In this guide, we provide information on starting a personal data breach claim after a speed ticket letter data breach. Firstly, we discuss the obligations placed on certain parties to protect your personal data by data protection laws. We then explore when you could be eligible to start a claim after a breach of your personal data caused you financial loss and/or emotional harm due to the failings of either of these parties.
As the guide progresses, we discuss in more detail what a personal data breach is and provide examples of how one could occur. Furthermore, we look at the different types of damage that you could experience as a result and how data breach compensation payouts awarded following a successful claim aim to address the effects you have suffered.
Finally, we discuss the benefits of working with a solicitor from our panel under No Win No Fee terms and the services they could offer, such as assistance gathering evidence to strengthen your case.
If you have any other questions about data breach claims, please contact an advisor for free using the contact details provided below:
- Call 0161 696 9685.
- Use this online form to contact us.
- Start a conversation on our live chat feature below.
Choose A Section
- When Can You Claim For A Speed Ticket Letter Data Breach?
- How Could A Speed Ticket Letter Data Breach Happen?
- Data Breach Compensation Examples – What Could You Receive?
- Evidence That Could Help You Make Data Breach Claims
- Can I Use Data Breach Solicitors On A No Win No Fee Basis?
- Learn More About Claiming Data Breach Compensation
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are pieces of legislation designed to ensure protection of personal data. Additionally, they set out the responsibilities data controllers and data processors have with regard to the processing, storing, and handling of personal data. Data controllers are responsible for deciding why and how your personal data is processed. If a data controller does not process data themselves, they can instruct a data processor to do so for them. The processor would then act on the controller’s instructions.
If either parties failed to uphold the obligations placed on them by data protection laws, it could lead to a breach of your personal data. Personal data is any information that can be used to identify you, such as your name, email address, credit card or debit card details, and postal address.
The Information Commissioner’s Office (ICO) is an independent body that upholds the data rights and freedoms in the UK. They provide a definition of what a personal data breach is. The ICO defines this as a security incident affecting the integrity, confidentiality or availability of personal data.
For a personal data breach claim to be valid, you must meet a set of eligibility requirements. This involves showing:
- The data controller or processor failed to meet their obligations under data protection laws.
- This caused a breach that affected your personal data.
- As a result, you experienced mental and/or financial damage.
To discuss in more detail whether you could be eligible to seek compensation after a speed ticket letter data breach, speak to our advisors using the number above.
Below, we have provided examples of how a speed ticket letter data breach could occur.
- Human error means the letter is sent to the wrong postal address despite the organisation having the correct contact details for you on file.
- Your name is mixed up with a relative at the same address as you. As a result, they receive a letter that was meant for you.
A speed ticket letter could include personal information such as your, name, postal address and vehicle registration number. If this information was affected in a breach, it could mean you experience stress or anxiety. It could also mean you are required to take time off work to recover from the mental impact the breach has had, leading to a loss of earnings.
Alternatively, if you don’t receive the letter which includes details of a fine you need to pay by a certain date, this could mean you receive further penalty and a larger fine.
Please call and talk to an advisor if you would like to discuss your specific case. They can review whether you have valid grounds to pursue data breach compensation and could connect you to an expert solicitor from our panel.
Following a successful claim for a breach of your personal data, you could receive a settlement comprising compensation for non-material damage and/or material damage. You can claim for each of these independently, or alongside one another.
Non-material damage is the psychological impact of a breach of your personal data. As mentioned, this could include stress, anxiety or depression. When valuing this aspect of your claim, solicitors and other legal professionals can use the Judicial College Guidelines to help them. This document contains guideline award brackets for different kinds of mental harm.
Figures from the JCG can be found in the table below. It should be noted that this table is only a guide, however, as settlements are calculated on a case-by-case basis.
|HARM TYPE||SEVERITY||COMPENSATION - GUIDELINES||NOTES|
|Psychiatric Damage||Severe||£54,830 to £115,730||There are marked problems that affect several aspects of the person's life. The prognosis is very poor.|
|Moderately Severe||£19,070 to £54,830||Significant issues with different areas of life, but the prognosis is more optimistic than in severe cases.|
|Moderate||£5,860 to £19,070||Marked improvement of issues affecting multiple areas of life and a good prognosis.|
|Less Severe||£1,540 to £5,860||The period of disability and extent of it's impact can influence the level of award.|
|Anxiety Disorder||Severe||£59,860 to £100,670||All aspects of life are badly and permanently impacted and the person can't function at a pre-trauma level.|
|Moderately Severe||£23,150 to £59,860||Effects will bring about significant disability for the foreseeable future but there will be a better prognosis and some recovery through receiving professional help.|
|Moderate||£8,180 to £23,150||Continuing effects are not grossly disabling and the person largely recovers.|
|Less Severe||£3,950 to £8,180||A virtually full recovery takes one to two years. Only minor symptoms last any longer.|
How To Claim For Material Losses
Material damage refers to the financial loss you experienced as a result of the breach of your personal data. As mentioned, this might include lost earnings if you miss work because of stress due to a data breach. Evidence can help in proving these monetary expenses, such as payslips and bank statements.
For more guidance on the steps involved in calculating the value of a data breach claims, please contact an advisor using the number at the top of the page.
When beginning a claim for a speed ticket letter data breach, you must provide evidence to show you meet the eligibility criteria. As such, you could benefit from gathering the following:
- Correspondence between you and the organisation, highlighting the breach’s cause and the personal data involved.
- Medical records that outline any psychological injury caused by the breach of your personal data. This might include, for example, a psychiatrist’s report.
- Records of financial loss. One example is payslips that show reduced earnings from missing work.
A data controller is required to make you aware without undue delay if a personal data breach puts your freedoms and rights at risk. You could also contact them directly if you suspect your data has been compromised.
Should they fail to give any meaningful reply, you could complain to the ICO. They may choose to investigate the breach. If they do, you may be able to use the outcome of their investigation as further evidence for your claim.
A solicitor from our panel could help gather evidence and advise you on the steps you would need to take as part of the data breach claims process. For more information, ask an advisor by calling the number above.
An expert data breach solicitor from our panel could use their knowledge and experience to help you seek data breach compensation. Additionally, they offer their helpful services under No Win No Fee terms. More specifically, they provide a Conditional Fee Agreement which typically means no fees will be requested for the solicitor’s work at the following times:
- While the claim is in progress.
- After a claim fails.
Your solicitor would take a success fee if the case wins. They collect this as a percentage of the compensation you are awarded. This proportion has a legal cap applied to it, per The Conditional Fee Agreements Order 2013.
Get In Touch Today
An advisor could give you all the information you need to understand data breach compensation claims. You can also ask for an assessment of your potential case, which could lead to you being connected to a solicitor from our panel, provided your case is valid. To get in touch, you can:
Here are some more data breach claims guides from us:
- Learn about the process involved in claiming compensation after a lost records data breach that affected your personal information.
- Find out whether you could make a family data breach claim and the steps you could take to seek compensation.
- Discover when you could be eligible to seek compensation following a text message data breach and the steps you could take as part of the claims process.
Some further resources:
- Information on your right to get your data corrected from the ICO.
- Guidance on how to find out what data an organisation has about you from GOV.UK.
- Guidance for individuals and families about data breaches from the National Cyber Security Centre.
Thank you for reading our guide on when you could claim compensation for a speed ticket letter data breach. Please call if you have any further questions.