PCN for showing expired Blue Badge in error

claire07

That's great - many thanks. The defence was due by Monday so this would have been almost the last day for posting if I'd needed to.

claire07

Just to update to say I have now received the Notice of Proposed Allocation and will complete the DQ and prepare to go to court.


However as the advice was to keep after the landowner as they can intervene I wrote yet another letter to Network West Midlands saying how I thought they were hypocritical to run a 'Not all Disabilities are Visible' campaign whilst their parking company VCS harrasses people with disabilities who make innocent mistakes. Their response was it was nothing to do with them and I must deal with VCS.


Also, still no response from Excel asking how they got my details.

Snakes_Belly

Claire,

Post by Beamer citing a recent case. Need to include this in your WS. Could result in your case being thrown out.

https://forums.moneysavingexpert.com/discussion/comment/75930951#Comment_75930951

claire07

Many thanks for sending that link. Although I am a worrier I am resigned to it now going to court but I must admit I would be delighted if there were a possibility it might be overturned beforehand!

The_Deep

Judges are not fools OP, they recognise a scam when they see one. Have you though of a counter claim for disability discrimination? I do not think that they have made those "reasonable adjustments" which the Act requires.

Have you complained to your MP?

claire07

I have complained to my MP but had no response but will have another go.

As suggested I contacted Excel after receiving an email from them in response to my SAR to VCS, querying why they had my details. They have finally replied saying "VCS form part of the Excel Parking Services Group of Companies. Our privacy notices do refer to this".

Does this mean that it is OK for them to have my details?

Umkomaas

Does this mean that it is OK for them to have my details?

The definitive answer will come from the ICO, why not give them a call and ask them, they seem to be quite helpful (from other posts I've read).

Make sure you have a clear understanding of the 'relationship' between Excel and VCS so you can articulate to the ICO that you believe a data breach has occurred. Have a look at the Companies House records of both companies which might help you.

claire07

I have just received a Notice of Allocation to the Small Claims Track (Hearing) with a Court Date for March 2020, giving VCS a date in February to pay the £25 trial fee.

I had been sorting out a witness statement and photographs anticipating it would all be over one way or the other soon. So part of me is relieved but as most of the other court cases I read about on here seem to happen more quickly I am now wondering why the delay. Or is it just that the courts are very busy at present?

Redx

Courts are very busy, but I would have thought that it would have been this year, but hey ho

Read the bargepole advice for what to do and ensure you do so by the deadline date, not the court hearing date, the deadline date is a few weeks before

Snakes_Belly

Hello Claire,

It does seem a long time until your hearing. As you may be aware mine was rescheduled from February to May.

If you subscribe to Courtserve (free to view) you can see what cases are being heard for each day and they are busy. The DJ's have to deal with mortgage repossessions, issues with tenants, divorces, removal of children from their parents as well as money claims. I guess that these parking claims are not high priority.

The new CoP could possibly be on its way by then and could have some influence.