Excel Parking Services - Flipped Ticket

nosferatu1001

No
NEWBIES thread guides you in responding to LBAs

jam1991

nosferatu1001 wrote: »

No
NEWBIES thread guides you in responding to LBAs

I'm reading the Newbies thread and it talks about sending a SAR?

DO RESPOND - but DO NOT phone them, DO NOT use a template, and DO NOT use the 'reply forms'.

However the section includes this link to a template: https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

Is the above template what I should be using at this stage?

Thank you

Umkomaas

Is the above template what I should be using at this stage?

For the SAR - yes.

nosferatu1001

YEs, you send a SAR

You also respond to the LBA by stating that they have failed to send a compliant LBA in these areas...

as such you have sent them a SAR, but in addition you also require the following documents....

jam1991

nosferatu1001 wrote: »

YEs, you send a SAR

You also respond to the LBA by stating that they have failed to send a compliant LBA in these areas...

as such you have sent them a SAR, but in addition you also require the following documents....

Sorry I understand the SAR request however what is a LBA?
Do you mean I respond to Excel directly also?

Umkomaas

jam1991 wrote: »

Sorry I understand the SAR request however what is a LBA?
Do you mean I respond to Excel directly also?

Letter Before Action (aka Letter Before/Of Claim -LBC/LoC, Letter Before County Court Claim - LBCC). Acronyms are listed in the NEWBIES FAQ sticky, post #5 for future use.

Respond to whoever sent the LBA.

jam1991

Thank you so far I have the below SAR template ready to send to: dataprotection@excelparking.co.uk is this an acceptable format? Anything to add or remove?

Dear Sir or Madam,

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

[Your full name and address, any previous address/names and any other details to help identify you and the data you want.]

Please supply the data about me that I am entitled to under data protection law relating to myself.
• All photographs taken.
• A close up of the signs on the day in question.
• Evidence that you have paid a debt collector.
• All letters/emails sent and received, including any appeal correspondence earlier.
• PDT machine record from that day, of payments made.
• All data held, all evidence that you will rely on, and a full copy of the PCN, NTK.

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

I am still unsure with regards to the separate response to Excel, instead of using the 'Reply Form' paperwork. Thank you for your continued help.

The_Deep

Castle wrote: »

Has anybody else noticed that the final demand is for £160 whilst the previous letter; "Notice of intended court proceedings", was for only £100.

£160 is more than the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

Were this to get to court and they won, the judge would be unlikely to award the claimant more than £175 - £200. This would include all court fees, which the PPC have not yet incurred.

I urge you to report this grubby law firm to their regulatory body, the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

as I am sure they do not condone this conduct.

Umkomaas

I think you need to tie things down better than some of the more general points you've listed. Remember, a SAR relates to the personal data they hold about you and the VRM for your vehicle.

For each request line you list, ask yourself the question - 'would they hold personal data about me/my VRM in this context?'

For example:

A close up of the signs on the day in question.

Evidence that you have paid a debt collector.

The less wriggle-room, provided by loose questions, you give them, the more likely you will get meaningful answers, or you tee them up better for an ICO complaint.

Have a think about each question you've asked - is it too general, is it so Subject (you/VRM) non-specific, it allows them the get-out to ignore it.

Do your best to paint them into a corner.

nosferatu1001

A SAR is about personal data held by you
Nothing more

Your response to the LBA is also given in the newbies thread. You really cant ask general questions. Get somethign written
This is YOUR process for YOU to understand.