track allocation

[shamen]

Im going to take a DCA to court over ignoring my DPA Data Subject Notices. Ive done the N1 and its all ready to go, my concerns being they may counter claim and also they may try to go on the fast or multi track to pile on costs or frustrate things.

So questions I have which I would like your input on

1) The claim im making is for £100 + court fee for my time and expenses trying to resolve the matter before court action, along with an order they comply with my DPA requests. Even if they counterclaim, the value will be about £1500, maybe £2000 tops. Is there any way that the Defendant could argue on their allocation questionnaire that small claims track is not suitable and fast track is needed - Ive heard these guys have threatened people with this before in order to pile on costs on small value cases.

2) what if they flat out dont agree to the small claims track? Must it then go fast track? Its my understanding both parties must agree to the small claims track for it to go that way? (or was that just larger value claims?)

I guess my main concern is, even with the low value - can the other party force this down a track and then claim all kinds of costs if, heaven forbid, I fail in my claims.

Thanks

[Amethyst]

Re: track allocation

DPA is usually a part 8 claim I think anyway, so yes quite likely they will try fast track as part 8's are auto multitrack. The value isnt the issue with the claim its forcing compliance with the sec 10 (is it sec 10 or DPA request for documents?) notice, you added the damages i assume to try get it in as a money claim rather than a part 8.

whats the background ?

[shamen]

Re: track allocation

This is the background

http://www.legalbeagles.info/forums/...ad.php?t=23891

Basically they have ignored my s10 notices so I wanted to force them to comply via small claims track. My concern was if they counterclaim for the money they claim is outstanding if this claim is not on small claims track then they could lash on all kinds of costs as I will defend the case.

Im keeping the particulars on the N1 as simple as possible. I thougth about making a claim under s13 DPA however ive been told that could open the door to a higher track if i leave the award at 'discretion'

1. Defendant is a Data Controller.
2. The Data Protection Act 1998 §10(3) specifies the Data Controller must respond to a §10 Data Subject Notice
within 21 days.
3. On XYZ, Claimant posted to Defendant a Data Subject Notice pursuant to §10 of the Data
Protection Act 1998 (Exhibits #1, #2 & #3).
4. Defendant did not respond to the Claimant's §10 Data Subject Notice posted XYZ
5. On XYZ, Claimant posted to Defendant an additional Data Subject Notice pursuant to the
Data Protection Act (1998) §10 clarifying Claimant's position and offering more time for the Defendant to respond
(Exhibit #4, #5 & #6).
6. Within the §10 Notice, posted XYZ, Claimant notified Defendant that failing to respond to the
§10 Notice would result in a County Court Claim against Defendant.
7. Defendant did not respond to Claimant's §10 Data Subject Notice posted on XYZ
8. Accordingly, Claimant claims:
a) An Order that Defendant respond to the Data Protection Act 1998, §10 Data Subject Notice posted to
Defendant by Claimant on XYZ.
b) An Order that Defendant's response under §8(a)of this Claim includes copies of any supporting documentation
that Defendant may rely on to justify Defendant's continued processing and sharing of Claimant's personal data.
c) The sum of £x to reimburse the Claimant for Claimant's time and expenses in attempting to amicably resolve
this matter prior to this Claim.