• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

URGENT: Data Protection Act 1998 Breach...

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • «THÖMÅS®©™»
    started a topic URGENT: Data Protection Act 1998 Breach...

    URGENT: Data Protection Act 1998 Breach...

    ...by two organisations (confirmed by ICO), suggestions on what if anything I can do next?

    Hello again LegalBegagles!

    I am looking for some advice on what I am able to do about the matter that I am going to try and explain in as much detail as possible.

    I have a keen interest in astronomy, doing a lot of research in my time in the many years I have had internet access. I joined an astronomy society, one of two that I know of in Norfolk, namely Norwich Astronomical Society ("NAS") located on Toad Lane, Thwaite St. Mary, near Norwich in around November 2011, and was a member until around October 2012 when I was asked not to renew my membership. The reasons given were somewhat confusing but seem to boil down to one of the members not liking me for whatever reason and as a result, from my perspective, seems to have been on a malicious campaign to have me booted out, even fabricating some nonsense alledging that I had told another member to "f**k off" when I have documentary evidence from the chairman at the time that the individual concerned stated that I never said anything like it. Anyway, to cut a long story short, that was one of many false allegations perpetrated by one member of that society that I cannot name here, but I do know her name.

    In February 2014, I contacted another society, Breckland Astronomical Society ("BAS"), located near Ellingham, in Norfolk to enquire about joining them. To begin with they were friendly, and I thought I was going to be accepted as a member after a few visits, making some jokes, laughing, and trying to be a normal member of the public as it were. On 3rd October 2014, I recieved an email from the then chairman saying "due to your unfortunate condition, unfortunately, membership of the society would not be suitible for you. The committee have carefully considered your application and decided that in the best inetersts of yourself and the society, it should be rejected." I am no expert, but it seems that this society has just blatantly admitted to discrimination? From the email I recieved, and from the emails I later recieved of an exchange between NAS and BAS, they admit that they banned me and the email from 3/10/14 actually proves that this is because of my "condition".

    On 31st January, I visited the Norwich Astronomical Society hoping that they had put the past behind them as it had been some time since I had been there. I visited to see a "super blue blood moon" ("SBBM") that was actually forecast to happen early the next morning at around 2:20am. I was excited as I had never seen one before. And because I live in Norwich, I cannot really see much due to light pollution. When I arrived, I noticed that ITV Anglia were filming there and decided to wait outside. After around 5 minutes of waiting, I spotted a member emerging from one side of the clubhouse (namely the toilets) and proceeding to enter the main clubhouse door. I stopped him and asked to speak to the chairman. A tall male with a dark coloured hooded long coat appeared claiming to be the chairman (I now know that he is not the chairman but in fact the secretary) and asked what the problem was. I stated as above that I was wondering if I could hang around for the SBBM, and if he was OK with that. He recognised me somehow, and asked me if I was "Thomas XXXXXXX" which I obviously confirmed I was. I am guessing he recognised me from my motorcycle which was parked behind me around 15 feet away. After I confirmed who I was, he launched in to what I would describe as a verbal assault saying that I was banned, prohibited, forbidden and that if I did not leave, he would call the police and have me arrested for tresspass. I was briefly in a state of shock at this point, but I still kept my cool with him and asked why I was banned as I was unaware of any ban at that time (I am still not aware of any ban to this day as it has not been confirmed, but seems to be in place never the less, even though they have not stated it). He then accused me of "swearing" at another member which is absolutely false and I have documentary evidence to prove that this is an utter fabrication of the highest order. To avoid being arrested for some made up nonsense like "trespassing", I hopped on my bike and started to reverse out but did not start it. As I did so, I clearly heard the secretary call me a "f**king retard". I responded by calling him an "a**hole". He answered me by saying "I heard that" and I responded by saying "good, that's what you get for calling me a f**king retard". Secretary walked away in to the clubhouse saying nothing further. I backed out parking on the other side of a PUBLIC ROAD calling a friend to try and calm my absolute rage at him at this stage, although I did not show it to him directly. I spend about an hour on the phone to 2 different friends and afterwards I took off home. On 2nd February 2018, I filed a complaint by email directly to the chairman who, in his response seems to be saying that he cannot prove that the events I have stated and is esstentially calling me a liar, and supporting the secretary (which emails between them seem to suggest) where in one of them the line "he got short order from our chairman". This is because he was able to fabricate a tweet from my Twitter account where he changed the code to replace "idiots" with "retards" and then used it to make out that I said it. It was a tweet that I sent to Parking Eye Ltd ("PE") after they were demanding £75 to provide the police with data relating to a hit and run incident where my motorcycle was hit causing damage while it was parked up and unattended in an ASDA car park and the police asked PE for the data of vehicle registration numbers for a set time period. As a result of this, the police did not pursue it any further.

    Fast forward...

    I made a subject access request on May 5th 2018 to both societies with a set list of documents that I was after. I recieved an acknowledgment from both societies after several days and I waited for them to come through, sending consistent reminders so that they did not forget the obligations that they were under under section 7 of the Data Protection Act 1998 ("DPA") . I did not get a response from NAS until 7th June 2018 which came in the post from thier solicitor via special/recorded delivery. I found several documents that I asked for missing and wrote back by email to ask for them again. I did not recieve a reply. I tried again, no reply. I recieved an email from BAS on or about 9th June 2018 attaching some very interesting information including, confirming that the two societies had been exchanging emails between them about me. I requested copies of those emails and was told that they were exempt from disclosure. I did not believe this, so I requested them again, and got an almost identical answer.

    As a result of this, I contacted the Information Commisioners Office ("ICO") and filed a formal complaint against both societies for breaching my rights under the DPA and believed that the two concerned societies had been discussing my details without my express permission. BAS tried to claim "legitimate interest" as a rather poor excuse for what they did, and the ICO has written to me stating that both societies had not complied with the DPA under shedule 2. After seeing the emails myself, it also appears that they tried to withhold them as it contains defamation against my name and did not want to face a court claim for defamation of character.

    After recieving the ICO's decision, I wrote to the two societies again asking for them to propose a resolution. I recieved a reply from BAS within 10 minutes attaching the email chain between the two aformentioned societies and saying that they had implemented the changed reccomended by the ICO. I have yet to recieve any response from NAS.

    Given what is a reasonably short version of what has happened, are there any legal experts here that can suggest on what my next steps are please?
    Last edited by «THÖMÅS®©™»; 17th November 2018, 04:31:AM.

  • «THÖMÅS®©™»
    replied
    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.
    Last edited by «THÖMÅS®©™»; 10th April 2019, 16:44:PM.

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    Originally posted by R0b View Post
    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.

    Leave a comment:


  • R0b
    replied
    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.)

    Leave a comment:


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

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    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?

    Leave a comment:


  • Amethyst
    replied
    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.

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    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.

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    What did I say charitynjw??

    Leave a comment:


  • charitynjw
    replied
    Originally posted by «THÖMÅS®©™» View Post
    I have stated at least twice that I have before.

    perhaps you missed those posts.
    I'm out of here!

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    I have stated at least twice that I have before.

    perhaps you missed those posts.

    Leave a comment:


  • charitynjw
    replied
    Have you contacted RM?

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    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.

    Leave a comment:


  • charitynjw
    replied
    Ah, right.

    If it's signed for, it must have been delivered.

    Res ipsa loquitur

    Leave a comment:


  • «THÖMÅS®©™»
    replied
    I assume one can, because he refused it, but AFTER it was delivered and signed for, which is quite puzzling to me, because, after signing for it, did not know that you could refuse it. It did arrive, but he signed for it and then refused it, in my view, digging himself a deeper hole. This should work in my favour in court, right? Now he cannot deny that an LBA was never received as a wriggle himself out, because I posted one and he refused it, his problem, not mine now.

    still waiting for Royal Mail to stop deliberately procrastinating on a clarification on this.

    Leave a comment:

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

Announcement

Collapse
No announcement yet.

Court Claim ?

Guides and Letters
Loading...

upgrade to vip

Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

only £15/yr

Offers available. No subscription traps.

sign up now



Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


Working...
X