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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience:  Over 5 years in practice
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I am a self-employed driver contracted to British Car

Resolved Question:

Hello, I am a self-employed driver contracted to British Car Auctions Logistics Ltd.
One of the other drivers should have been sent a Notice of Intended Prosecution for exceeding the speed limit in Nottingham on 1st August 2016, his call sign is A 1056. My call sign is A 156
BCAL erroneously sent my details !!!!!!
I believe this to be an infringement of the Data Protection Act ??? Am I correct and I also believe I am due an apology at least ???
Regards
***** *****e
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Why won't they apologise?

Customer: replied 6 months ago.
Have not asked for an apology yet
Customer: replied 6 months ago.
Will write to BCAL and Nottinghamshire Police now
Expert:  Jo C. replied 6 months ago.

I'm afraid I cannot agree this is a DPA issue.

They were under an obligation to disclose the identity of the driver. That over rides the DPA. They got it wrong which is another issue. Obviously they should put that right.

It is perfectly reasonable to demand an apology if you can be bothered with committing the time. It is quite unlikely they would refuse but if they do there isn't a legal means of forcing an apology largely because it is fairly worthless.

The bigger issue here is that they have named you so

Expert:  Jo C. replied 6 months ago.

the current prosecution will be considered against you with which you must deal.

Expert:  Jo C. replied 6 months ago.

You could ask for an apology though. I wouldn't focus on that. I would focus on getting them to correct this which is the bigger issue and more worthy of your time and effort.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
No, that is fine for nowThank you very much
Expert:  Jo C. replied 6 months ago.

No problem.

All the best.

Please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
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