant to the Data Protection Act 2018. The Defendant failed to respond to the request, has breached their statutory duty and continues to do so. The Defendant's breach of statutory duty and my inability to access my data in full has caused me distress.

I seek damages for distress £xxx.xx

Edited March 15, 2023 by FruitSalad1010

[brassnecked]

FruitSalas's revision is the one to use unless there are other suggestions, less is always more here as there  is no wriggle room for them then.  The personal circumstances you mentioned are of no consequence to the court, as they are not part of the Breach you are suing for.

[kfdh1962]

.

 

As this claim is for the GDPR data breach i was not sure of the extent to which the SAR issue should detailed with that matter being the  subject of a separate claim  . 

 

The feedback is appreciated,  

Edited March 15, 2023 by kfdh1962

[FTMDave]

I agree with FruitSalad that less is more.

 

I also think the SAR matter is irrelevant here.

 

The PoCs just need to be very short.  How about -

 

 

On XX Month Year the Defendant accessed my personal data held by the Driver and Vehicle Licensing Agency without reasonable cause.

 

The Defendant used their access to my personal data to issue a county court claim against me which was totally without merit and was subsequently discontinued.

The Defendant's breach caused me considerable distress.

 

I seek damages for distress £xxx.xx

 

 

If none of the other regulars disagree, and if you hear nothing from the fleecers, issue the new claim tomorrow.