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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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if the government falsifies the pnc system what would the civil

Resolved Question:

if the government falsifies the pnc system what would the civil charges be
ie negligence what else uk civil law
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I guess it would depend whether it was accidental or deliberate.

Alex Watts :

If it was deliberate then it would be negligence which would be the head of claim, together with loss of chance is appropriate.

Alex Watts :

There may also be criminal proceedings brought if someone did this on purpose and could be fraud or misconduct in a public office

Alex Watts :

Can I clarify anything for you about this today?

Customer:

I still have not received an answer so how can I rate you but you have taken my money

Alex Watts :

My answer is above, can you not see it?

Customer:

no

Alex Watts :

Let me copy it

Alex Watts :

I guess it would depend whether it was accidental or deliberate.

Alex Watts :

If it was deliberate then it would be negligence which would be the head of claim, together with loss of chance is appropriate.

Alex Watts :

There may also be criminal proceedings brought if someone did this on purpose and could be fraud or misconduct in a public office

Alex Watts :

Can you see that?

Customer:

sorry just seen it im not sure but it has taken me 17nyrs to get it corrected

Alex Watts :

Ok - so it really depends on who was at fault and why

Alex Watts :

If it was just a mistake clearly this is harder to claim that if it was on purpose.

Customer:

in view of what I was goingfor at the time (perantalright over mydaughter

Alex Watts :

ok

Customer:

this had a serious detrimental effect on my case

Alex Watts :

ok

Customer:

ok I have been upin front of the judge and although he was not allowed to help me he did get the defendant solicitor to rattle of a no of charges including negilence so going along those lines he said 5 in amatter of second what would the others be

Alex Watts :

Yes you could certainly claim for negligence and loss of chance if appropriate.

Alex Watts :

But you would have to pay for a Solicitor and Barrister and you are unlikely to get legal aid

Customer:

can you please explain loss of chance

Alex Watts :

Yes, for example if you had gone for a job but not got it because of PNC - loss of chance

Customer:

what about because of this I was treated as a liar and in deniel

Alex Watts :

Well that is hard to get compensation for I am sorry to say

Customer:

every opertunity I have had, even to do with access to my children, has been influenced by these convictions that I was not convicted of

Alex Watts :

Yes I understand. But this is why you can sue for loss of chance etc.

Alex Watts :

Can I clarify anything for you about this at all?

Customer:

etc what are the etcs

Alex Watts :

etc as well as negligence

Customer:

ok I think the easiest was is can you please put in list order all the possible chrges that can be throw at them please

Alex Watts :

Obviously I have not seen all the evidence

Alex Watts :

But please bear in mind you asked about civil actions. When you say charges that is criminal

Alex Watts :

Criminal:

Alex Watts :

Fraud

Alex Watts :

Misconduct in a public office

Alex Watts :

Civil:

Alex Watts :

Negligence

Alex Watts :

Loss of chance

Alex Watts :

Those are the matters I consider relevant.

Customer:

im sorry I just want to know what I can claim for in regards XXXXX XXXXX falsified pnc and the fact it has taken17yrs to correct and had a serious detrimental effect on me and my family life including the loss of my home

Alex Watts :

You can claim for negligence and loss of chance

Alex Watts :

Can I clarify anything for you?

Customer:

and that is it when I put in for a high level answer I expected a blow by blow account of case law explaining my right s as I did a while ago with another matter I do not find this helpful at all and definitely not worth 47. the judge can see I have a case and will put it up to the high court if I can come up with the correct legal formular despite the defendant trying to keep it in the county court

Alex Watts :

You have given me limited information.

Alex Watts :

You asked what case do I think you have and I said negligence and loss of chance.

Alex Watts :

I do not quite understand what else you want to ask of me?

Alex Watts :

If you ask a question I can certainly help

Customer:

what other information do you require

Alex Watts :

What do you want to ask of me?

Alex Watts :

Ask me a question and I can answer you

Alex Watts :

But if you do not ask me a question I can not guess what you want to kno

Alex Watts :

know

Customer:

ok negligence list the reasons of negligence as it would be produced to the judge so I can understand what the judge is asking of me im struggling to understand in the way in which the judge requires my case I understand the criminal way up to a fashion but not the civil im ex army with ptsd from the first gulf in 1990 91

Alex Watts :

There is no reasons for negligence, there is no such thing

Alex Watts :

You need to show

Alex Watts :

1) they have a duty of care

Alex Watts :

2) they breached it

Alex Watts :

3) you suffered as a result

Alex Watts :

The fact they took 17 years to fix it shows that you suffered. It should have been done a lot quicker

Customer:

thankyou now that, I can understand so in effect it would be breach of dpa 1998 no 4 in which all dta shall be kept accurate and up to date

Alex Watts :

Yes and you can claim for compensation pursuant to Section 13 of Data Protection Act 1998

Alex Watts :

Can I clarify anything for you?

Customer:

and section 13 states ?is there any other sections that could be relevant

Alex Watts :

Section 13

Alex Watts :

http://www.legislation.gov.uk/ukpga/1998/29/section/13

Alex Watts :

An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

Alex Watts :

Can I clarify anything?

Customer:

how does one prove loss of chance

Alex Watts :

You need to show that offers were made and then declined because of your PNC

Alex Watts :

Or that offers were not made in the first place because of your PNC

Customer:

how about the facti have been under police survalience for the last 17 yrs

Alex Watts :

You cant do anything about that.

Customer:

denied my legal right to a private and family life as a result

Alex Watts :

In what way?

Customer:

because of the nature f what was put on the pnc and once you get into section 13 then echr art 8 a right to have correct data

Alex Watts :

But WHY has your family life suffered? Were you prevented from seeing your family or children?

Customer:

yes for 18yr the eldest and I still have not meet my youngest because of it and it was her parental responsibilities I was fighting for at the time when this first come to light but I was just brananded a liar and in deniel

Alex Watts :

Potentially you have a claim for that too.

Alex Watts :

But I think your compensation would be less than £500,000

Alex Watts :

Can I clarify anything else?

Customer:

can I come back to you as I need sometime to absorb this information and I will probably have a couple more questions for clarification on points

Alex Watts :

Yes, but do remember to leave feedback before you go. The question remains open and you can come back at any time.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

hi just have a question if the convicting constabulary pass out the records to another department to carry out back record conversion and the so called errors where then put on the pnc would they still be responsible

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