SAR distress claim against Parking Eye

[Reapstar]

Im having trouble accessing the site for some reason!!

 

The court date is set for July 19th  

[honeybee13]

What message are you getting when you try to log on?

HB

[Reapstar]

Something about spamfirewall?? Although it loaded quickly this time without issue

[honeybee13]

I can't see anything about it being blocked. Could be your location though.

HB

[Reapstar]

Yeah more than likely!! 

[FTMDave]

Can you please upload the court order that fixes the hearing date?

[Reapstar]

Yeah of course, will.upload asap!!

[FTMDave]

I understand you have concerns about lack of Proof of Posting.

Will you please post to your thread rather than messaging me.  Firstly, I'm on holiday and am unable to contribute much but more importantly the experts like dx, LFI, HB, Nicky, BN, etc. won't have a clue what is going on if you just write to me.

[Reapstar]

I was talking to mum and it triggered my memory that I have pop for posting on the 3rd of july and 3rd of august!!

Im sure she forgot to get pop for something but after reading your notes thats all that is mentioned ao far so I think we are good to go ahead!!  

Thats strange I thought i replied to this post earlier apologising 

My inbox has been disabled, not sure whats going on here guys, my apologies for any wrongdoing

[dx100uk]

despite being asked/advised/told several times by both myself and ftmdave via PM NOT to keeping using/sending PM's seeking private advice to gain preferential help infront of others here that require our help too. you continued to do so.

admin has taken the decision to remove your PM facility 

[Reapstar]

Hey DX the last message sent was in response to Daves request to not send privately, it was meant to be posted here but appears to have been sent via pm.

Technical difficulties my end please accept my sincere apologies. 

[FruitSalad1010]

If the hearing date for this claim is 19th July as suggested above that realistically leaves today and tomorrow to prepare, file and serve a witness statement on the assumption that documents for trial are usually submitted 14 days before the hearing.

I do not think it is a good idea to emphasise or even mention the purpose for which you sought your personal data because it:

1. is not required in law; and
2. opens up the question of whether the purpose could be subject to an exemption. (It isn't but it is a point that could be easily muddled).

In my view, the case cited in their settlement offer is out of date and superseded by both recency and hierarchy of court.

A quick read through shows that the timeline for appeal was extended awaiting the UKSC decision in Lloyd V Google, further quantum has been ruled on in other cases in the Court of Appeal to which the High Court is bound.

In your case this is a failure to disclose data in breach of a statutory deadline, which no doubt was carefully considered by the legislator to provide well resourced organisations ample time to comply.

As a side note, if you want to come across as credible in front of the judge, be clear what the statutory timeline actually is. 30 days is incorrect and the judge may seek to clarify this point.

Rolfe & Ors v Veale Wasbrough Vizards LLP [2021] EWHC 2809 is about the accidental disclosure of a single document to someone other than the intended recipient, not a lazy, predatory organisation that cannot be bothered to comply with data protection legislation. Subject to judge lottery, it is clear which circumstance is more likely to leave a bitter taste in ones mouth.

If you wanted to appear reasonable and given that your data arrived somewhat simultaneously as you submitted your claim, you could consider making an offer of settlement based on this point for perhaps half the money you were seeking as the breach was eventually rectified.

In any offer you may choose to make, you could drop them a hint that you are aware the case they citied is useless to their defence or you could leave them in the dark as to your true understanding of their position.

Edited Tuesday at 01:42 by FruitSalad1010

[Reapstar]

Thank you for your assistance FruitSalad

Post #131 February 10th 2024 I notified the group that the court date was set for July 19th 2024  

What do you advise in this situation? 

Will they be able to give mum an extension??

Thanks again for your help it is much appreciated. 

 

[honeybee13]

What is you reason for requesting an extensions?

HB

[Reapstar]

To prepare the witness statement, I didn't realise it had to done by tomorrow.

I thought the group was assisting us with this?

Unfortunately it is unlikely that we will be able to comply with the deadline here

[honeybee13]

Sadly we can't keep track of people's court deadlines, they normally do that themselves. You were asked to post up a letter on 19th June...

As a precaution, if it were me I would be working on the WS as of now, in case you aren't granted an extension.

HB

[Reapstar]

Are there any penalties for her withdrawing her claim?

[Reapstar]

Are you referring to the letter that notified us of the date of the court case?

[honeybee13]

7 minutes ago, Reapstar said:

Are there any penalties for her withdrawing her claim?

AFAIK there are no penalties. You would lose any fees you have paid to the court.

HB

[Reapstar]

Ok thank you for your help HB

Edited Tuesday at 07:18 by Reapstar

[honeybee13]

For the WS, FTMDave gave you some good pointers in post #66.

HB

[AndyOrch]

5.5

A party may apply to the court for an extension of time to serve and file evidence under rule 19.7 or for permission to serve and file additional evidence under rule 19.8(1).

(For information about applications see Part 18 and Practice Direction 18A.)

5.6

The parties may, subject to paragraphs 5.7 and 5.8, agree in writing on an extension of time for serving and filing evidence under rule 19.7(3) or rule 19.7(5).

5.7

An agreement extending time for a respondent to file evidence in reply under rule 19.7(3) –

(a) must be filed by the respondent at the same time as the acknowledgement of service; and

(b) must not extend time by more than 17 days after the respondent files the acknowledgement of service.

5.8

An agreement extending time for an applicant to file evidence in reply under rule 19.7(5) must not extend time to more than 28 days after service of the respondent’s evidence on the applicant.

https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_19a#IDAVDSIC

 

[FTMDave]

17 hours ago, Reapstar said:

Post #131 February 10th 2024 I notified the group that the court date was set for July 19th 2024  

No, on 10 February you.told us the case had been allocated to your local court. The hearing date was fixed much.later.

You in fact told us on 19 June. We asked to see the court order but you never uploaded it.

We gave you an outline of a WS in post 66 months ago. You've known the WS deadline since 19 June (we've never seen this).  So time to get on with the WS if you want to continue with the case.

Otherwise tell the court and PE you want to discontinue and you only lose the £35.

[jk2054]

you can be 2-3 days late your a LiP

Although your witness statement can be very bare so frankly i see no reason you can't have it done by the 4PM deadline.

It simply needs to set out what happened very basic terms

you can then go into the hearing in however many weeks times with a list of points to read out 

you don't have to put everything in your WS.

[Reapstar]

Desr all,

Thank you for the assistance!! 

As you can see I am clearly becoming uuselessas I age

I am just putting a basic ws together now based on Daves epic post #66 and everyone elses input.

I will keep it short and sweet as advised, will post draft shortly, thank you all kindly once more!!