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Error in Particulars - Wrong legislation cited - What do i Do?
So, I filed a claim against two parties. (A Private Parking Firm, and the landowner). I am a LiP.
The Landowner did not acknowledge service, and a request for judgement was submitted.
The parking operator has filed their defence. (No counterclaim) Reading their defence, it appears as if I have made an error. I have claimed they breached the Data Protection Act S.46, which they plainly have not as that section only applies to law enforcement. What I *meant* to say was that they have breached GDPR Art.16 as enacted by DPA2018. (I think)
The provisions of article 16 are virtually identical to the provisions of DPA S46, save for the fact that S46 is only applicable to law enforcement, whereas Art.16 as enacted by DPA2018 is applicable in this case (I think). I believe it would have been reasonable for the defendant (who is represented) to have inferred what was meant in the particulars.
Two questions arise - Is this error fatal to that part of the claim, or is a judge likely to interpret the claim as it was intended? If it is fatal, then how do I fix it? Do I request permission from the defendant to file amended particulars? Or do I just mention it in a reply to the defence?
The second question is what happens with respect to the landowner if I file amended particulars? They've already missed the deadline and default judgement has already been requested. If I file amended particulars, does it "re-open" the case for the second defendant and allow them time to file a defence? I would assume it would if there were substantial changes to the claims, but since the applicable law is virtually identical (just mis-referenced), what would actually happen?
Final point - if any qualified legal professional would like to help me with my case pro-bono, in the interests of fighting back against the vultures of the private parking world, please let me know!
The Landowner did not acknowledge service, and a request for judgement was submitted.
The parking operator has filed their defence. (No counterclaim) Reading their defence, it appears as if I have made an error. I have claimed they breached the Data Protection Act S.46, which they plainly have not as that section only applies to law enforcement. What I *meant* to say was that they have breached GDPR Art.16 as enacted by DPA2018. (I think)
The provisions of article 16 are virtually identical to the provisions of DPA S46, save for the fact that S46 is only applicable to law enforcement, whereas Art.16 as enacted by DPA2018 is applicable in this case (I think). I believe it would have been reasonable for the defendant (who is represented) to have inferred what was meant in the particulars.
Two questions arise - Is this error fatal to that part of the claim, or is a judge likely to interpret the claim as it was intended? If it is fatal, then how do I fix it? Do I request permission from the defendant to file amended particulars? Or do I just mention it in a reply to the defence?
The second question is what happens with respect to the landowner if I file amended particulars? They've already missed the deadline and default judgement has already been requested. If I file amended particulars, does it "re-open" the case for the second defendant and allow them time to file a defence? I would assume it would if there were substantial changes to the claims, but since the applicable law is virtually identical (just mis-referenced), what would actually happen?
Final point - if any qualified legal professional would like to help me with my case pro-bono, in the interests of fighting back against the vultures of the private parking world, please let me know!
