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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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In about 2001 I rang the local council (Medway Kent) to

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In about 2001 I rang the local council (Medway Kent) to report what I thought were three dumped cars. When the representative from the council came around he showed the letter with my name on it to the three owners of the cars (one of which had been abandoned for about ten years). They called to my house that night threatening me etc. Since that time things escalated. One of the women attacked me two years years later after her man friend had threatened to kill my daughter. She threatened to kill me just before she punched me twice in the face. I fought back, got arrested, accepted a caution then found I couldn't work in the hospitals any longer. Went back the other day she saw me and I am out of a job. Do I have any grounds for anything?
Thank you for your question. My name is ***** ***** I will try to help with this.
What are you hoping to do about this please?
Customer: replied 2 years ago.
Sorry firstly can I ask, I thought £47 was just a one off payment. I do not want a monthly membership. I am pretty upset and perhaps didn't read the ad for your services properly.I want to know if I have any legal standing to sue the council from all those years ago for breaching the Data Protection Act. Also with regard to the person who assaulted me and I acted in self defence if it is too late now to charge her. I ask this because I am now 64 with not a lot to lose apart from the wish to see justice done.Many thanksKaren
Customer: replied 2 years ago.
Are you there please?
You need to email customer services about your membership.On what basis are you hoping to sue the council? For what?In relation to the caution, it is too late now I'm afraid. That would amount to a common assault which has to be before the court within six months of the offence and, in any event, would not have been prosecuted because you accepted a caution and therefore accepted that self defence did not apply.I'm very sorry but this comes down to the fact that the caution is now having an adverse affect and you regret accepting it which I understand but is not a ground to take action.Can I clarify anything for you?Jo
Customer: replied 2 years ago.
Many thanks for that. So can I not take out a private summons against the person who assaulted me, albeit sometime ago?I am asking if I can sue the council for allowing the member of staff to show the letter (whatever letter it was) that had my name on it with regard to my telephoning to report supposedly dumped cars. It was a long time ago but because of that breach of the Data Protection Act my whole world was turned upside down with the woman who eventually assaulted me getting away with it basically. She lied and got away with it. I accepted a caution rather than go to court with a bunch of liars. I know my caution is long spent but what the whole effect has had on my life surely there must be something I can do.
No, because you are time barred. Anyway, you have accepted a caution and so self defence doesn't apply.
That isn't a DPA issue. That is just revealing the source of information which they are free to do and, in fact, would have to do at some point if they intended to rely on your evidence.
The trouble with this is that there was something that could be done and that was to refuse the caution and take the matter to court. Accepting the caution closed down all avenues.
Customer: replied 2 years ago.
Surely revealing my name and address on a document should have been data protected. Ah well I think you have answered my questions so basically accepting a caution, which was an admission of guilt to fighting back, yes, was my hangman's noose? despite death threats. Oh wow isn't the justice system great?Many thanks just the same.
Not if you are making a report of this nature.
Yes, that is right effectively.
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