First-tier Tribunal (General Regulatory Chamber)

EA/2023/0314.FP - [2025] UKFTT 01119 (GRC)

Fecha: 24-Sep-2025

THE APPEAL

37.

On 27 June 2023, the Appellant appealed to the Tribunal against both notices. The Appellant appealed against the MPN on the following grounds:-

(a)

It neither made nor instigated any of the impugned direct marketing telephone

calls.

(b)

Any contravention was neither deliberate nor negligent on its part.

In the alternative, the level of the fine is excessive and should be reduced.

Since there was no contravention, the appeal against the EN should also be granted.

38.

Subsequently, the Appellant also sought to add a ground of appeal that the breaches were not ‘serious’ for the purpose of s55A(1)(a) DPA. The Commissioner objected to the inclusion of this additional ground at the appeal hearing, but the Tribunal decided to allow the Appellant to rely upon this ground.

Heading
MODE OF HEARING
THE LAW
THE MONETARY PENALTY NOTICE
THE APPEAL
THE HEARING
POSITION OF THE PARTIES ON EACH OF THE ISSUES AND DISCUSSION
CONCLUSION
Conclusions