EPS breach of GDPR

[FruitSalad1010]

The breach for failure to respond took place and needs to be particularised if it is to be referred to later in support of the claim for damages, especially if it contributed to OP's distress.
 

OP appears to have two causes of action albeit that they fall under the same right of action.

OP could litigate the matters separately however they have an obligation to unburden the court and it is probably expected that OP should issue a single claim for all the damages known to have resulted from EPS's unlawful activities.

More importantly it provides OP with two opportunities for a judge to find in their favour on the question of liability.

[FTMDave]

But the OP has already issued a court claim for SAR distress.

[FruitSalad1010]

In that case I agree the reference to the failure to disclose can be removed.

 

If EPS fail to respond by the time the claim is issued then technically the breach is still on-going, but it's better not to muddle the two claims.

[kfdh1962]

in respect to the POC's , and the date the fleecers accessed my data , i do not know the actual date that they accessed my data as they never responded to the SAR. I have the date of the alleged parking breach and the date of the pcn

 

in consideration of that , would the wording need reflect them accessing my data sometime between those two  dates  ?   

[FTMDave]

Very, very well spotted.

 

Put "Between 18.02.2021 and 23.02.2021".

[Nicky Boy]

Looking through the thread, did the OP ever get a definitive answer from DVLA on whether the fleecers actually got his data from them?

(There seems to be some doubt).

 

If the OP doesn't have confirmation from DVLA, does it ruin his case?

 

Or, did the fleecers actually state on the original PCN's that they obtained keeper details from the DVLA?

Edited March 16, 2023 by Nicky Boy

[kfdh1962]

i did not get a definitive answer from the dvla , but in the fleecers original pcn they stated that they obtained my data from the dvla 

[brassnecked]

makes no odds as the only place they could have sourced the data is DVLA so whatever DVLA say or do is immaterial to the claim.

[FruitSalad1010]

Did you send an SAR to the DVLA?

They will respond with details of who has accessed your data via the KADOE, on what date and for what reason.

[kfdh1962]

submitted the second claim, so both data breach claim and SAR breach claim now submitted 

[FTMDave]

When you have a moment next week, have a look at MCOL to see the dates your claims were officially made.

 

From that we can work out when you can request judgement.

 

(That's of course if the fleecers don't wake up, wet themselves, and go running to their rubbish solicitors.  It depends on their level of arrogance and stupidity).

[kfdh1962]

date of issue of the SAR non compliance claim  is listed as 15/03/23.

 

Date of issue of the data breach claim is listed as 17/03/23

[FTMDave]

OK, if - and it's a massive if - the fleecers do nothing, you can request judgements from 2 April.

[FTMDave]

Try and enter judgement(s) on MCOL once a day, every day, from now on.

[kfdh1962]

FTMD , i have not had any communication from the fleecers on either claim. i have checked MCOL today and there no updates on either claim. The claims history box for both claims shows date claim submitted , and date claim issued , no other information , 

[FTMDave]

I think it ought to be possible to enter judgement for the first case.  Try to do so.

[FTMDave]

From  https://www.gov.uk/government/publications/money-claim-online-user-guide/money-claim-online-mcol-user-guide

 

Request a judgment with MCOL

 

If the defendant has not responded to your claim within the allowed time, or they have sent you an admission form and you are willing to accept their offer of payment, you can request judgment with MCOL.

 

Step 1 and 2 – Guidance and type of judgment

 

Login to your MCOL account and select the relevant claim from the claim menu. In ‘Claim Overview’, select ‘Request Judgment’ from the available options.

 

In Step 2 you will need to choose whether you are requesting ‘judgment by default’ (the defendant has not filed a defence or admission to the claim) or ‘judgment by acceptance’ (the defendant admits that all the money is owed).

[kfdh1962]

i gave the request a judgement a try on the earlier of the 2 claims  but the system tells me the required number of days have not yet passed for me to request that 

[FTMDave]

OK, obviously I got my maths wrong!

 

Have another go tomorrow.

[kfdh1962]

i have just logged into MCOL , no updates on case history so it doesn't appear that the fleece's responded. The system has allowed me to progress further than yesterday so it appears that i can request the judgement now 

[kfdh1962]

request for judgement made on the first claim which was the SAR request non compliance 

[FTMDave]

Superb news!

 

You know how many days there were between the two claims, so when you are able to request judgement for the second claim, then come back here and we can move on to enforcement.

[kfdh1962]

i am pretty sure it was just two days between the 2 claims , i will go back onto mcol and check 

[kfdh1962]

confirmed that it is 2 days between the 2 claims , issue dates were 15th and 17th march 

[FTMDave]

So hopefully Thursday will be a good day too