Hello my name is ***** ***** I will help you with this.
Could you please explain your situation a little more?
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.
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
What do the Police say about this information?
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.
You should write and formally complain under the Data Protection Act,
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
You can also issue proceedings:
Section 13 states:
(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.
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?