URGENT: Data Protection Act 1998 Breach...

[«THÖMÅS®©™»]

This is why I am confused.

tracking on Royal Mails site says it was delivered at 10:21, but then it says it was refused at 10:22.

puzzling I must say.

[charitynjw]

Have you contacted RM?

[«THÖMÅS®©™»]

I have stated at least twice that I have before.

perhaps you missed those posts.

[charitynjw]

I have stated at least twice that I have before.

perhaps you missed those posts.

I'm out of here!

[«THÖMÅS®©™»]

What did I say charitynjw??

[«THÖMÅS®©™»]

Notice how, because of the fact that my post was taken in the wrong context and without consideration, I am now being ignored, I honestly don't know what I did for that, no need.

[Amethyst]

It seems the postie has clicked signed for, then the letters been refused, so he's clicked refused - but both have been recorded .... that's the trouble with technology.

The letter send to the NAS address has been received so that should be fine with regards service of the LBA.

[«THÖMÅS®©™»]

BAS are in a bit of trouble then. Both should return here today. Let's see. Can I use that refusal as evidence in court Amethyst?

[Amethyst]

You can mention it later in Witness Statements if they used service of the LBA in any way in their defence.

[R0b]

Thomas the way you come across does yourself no favours which is why people might not bother to assist you; that's all on you not us. I already told you I am not going to re-read your LBA unless the content has substantially changed and within 24 hours you are already whining that no one has responded to your last post (this isn't the first time you've done it).

You are focusing on the insignificant things that are not important at this stage, not taking on board some of our suggestions and striving for perfection which is really not necessary.

Furthermore, you have already acknowledged that your next step is to draft particulars of claim, so I don't understand what you are waiting for because we certainly aren't going to write it for you. There is a wealth of information on this forum and examples of how particulars of claim are set out and failing that, do some research and find out about how to go about drafting your claim and post your attempts on here - be proactive rather than sitting around moaning about it.

I too have decided to remove myself from this thread why I haven't bothered to respond but I'm sure others will still be able to assist (Amethyst etc.)

[«THÖMÅS®©™»]

Thomas the way you come across does yourself no favours which is why people might not bother to assist you; that's all on you not us. I already told you I am not going to re-read your LBA unless the content has substantially changed and within 24 hours you are already whining that no one has responded to your last post (this isn't the first time you've done it).

You are focusing on the insignificant things that are not important at this stage, not taking on board some of our suggestions and striving for perfection which is really not necessary.

Furthermore, you have already acknowledged that your next step is to draft particulars of claim, so I don't understand what you are waiting for because we certainly aren't going to write it for you. There is a wealth of information on this forum and examples of how particulars of claim are set out and failing that, do some research and find out about how to go about drafting your claim and post your attempts on here - be proactive rather than sitting around moaning about it.

I too have decided to remove myself from this thread why I haven't bothered to respond but I'm sure others will still be able to assist (Amethyst etc.)

I can assure you it is far from intentional. I am not asking you to re-read my LBA's since they were sent.

As it stands now: One was delivered to NAS society address, but the one I sent to the chairmans known home address was refused. The one I sent to the BAS chairmans known address was delivered but also refused, a bit strange, that that has happened, did not know that was possible. I thought once it was signed for, that was it. The BAS chairman probably saw my return address on the back and refused it knowing what it probably was, but in doing so, I am of the view he has dug himself a deeper hole. Making it worse for himself.

[«THÖMÅS®©™»]

Everyone!

**UPDATE**

After checking he tracking numbers again,it appears that both LBA's I sent to NAS have now been signed for, by the same person but completely different signatures. Looks like somebody might be representing themselves as the chairman when they are not. I am sure that could be fraud by false representation. In any event, both letters sent to NAS have been signed for and received. I guess the one sent to his home address was collected from the post office maybe, I am not sure. He has until 3rd May to reply.

LBA sent to BAS chairman has not been received and should be on its way back here. Waiting for it to arrive at this stage.

[«THÖMÅS®©™»]

Hello again...

I have now returned from my visit to the United States.

I have once again checked the address on the Charity Comissions website for Breckland Astronomical Society, and for the third time in around 3 months, it has changed. Does anyone know what they might be playing at? I know where the chairman lives, but now it appears that the address is for the tresurer.

I honestly dont know what is going on. What are they doing? Trying to avoid responsibility for what they have done perhaps?

Does anyone know what I should do now as the recorded letter I sent to the chairmans address was delivered then refused. Not sure what action to take now apart from visit the society on Tuesday and hand deliver my letter with a police officer present to prevent them inventing stuff against me to use in court should this matter go that far...

Help would be appreciated again.

On a lighter note, I have recieved a letter from NAS dated 11th May (beyond my May 3rd deadline and while I was in the United States) stating that they will have a meeting on 20th (when I recived it) and respond in full after. I am hoping that thier letter will arrive in the next few days despite the fact that it has now been 4 days. I am going to wait for that letter so I can show the judge that I have been reasonable and I will let you know what they say (of course, censoring any personal details in accordance with DPA 2018).

Thanks.

Thomas.

Amethyst R0b 2222 pt2537

[«THÖMÅS®©™»]

**UPDATE**

I have recieved a response from the NAS chairman saying the following:

"Dear Xx Xxxxxxx

In response to your letter before action dated 5th April 2019, the management committe of the Norwich Astronomical Society considered the response that the Society should make at its meeting on Monday 20 May 2019.

We consider your claim against the Society to be entirely without merit and it is therefore refused. Furthermore, the Society wishes to inform you that any further action on your part regarding this matter will be vigorously opposed."

I am no expert, but that last sentence sounds like an attempt at intimidation, to try and prevent me from filing a county court claim against them.

Do I now progress the matter to an N1 claim form and if so, what do I put in it?

Thanks again.

[«THÖMÅS®©™»]

Anyone?

**EDIT**

I am attempting to prepare an N1 claim form, I will post a censored version once I have completed it so that brilliant members here can see if it is compliant, then I will prepare a Particulars of Claim and indeed, I will have to include my annexes as well. This is going to be a long and tedious job, one that I am determined to complete and make it so that the court does not throw out my case for not being compliant with CPR.

I do however welcome any pointers when I post my N1 contents. More to follow...

Given that nobody has replied yet, I will add the data here in this thread:

Brief details of claim:
The claimant seeks compensation for breach of his data protection rights pursuant to section 13 of the Data Protection Act 1998;
The claimant further seeks compensation for distress suffered as a result of said breach, pursuant to schedule 2 of the Data Protection Act 1998.
The claimant also seeks a declaration from the court that his data protection rights were breached,
The claimant seeks an order from the court for the defenadants to disclose the emails in full and uncensored that are the subject of this case pursuant to section 35 of the Data Protection Act 1998 in connection with this case.

Value:
Damages for breach of Claimants Data Protection rights - £1,000
Damages for distress caused as a result of said breach - £500

Particulars of claim:
The claimant alleges that the defendants breached his data protection rights on multiple occasions by email between April and May 2018 by emailing a known third party details about me without my permission and without being able to satisfy any of the principles that allow them to process my data without my permission. The claimant has recieved a decision from the Information Comissioner dated 28th September 2018, which confirms that a breach has taken place in accordance with schedule 2 of the Data Protection Act 1998 and that reccomendations were sent to the defendants on said date to improve thier data protection practices in light of the data breach which is the subject of this case. The claimant has sent a Letter Before Action dated 5th April 2019. The response received dated 23rd May 2019 states that my claim has no merit and that any action will be vigrously opposed. The claimant has documentary evidence to support his claim, namely; the decision from the ICO, the content of the emails that are the subject of this case, despite being heavily censored, do show the breach in it's entirety.

How does it look so far? This is only a rough draft at this stage...