Background

Mr Matthew McConville, the Head of our specialised Actions Against the Police and Data Breach Department at Irvings Law has successfully represented Mrs T (whom wishes to remain anonymous for the purposes of this blog) in her data breach compensation claim against Greater Manchester Police after they twice sent papers to the Court about a driving offence committed by another person of the same name.

In July 2018, Mrs T received a letter from the DVLA which confirmed that her entitlement to drive was to be revoked due to excessive acquisition of penalty points. This letter meant that Mrs T lost her cover to drive and must comply with the conditions for a new learner driver until she passes another theory and practical test. Mrs M’s said entitlement to drive was to be withdrawn five days after the date of the said letter.

Mrs T knew that this was an error as she has never previously committed any criminal road traffic offences to cause her to receive penalty points. As a result of many telephone conversations with the DVLA and the Court, it transpired that Greater Manchester Police was in fact to blame for the said error. Subsequently, Mrs T lodged a complaint to Greater Manchester Police’s Professional Standards Department whom confirmed that this was ‘100% a Police error’.

Essentially, it was confirmed to Mrs T that Greater Manchester Police’s Central Ticket Office sent papers to Court in Mrs T’s name relating to a road traffic offence that was committed by another person with the same name as hers. After challenge, Greater Manchester Police upheld and locally resolved Mrs T’s complaint which later resulted in her licence revocation being removed. Mrs T then attempted to move on with her life and not take this matter any further but as the same thing happened again almost twelve months on, she sought redress for what she went through in both July 2018 and then again in 2019.

Representation

Mrs T approached specialist Actions Against the Police / Data Protection Solicitor, Mr McConville and without hesitation no win, no fee terms were offered. Once instructed, Mr McConville lodged another complaint to Greater Manchester Police and demanded that issue be rectified to avoid reoccurrence. After this was so achieved, Mr McConville then lodged a formal Letter of Claim to Greater Manchester Police and alleged that they had breached / invaded Mrs T’s privacy under the Human Rights Act, had breached the Data Protection Act 2018 / the General Data Protection Regulation (GDPR) as well as confidence following their misuse of private information pertaining to Mrs T.

Resolution

Upon receipt of this, Greater Manchester Police admitted liability for both cases and resolved Mrs T’s claims collectively for £7,000.00 plus her legal costs.