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Part 8 Procedure


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Does anyone have any experience of, or opinion on, the Part 8 procedure.

 

I am considering making a claim against NCO Europe and I can do this using two laws

 

(a) Using the Data Protection Act their processing of the data is unlawful and they have failed to respond to an s.10 notice within the statutory 21 days

 

(b) Using the Prevention of Harassment Act s.3 they have ignored my requests to stop calling.

 

Now under CPR the action under s.3 should follow the Part 8 procedure. ICO also say that actions for non-compliance with DPA can also follow Part 8.

 

The logical approach would be to lump both points together with claim for damages into a single claim under Part 8 but I can see that there are potential problems with that. Primarily I don't know if it is an appropriate use of Part 8 to include both requests for orders plus damages on the same claim. Secondly as Part 8 isn't small claims do I risk being landed with the defendants costs if I get something wrong and lose.

 

Alternative approaches would be to apply only for the orders under Part 8 (either in a single claim or two claims) in order to keep that quick and simple and then issue a claim for damages using the small claims track.

 

Has anyone any relevant experience or advice?

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Guest strangewayofsavin

sorry but i thought all part 8 claims were multi track, and I don't think you could gain anything more by doing this differently from the already existing procedures on this site, also not sure if you could combine both charges under the 1 part 8 claim.

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It is not really my choice - CPR seem to require that actions under S3 of Protection from Harassment Act should follow the Part 8 procedure.

 

ICO also mention using it to follow up on an s.7 DPA request

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