EPS breach of GDPR

[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 

 

 

 

[kfdh1962]

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

[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. 

 

 

[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 

[kfdh1962]

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

Edited March 14, 2023 by kfdh1962

[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

[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

[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  ?   

[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 

[kfdh1962]

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

[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

[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 , 

[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 

[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 

[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 

[kfdh1962]

i am hoping so 

[kfdh1962]

hi fruitsalad, no , there has been no communication of any kind from EPS 

[kfdh1962]

no defence or admission submitted on the second claim , judgement now requested on that claim also

[kfdh1962]

this afternoon i received an e mail from gladstones , an e mail containing a notice of acting , dated today 6th April 2023 and stating copy filed with court 

 

This notice is connected to the claim for accessing my data without reasonable cause. This would seem to be a day late as i was able to request a judgement , just wondering how  a judge may view this

 

There are no e mails  or notices for the SAR claim

Edited April 6, 2023 by kfdh1962
mis type

[kfdh1962]

the e mail was sent just before 4pm , there are no new updates on MCOL, nothing registered from the defendant 

 

 

[kfdh1962]

hi all , have been away for a few days hence not been on line , i did check updates on MCOl 2 days ago , and again this morning, and i noted some changes on their this morning ref the second claim 

 

On the SAR claim issued  15/03/23 it states that judgement was issued against the defendant on April 5th 2023 , i also received in the paper copy yesterday by post 

 

On the second claim , issued 17/03/23, for which their solicitors had e mailed with a copy of the notice of acting, the MCOL now states the following  :-

A bar was put in place for Euro Parking Services Ltd on 12/04/2023

Euro Parking Services Ltd filed a defence on 12/04/2023

DQ sent to Euro Parking Services Ltd on 12/04/2023

 

is DQ as disqualification or something else?