I wrote to members a few weeks ago and set out some concerns that I had about the use of ANPR data by certain insurers and/or their nominated solicitors.
From my initial communication, it was clear that ANPR sourced data was being routinely deployed as the basis to refute settlement of credit hire claims. More recently, it has emerged that it is now being used to try to re-open old claims that were concluded up to two years ago. I am aware that Keoghs are making allegations of deceit against the CHO and the original claimant as a means to seek pre action disclosure to bolster their own unsupported allegations. The frequency and incidence of such cases reported to me has increased over the past few weeks and there is evidence that the insurers have been sold a scheme as a means to increase business referrals to the usual solicitors.
I have conducted a detailed investigation into the way in which this ANPR data is obtained, used and marketed by certain defendant entities and I now invite you to join a 60-minute webinar presentation that I will be hosting on Monday 10th August at 3pm. I had hoped to offer this event earlier but I am conscious that Monday 3rd August is a Bank Holiday and I know that many people often take the remaining four days of that week as a holiday which may impact the ability of some people to attend.
Currently, I expect the webinar to cover a number of threads:
The evidence obtained, which may be as embarassing for defendants as the Autofocus fraud they turned a blind eye to ten years ago;
The route by which the data is obtained and marketed by certain defendant entities who I will identify;
The purported ‘defence’ to the use of such personal data advanced by insurers;
The number of incidents where the allegations are entirely misplaced, the claimant having done nothing wrong at all, which appears to destroy the insurer defence;
The particular offences relating to the use of personal data in contravention of the Data Protection Act 2018 (including the incorporated GDPR provisions);
Practically, I will outline a no-cost route that CHOs might want to take to protect against future challenges;
I will also suggest a potential approach with regard to resisting the current challenge, informed by a view from counsel, and
Suggest how CHOs might want to co-ordinate an effective response.
My investigation has involved a significant amount of time and energy but I think it has been worthwhile. I know it is an issue that is causing many CHOs and solicitors some concern at the moment. Consequently, I believe that the webinar will be worth an hour of your time.
As with the impecuniosity webinar, attendance for member firms i.e. those that are paying subscribers, is free.
Those subscribers that are not paying a subscription will be able to attend if they are engaged in the Claimant community on payment of a fee of £100 plus VAT per organisation. That fee entitles more than one employee of the paying organisation to participate.
To register for the webinar, please email firstname.lastname@example.org with your business email address and I will send out the Zoom invite with the appropriate link next week.
PS Finally, if The CHO trade body are doing anything to respond to this challenge on behalf of their members, I would be happy to engage with them to ensure that there is no conflict between the two organisations. I am not aware of any such initiative but I am happy to hear from any member of the executive team if there is a plan in place to address this issue.