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Letter from bw legal

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Comments

  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    Eagle eyed, Yes should have been 2018 other than that is it ok to send it.

    Thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edit your earlier post and correct all the errors please
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    edited 26 August 2018 at 4:12PM
    All done is this now ok to send
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    This is what we sent them on 20th August 2018.
    Dear BW Legal,

    I have now had a chance to look through the papers you sent me. Can you please answer and provide the following

    1. Close up pictures of the motorbike that show no permit was displayed
    2. A photo of the sign taken on the day which is readable
    3. evidence that the landowner authority required motorbikes to display permit and how, since they have no suitable or secure dashboard or windscreen
    4. evidence that motorbikes are/were not exempt from the enforcement regulations
    5. a copy of the appeal that led to the rejection letter being issued
    6. why POPLA was not offered at the time, despite the BPA AOS membership
    7. whether the Claimant is relying on - and has complied with - the POFA Schedule 4 to hold the registered keeper liable and if not, their evidence as to who parked the bike

    I look forward to your response in due course

    Today we received a letter dated 24th August 2018. It contained

    4 x 2 sided Privacy Notice
    A reply form giving us 30 days from the date of the letter 24th August 2018 to fill in and return the form.

    An income and expenditure form

    The same paperwork they sent us on August 10th 2018.

    They also sent a copy of a letter dated 6th August 2018 from bw legal to my son acknowledging receipt for a subject access request.

    1. They have provided a close up of the bike showing no permit.
    2. The sign as you can see wasn't on the wall facing the bike but on the wall around the corner.

    They have failed to answer points 3 to 7.
    I have had nothing from them in relation to those points.

    I thought the 30 days started when we submitted a request for the info they had which was 6th August, not the 24th August.

    Any help appreciated
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Why did you think it started on the 24th? You were already told it startyed on the 6th (well, 2 working days from when it was posted)

    You need to obviously reply
    Express dismay that they have refused to either supply the required documents or explain why they cannot, and you are puzled why they have sent yet another copy of their letter from X date as this obviously does not constitue a meaningul reply.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    My son requested the SAR over the phone on the 6th August 2018 that has been acknowledged. The 24th came about because that is the date on the letter we received today which contained the reply form giving us 30 days to complete and return.

    Is this an appropriate response?

    Thank you for your letter of 24th August 2018 which I received today 28th August 2018. Your letter does not constitute a meaningful reply to the request of 20th August 2018 namely you have either refused to provide the required documentation or explain why you cannot provide the information requested

    1 Close up pictures of the motorbike that show no permit was displayed
    2. A photo of the sign taken on the day which is readable
    3. evidence that the landowner authority required motorbikes to display permit and how, since they have no suitable or secure dashboard or windscreen
    4. evidence that motorbikes are/were not exempt from the enforcement regulations
    5. a copy of the appeal that led to the rejection letter being issued
    6. why POPLA was not offered at the time, despite the BPA AOS membership
    7. whether the Claimant is relying on - and has complied with - the POFA Schedule 4 to hold the registered keeper liable and if not, their evidence as to who parked the bike

    Could you please provide me with that information or explain to me why the information has not been supplied.

    The 30-day deadline which began on the 6th August 2018 When I requested all the paperwork you had regarding this matter does not stop just because you haven't performed the appropriate diligence before serving the LBA. Failure to meet these obligations will result in a complaint to the SRA.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    Or should I wait until 6th September which will be 31 days and then contact them and say that the 30 days to supply the information has
    now passed and they have failed to provide or explain why they haven't supplied the information and have not complied with the legislation that covers a subject access request and the case should now be discontinued.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'm pretty sure that them failing to answer a SAR in time is not good reason to terminate the case.

    It is however a good reason to complain to the Information Commissioner's Office about their failure to abide by the Data Protection Act 2018.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    edited 28 August 2018 at 3:20PM
    I won't be able to do that until after the 30days. Should I send post 57
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You dont do a SAR over the phone. Wheres the record of the request then?

    You have TWO DEADLINES

    1) SAR
    2) PAP for debt claims

    1) Is 30 days from 6th August
    2) is 30 days from when your response to the LBA was *received* by the firm.

    You cannot get these two mixed up.
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