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Urgent help please VCS Claim form received

1246713

Comments

  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    From March 2017. Very small text. You'd have to be tall and with good eyesight.

    2cbuzc.jpg
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Bellaandme
    Bellaandme Posts: 69 Forumite
    Second Anniversary 10 Posts
    edited 11 September 2018 at 3:47PM
    Thanks IamEmanresu. I don't think we were wearing our heels on that day :rotfl:

    I've compiled an SAR to send to VCS. I would be grateful for any feedback anyone may have...

    Subject access request

    Please supply the data about me, as the keeper of vehicle registration mark xxxx, that I am entitled to under data protection law relating to County Court Claim No xxxxx issued on (date); including but not limited to:

    1. All original photographic images of the vehicle on (date) clearly showing the time and date that every image was taken, including images of the position of the vehicle in relation to the signage.

    2. Date and time stamped photos of signage upon which you will be relying

    3. Evidence of the driver of the vehicle

    3. A copy of the original Notice to Keeper, if issued.

    4. A copy of all correspondence sent to me

    5. Proof that VCS have standing and jurisdiction to pursue parking charges on this land

    6. Breakdown of the total amount claimed of £185

    7. Any other information on which you intend to rely

    If you need any more information from me please let me know as soon as possible. As you know, data protection law requires you to respond to a request for data within one calendar month.

    I'm not sure that point 5 should be included here? Is it more appropriate for a WS? I wanted to include it somewhere in case the land is covered under bye-laws?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Looks like a cross between a SAR and a lbcca rebuttal


    It's too late now to do another lbcca rebuttal!
  • I've already sent a LBCA rebuttal requesting a compliant letter and they did not respond (as expected).

    I would be grateful if you could advise me what information you think I should remove Quentin to make it a more appropriately worded SRA?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Bellaandme wrote: »

    I would be grateful if you could advise me what information you think I should remove Quentin to make it a more appropriately worded SRA?


    2/first 3/5/6/7 for starters!


    (You have two points number 3!)
  • Thanks Quentin. Will I have an opportunity to mention the removed points later during my defence? I've amended as follows...

    1. All original photographic images of the vehicle on (date) clearly showing the time and date that every image was taken, including images of the position of the vehicle in relation to the signage.

    2. A copy of the original Notice to Keeper, if issued.

    3. A copy of all correspondence sent to me
  • Does anyone have any comments/amendments on my SRA request above? Should I email this or post it? Many thanks
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 12 September 2018 at 12:53PM
    Bellaandme wrote: »
    Thanks Quentin. Will I have an opportunity to mention the removed points later during my defencee signage.
    They aren't defence points.

    As posted you can incorporate them into your ws

    You have had your defence written for you!

    Why do you not stick with that one??
  • Bellaandme
    Bellaandme Posts: 69 Forumite
    Second Anniversary 10 Posts
    edited 12 September 2018 at 1:17PM
    Thank you Quentin. I'm very grateful to Bargepole for his suggested defence and I fully intend to use this. I was just a little concerned (as we will most likely not be attending court) whether that defence was robust enough on its own, or if I needed to expand it to include as much as possible. If further information can be included in the WS I will just concentrate on this and submit the defence as suggested by Bargepole.

    In terms of the SAR do you think the above would be acceptable to send? Via letter or email?
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    @Bellaandme

    The defence is only the first part. You get a second bite in a few months called a Witness Statement (WS) where you use the information from the SAR to strengthen your case. You then get a third bite using something called a Skeleton Argument when you get the chance to compare your WS with theirs to show where they are wrong.

    Here is a classic win (£300 costs) from yesterday based on following the process with a claim based on dodgy signs. Very similar to yours so a similar win can be expected. Note that if you are going for the papers hearing there are no costs.

    https://forums.moneysavingexpert.com/discussion/5808924/now-received-court-claim

    Send you SAR by email and then follow up after 7 days. You've got plenty of time, These cases can take up to 6 months as the courts are chocka with all sorts of cases.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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