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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have found out today that the police have a record of an

Resolved Question:

I have found out today that the police have a record of an arrest on me that isn't correct. I have now lost a job due to this. Where do I stand in Law for loss of earnings?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain your situation a little more?

Customer:

I started work with the British Transport police and they agreed to do the vetting while I work. The vetting came back yesterday and I failed it. The reason being an arrest the police say I have had. The information is wrong as I have never been arrested and I have now lost my job on the back of this incorrect information due to a lack of integrity.

Customer:

I worked for the police force concerned for 12 years prior to my new job with BTP and this arrest was never disclosed. I started work there 3 years after the force say I had a previous arrest

Alex Watts :

What do the Police say about this information?

Customer:

Well the new job that I was in already in postion have ended my contract as I didn't declare this arrest they have failed on integrity. As for the Met Police (the arresting force). I have submitted a freedom of information request to them and I await that back. I am just unaware if I can claim against them as the information they have provided is false and have lost earnings and the fact that my integrity has been smeered.

Alex Watts :

You should write and formally complain under the Data Protection Act,

Alex Watts :

They will provide a response. Once you have this then you can complain to the Information Commissioner. They offer a free, independent service and can examine your complaint for free. Their website is: www.ico.gov.uk

Alex Watts :

You can also issue proceedings:

Alex Watts :

Section 13 states:

Alex Watts :

(1)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 :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer: I will be rating you excellent. Should I wait for the
Customer: Freedom of of information request to come before I formaally complain?
Alex Watts : Yes go the FOI route first
Alex Watts : does that help?
Ash and other Law Specialists are ready to help you