Excel/BW Legal, Company Defendant. Vicarious Liability

Riz268

No it wasn't a Sunday but driver was on a day off. Not sure how this can be proved though.

Riz268

Is this SAR letter ok to send to Excel?

Subject access request


Please supply the information you have for (company name) which we are entitled to under the Data Protection Act 1998 relating to the following information


(a) All information out hold under (company name) and/or address and/or any other personal data


(b) all information you hold under the vehicle mark ########, such as images of the car or letters sent to my company about the car


(c) All other information you hold about (company name) including information from or to third parties


I attach a cheque for £10.00 covering the maximum cost under the Data Protection Act 1998. Should you not Levy a fee for SAR's or only a lesser amount we would request you return any surplus amounts when supplying (company name) information.


It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer.


Yours Faithfully

nosferatu1001

Riz268 wrote: »

No it wasn't a Sunday but driver was on a day off. Not sure how this can be proved though.

Oh come on, not tricky!

A witness statement from manager saying X was on a day off is evience
A witness statement from X stating they were on a day off is evidence (but not as good, as it IDs the driver...so dont do it!)
Work calendar showing day off schedule would be evidence
etc....

Just keep going.

Lamilad

As Nos says - you saying you were on day off in your WS is evidence of such and it would be up to them to disprove it or convince the judge you're lying.

Of course another WS from a director saying the same or a copy of a work rota would reinforce this evidence.

Re your SAR:

(c) All other information you hold about (company name) including information from or to third parties

I would add:
(D) All information relating to PCN no. xxxxxx where it is connected to the subject.

I would also add a para at the end:
I am aware that when responding to a SAR Excel send out their own form for the client to complete and send back.

This is a known tactic to delay supplying the information requested by the subject. Such action will result in a complaint to the ICO and will be used as evidence in court to demonstrate the claimant's unreasonable behaviour in engaging with the defendant.

I advise you that this letter has been created from an example given on the ICO's own website which shows how to correctly write a SAR.

The request is clear and leaves no ambiguity about the information required. DO NOT send a form or use any other delaying tactics.

Castle

Only individuals can send SAR's; not companies.

Lamilad

Castle wrote: »

Only individuals can send SAR's; not companies.

Thanks for this Castle, I didn't know that. But it actually makes sense that SAR would only apply to an individual.

I think the best course of action would be for the def to request the information they need under part 31 of the CPR

HeatonGuy

And send a copy of the request to the court, for the file.

Riz268

Thank you, I'm on it

Riz268

Just to clarify it's the same letter as above but it's a CPR?

Lamilad

Post your revised draft on here before sending.

Remember it's no longer a subject access request, it's now a request for information under part 31 of the civil procedure rules