Passed onto a different firm despite SRA complaint, what now?

pappa_golf

right hastle have two sections , debt collection and solisitors , if WH are stating that they will passit back to ZZPS (debt collectors) they are simply working as debt collectors , NOT solisitors

when WH pass it back they do not get paid , when ZZPS pass it back they do not get paid , however at the moment they are trying to be clever ,

who do you complain about WH ? they are working for ZZPS , or is the compaint about ZZPS , not them chasing you its WH

yes we know that ZZPS use WH notepaper , but they are covering their *SS*S so that you cannot make a complaint

Or perhaps a letter to the landowners asking if any of the above firms have authority to act on their behalf?

the landowner will have hired a PPC , who can (possably on the signage) use a debt collector to recover monies

the land owner recieves nothing apart from a reduction of people using his site , and a mention in the times when he goes bust and dont understand why

WH have for the last 12 mths or so been handling POPLa cases that were on hold , there is a brilliant "tweet" where they say (openly) that wright hastle are NOT debt collectors , they are solisitors

Coupon-mad

Incidentally, my mother was, and is able to prove that she was not even in the country on this date.

You mean she has already proved she wasn't driving?

Same advice as here, then:

https://forums.moneysavingexpert.com/discussion/comment/71891908#Comment_71891908

Or am I likely to be better just disclosing the fact my mother wasn't in the country at all and they have no claim against her?

Yes because this sets the groundwork for your Mum being able to claim or counter-claim for a 3 figure sum, if they continue to harass her and process her data when they have been shown evidence that she cannot have been the driver. Like in the linked case, do the same forum search I advised there and write a letter from Mum that really goes on the attack and also copy in the landowner (you could head it up 'LETTER BEFORE COUNTY COURT CLAIM' as you will see a few like that in your results, and it is best to go for the landowner as well as PPCs don't care as much as their clients will!).

Should I also forward the letters from ZZPS and WH to the SRA? I appreciate they aren't likely to help my mother but the greater the weight of evidence and volume of complaints against these scammers, the better.

Yes to that as well. Really proactive dealings with this matter this year, might get your Mum £250 - £750 in compensation for data misuse.

NOTE TO NEWBIES - THIS IS NOT ALWAYS THE CASE AND ONLY APPLIES HERE BECAUSE IT IS CEL, WHO DO NOT USE THE POFA SO CANNOT HOLD A KEEPER LIABLE. IT CAN ALSO WORK V EXCEL OR SMART PARKING OR HIGHVIEW, NONE OF WHOM USE THE POFA.

BUT PLENTY OF PPCS DO USE THE POFA SO DON'T JUST COPY ADVICE SPECIFIC TO A CASE - IF IN DOUBT START A NEW THREAD.

Sploing

Thanks very much, that's really helpful.

My mother hasn't told the PPC or anyone else about not being in the country since I wanted a proper PD compliant LBCC before offering a defence, does that make a difference?

Also, when she does inform them, who should she inform? CEL, ZZPS, WH or all of the above plus the landowner?

Thanks again

Coupon-mad

Inform CEL and the landowner/retailer, in writing right now.

Send it as an LBCCC, also proving she was not the driver and telling them she is going to sue them for data misuse if any party (or agent, debt collector) continues to process her data now they know she can't be held liable.

And if she then gets another letter? BINGO! She claims money from CEL and the landowner.

Sploing

I take it I should send the proof too?

It's a flight booking confirmation covering the date in question and a visa stamp in a passport.

Thanks & I owe you a beer or the beverage of your choice!

Coupon-mad

White wine as I am a lady!

Yes, attach the proof, write it really robustly and show us first.

Sploing

Will do!

White wine it is, although ladies aren't exempt from drinking beer.

Sploing

This is my first attempt, this one will be sent to CEL with tweaked copies being sent to WH and also the landowner who I believe to be KFC, please let me know what you think:

Letter Before County Court Claim

Dear Sir,

In relation to your LBA dated 5th October 2016 I note that I have not to date received a response to either my response dated 24th October 2016 or indeed my follow up letter dated 25th November 2016.
In your LBA you stated “Unless we receive payment in full within 14 days of the date of this letter, we will be left with no alternative but to issue proceedings” however, it would seem that you have indeed found an alternative to issuing proceeding as I have since received 2 letters from ZZPS debt collection agency claiming to be acting on your behalf and one from Wright Hassall solicitors claiming to be acting on their behalf in what I regard as both an unnecessary and dishonest way of artificially inflating the claimed amount and a cynical method of subverting an investigation already being conducted by the SRA into your conduct.
Your conduct in this case has made it clear to me that you have no intention of following the Practice Direction on Pre-Court Action and are also incapable of behaving honestly.
In the interest of bringing this matter to a swift conclusion I would like to make the following clear:

- At the material time I was not the driver of the vehicle as stated in point 5 of your draft particulars of claim. In fact, I was out of the country at the time which I evidence by inclusion of the following documents:
o A copy of a booking confirmation for flights leaving and returning to the UK for myself spanning the date of the incident.
o A copy of my passport page bearing a VISA stamp from the Republic of Turkey; that date corresponding with the aforementioned flights.
o Although I have not included them at this stage I am also able to provide a number of witness statements attesting to the truth of the above.
- Since you have failed to identify the driver and have also failed to comply with the requirements of the Protection of Freedoms Act 2012 you have no claim against me as the registered keeper.
- I draw your attention to the fact that “there is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver” (POPLA Annual report 2015, Henry Michael Greenslade, Lead adjudicator, POPLA)
- I do not know who the driver was at the time of the incident and in any case, I would be under no legal obligation to furnish you with this information even if I knew.
Since I have now made it clear that neither you nor your clients have a claim against me I now consider this matter closed.

Furthermore, since you now have no reason to pursue the registered keeper in this case you should consider this letter as a notice under S.10 of the Data Protection Act in that I require you to remove my personal information from both yours and your clients systems and also instruct those working on your behalf, namely ZZPS and Wright Hassall Solicitors to do the same.

For your information I will be writing to both your client, who I believe in this case to be KFC UK; although you have never stated as much, and also Wright Hassall Solicitors along the same lines as I write to you today.

Be aware that if your continue to process my data I will complain to the ICO, furthermore I will seek damages for the distress caused by the continued data protection contravention.
Vidal Hall v Google [2014] EWHC 13 (QB) establishes misuse of personal data is a tort and that damages for a breach of the DPA could include non-pecuniary damage.
The case of Halliday v Creation Consumer Finance Ltd [2013 All ER (D) 199 provides authority that a reasonable sum would be £750 so you may consider yourselves and your clients on notice of my intention and the distressing effects of your mishandling of data upon me.

Finally, since you are to consider this a notice under S.10 of the DPA you are required to respond within 21 days, failure to do so will result in a complaint being made to the ICO.

Copies of this letter and all correspondence between yourselves, your clients, those working on your behalf and me will continue to be forwarded to the SRA to assist in their investigation.

Regards

hoohoo

Looks good to me.

Coupon-mad

Seconded.