SAR request - when/how

richy4

I'm a regular reader on here as I am currently fending off 2 PCNs, one of which will shortly be resulting in a County Court Claim as I just passed the Letter Before Claim stage...

I've noticed on here sometimes contributors mentioning to send a Subject Access Request to the PPC in question. I understand the PPC can in turn demand a fee for this up to £10.

At what point should I do this? And is it worth it? I guess you can get more ammo for a future court case if they screw up responding to the SAR or don't actually provide everything they actually have.

What have people's experiences been?

Coupon-mad

https://bmpa.zendesk.com/hc/en-us/articles/206890469-6-Subject-Access-Requests-Easy-

Worth it just to see their hand, in advance.

one of which will shortly be resulting in a County Court Claim as I just passed the Letter Before Claim stage...

As long as that wasn't ParkingEye. Unusually, LBCCC stage with PE can be considered a chance to appeal by email and often they will cancel, a rare tactic not shared by other PPCs.

Kankaroo

I have just asked a company for a SAR.
I basically wrote to them in writing to ask for the information they held on me and enclosed a cheque for £10.00. They legally have to provide it.

I am not sure what a PPC is but you can respond a county court claim.

My husband and I did when we cancelled a holiday due to the death in the family. The company who had death listed as a reason to allow for cancellation in the contract, took us to court to claim the total cost of the holiday. We responded and claim was denied.

Cx

Coupon-mad

I am not sure what a PPC is

Then you need to read 'NEWBIES PLEASE READ THESE FAQS FIRST'. Urgently.

but you can respond a county court claim.

Obviously, we do this all the time. I just said you should respond to the LBCCC, never mind the date having 'passed'. Especially if it was ParkingEye because they do cancel at LBCCC stage but almost NEVER once at court stage. You'd likely lose in court if it's them, so I hope you are not sleepwalking into a court claim that you should be responding to pre-court, urgently.

richy4

https://bmpa.zendesk.com/hc/en-us/articles/206890469-6-Subject-Access-Requests-Easy-

Worth it just to see their hand, in advance.

Shall I send the request now or wait for the inevitable county court claim first?

And should I be successful at court, I presume I can immediately include the £10 for the SAR in my expenses to claim back from them?

Thanks for the reply, yes I did acknowledge and reply back to their LBC, it wasn't Parking Eye. It's a Gladstones.

Coupon-mad

Claims are not inevitable.

richy4

It is Gladstones. On this basis, shall I submit the SAR now or wait?

I'd also like to begin a counter-claim against them for breach of Data Protection Act. I take it I can only do this or will be in a better position to, once/if I win my county court claim?

HO87

Although the DPA insists that SAR's are responded to promptly a PPC nevertheless has up to 40 days within which to respond to your request once they are satisfied as to your identity and they have the payment. The sooner you submit it the better.

If you are likely to be dealing with a claim I suggest that you also write to the DVLA identifying the vehicle you are the owner of and ask that they provide details of which companies have made any vehicle keeper enquiries in the last 3 months or so. Explain that a company (name them) has made a formal demand of you.

Specifically ask the DVLA to disclose what reason was given by the company for the enquiry (it may not have been the PPC necessarily that made the request), the date the enquiry was made, the date on which the data was provided and whether the company are signatories to a KADOE contract (which means they can get the data electronically) or whether they submitted a form V888/3? If the latter ask for a copy of the form they submitted.

These enquiries are free but if may take a couple of weeks to get a reply.

If you are contemplating a counter-claim for DPA breach then you will need all of the above as a minimum.

Coupon-mad

I recommend not doing a counter claim at the same time as defending a claim. Wait and win the case first then if you feel you have grounds for a data misuse claim, make a complaint to the ICO first, to build your evidence without the stress of also defending their claim at the same time.

Kankaroo

Thanks coupon! Can I just search for this? Don't think I have ever posted on any fourm.

Cx

richy4

Although the DPA insists that SAR's are responded to promptly a PPC nevertheless has up to 40 days within which to respond to your request once they are satisfied as to your identity and they have the payment. The sooner you submit it the better.

If you are likely to be dealing with a claim I suggest that you also write to the DVLA identifying the vehicle you are the owner of and ask that they provide details of which companies have made any vehicle keeper enquiries in the last 3 months or so. Explain that a company (name them) has made a formal demand of you.

Specifically ask the DVLA to disclose what reason was given by the company for the enquiry (it may not have been the PPC necessarily that made the request), the date the enquiry was made, the date on which the data was provided and whether the company are signatories to a KADOE contract (which means they can get the data electronically) or whether they submitted a form V888/3? If the latter ask for a copy of the form they submitted.

These enquiries are free but if may take a couple of weeks to get a reply.

If you are contemplating a counter-claim for DPA breach then you will need all of the above as a minimum.

Hi HO87, thanks for your reply.

Can I email directly to the DVLA with this request or does it have to be in writing through the post?

And do any of you guys know if the parking company/Gladstones access or request the Keepers details just once from the DVLA or does it happen multiple times across the process? So obviously they initially access it when sending the notice to keeper, do they have to re-access it every time or upon the initial access they store it and keep it as they pursue the case?

In addition to the above, would Gladstones have accessed the DVLA data themselves with their own request or simply passed it by the parking company. Could be issues here of data transfer/security between known dodgy companies?