Hilarious. You are already entitled to compensation and damages from them for breach of your GDPR under the Data Protection Act 2018. Why wait for them to sue you?
No need to waste money on a solicitor. This is easily dealt with yourself with a bit of advice as you go along.
Under Article 5(1)(d) of the UK GDPR, data controllers must ensure that personal data is accurate and, where necessary, kept up to date. If a data controller, such as a private parking company, unlawfully obtains a vehicle keeper's data from the DVLA and processes it inaccurately—such as issuing an invoice based on incorrect information about a breach of an alleged contract with the landowner (or their agent)—this constitutes a breach of the UK GDPR. Such processing is both inaccurate and unlawful under Article 5(1)(d).
Legal Precedents and the Right to Compensation1. Precedent Cases:
• In Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333, the court awarded compensation for distress caused by the inaccurate processing of personal data under the Data Protection Act 1998. While this case predates the UK GDPR, its principles remain applicable under the updated GDPR and Data Protection Act 2018.
• Vidal-Hall v Google Inc [2015] EWCA Civ 311 confirmed that claimants could recover compensation for distress alone under the Data Protection Act 1998. This principle is explicitly recognised under the UK GDPR, allowing individuals to claim compensation for demonstrable distress even without financial loss.
• Tetragon Financial Group Limited v Revenue and Customs Commissioners [2020] UKUT 0305 (TCC) emphasised the need for accurate data handling by public bodies. This principle applies to the DVLA, which has a duty to ensure that data it shares with third parties, such as private parking companies, is used lawfully and accurately.
2. Right to Compensation: Under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018, individuals are entitled to compensation for both material (financial) and non-material (distress) damage resulting from a data protection breach.
Actionable Steps1. Draft a Pre-Action Notice (Letter Before Action):
• Write to Euro Parking Services, marking the letter as a ‘Letter Before County Court Proceedings’.
• Clearly state that their actions constitute a breach of Article 5(1)(d) of the UK GDPR due to their inaccurate and unlawful processing of your personal data.
• Explain the distress caused (e.g., anxiety, inconvenience, time spent resolving their error).
Demand compensation of £300 for distress under Article 82 of the UK GDPR and Section 168 of the Data Protection Act 2018.
• Request that they confirm within 14 days that:
• All references to the alleged debt have been deleted.
• Your personal data has been corrected and no further processing will occur.
• Offer 21 days for a response to demonstrate goodwill.
:
• If EPS fails to respond or comply, file a formal complaint with the Information Commissioner’s Office (ICO). While the ICO cannot award compensation, their findings can support your court case.
• Consider submitting a Small Claims Court case under Part 27 proceedings as a litigant-in-person.
Filing a Claim• You can file your claim online via Money Claim Online (moneyclaimonline.gov.uk) for a court filing fee of £35 for a claim up to £300.
• In your claim, outline the GDPR breach, reference the legal precedents, and specify the distress caused by their actions.
• If successful, you can recover your filing fee, bringing the total claim to £335.
Key Considerations• Keep all evidence of the breach, correspondence with EPS, proof of postage/delivery, and evidence of distress caused.
• Ensure your claim for compensation is reasonable and proportionate to the distress suffered. Typical awards range from £200 to £1,000, depending on the circumstances.
By following this process, you can hold Euro Parking Services accountable for their GDPR breach and seek appropriate compensation for the distress caused by their inaccurate and unlawful processing of your personal data.
