Vcs letter before claim...mistake of calling VCS when receiving NTK...Help!

Suggii

Would this be sufficient as a rebuttal letter? (taken from Daniel San letter)
Also would i need to mention anything in the reply about ANPR ticket and misuse of DPA? or would that come into use later?

Suggii

Dear Sir

Ref: PCN ref xxxxxxxxxx

I am writing in reference to the recent letter before claim sent (Date) demanding for payment of the parking charge. I have explained previously through phone calls explaining the incident (date) at Albert Street car Park.

I am a private hire taxi driver, car registration (xxx xxx). On the day of the incident I was working and driving on the request of my passenger, whom wanted to be dropped off at the Albert Street Car Park, as it was easier for them to walk towards New Street Station. I have attached a journey route of the journey I had made to prove I was on duty at the said time.
However, upon leaving the car park my car broke down as it had an intermittent fault, due to this I couldn’t leave the car park as desired, the fault resolved after a short while and I left the car park.

This letter is not an appeal, it must be considered as a Subject Access Request. I would like to request for all data held and processed which is;
- All the photos taken on the day;
- All human intervention notes;
- All electronic data including automated decisions to generate letters;
- A close up of the sign on the day with the car parked/empty in the same view;
- All photos relating to this case, without holding none at all,
- Copies of the PCN and all letters sent.

This is a Subject Access Request but also an Objection to Processing and a formal request to Restrict Data Processing. As such, any litigation MUST be on hold and I will be making an Information Commissioners Office complaint for the mishandling of the Subject Access Request and Restricted Data request and misuse of my personal data evolving from; intrusive, unjustified, predatory and disproportionate collecting of photographic data of a car with a driver in it not parking at all and certainly nothing can be described as ‘reasonable cause’ to get DVLA data and demand money.

Kind regards

---

Would this be ok to send as a SAR? or should i omitt the section on what happened on the day of the incident?
i would greatly appreciate any feedback on both the rebuttal and SAR letter.

Suggii

Can anyone help me out please with the rebuttal letter and SAR above.
Your advice is very valuable and helpful.
I’m getting a bit stressed. And feel confused whether I’m on the right path.

I wanted to ask whether I need to include anything about frustration of contract in rebuttal? Or is that for defence stage?

I’m confusing myself over this.

I am forever grateful for anyone to help me on this matter.

Suggii

Just sent off the SAR and Rebuttal today via 1st class post and got proof of posting. Will update once I receive any correspondence.

Suggii

Just recieved a reply from Jake Burgess VCS. RE: intention to start court proceedings.

They have completely ignored the two letters I sent. The SAR and Rebuttal.
Are they actually not following the PAP themselves if they are not relying to my letters of request for information?

Below is what he wrote.

I am disappointed to note that we have not reached an amicable agreement in respect of our “letter before claim” despite our engagement in open correspondence. As such, in accordance with the Pre-Action Protocol (for debt claims) clause 8.2 we are giving you 14 days notice of our intention to start court proceedings.


Can anyone advise where to go from here?

Regards

beamerguy

Dear Sirs,

I refer to your letter dated ????

It is not understood how you can be disappointed when VCS has failed to provide the information requested in my SAR and reply to your Letter before claim.

I invite you to instigate court action whereby I will inform the court of your failure to provide the information and request the case is dismissed

Yours faithfully

Suggii

Thank u for that Beamerguy.

Mc66

Hi,
After receiving a LBC in August 2018, I followed advice on this forum to reply promptly. As my wife was the driver of the vehicle and on night shifts at the hospital on date of offence (she had the permit but forgot to display it), I also sent them a cover letter stating she was the driver, hoping to reset the clock. That was 31.08.18. I replied to the LBC within a week.

I have not heard from them since until today when I received a letter to state they intent to start court proceedings. I have emailed them again with the above facts. Any advice on what else I should do? Thanks so much

nosferatu1001

This is not your thread
Why have you posted in someone elses thread, hijacking it with your own case? Its the forum equivalent of shouting over someone elses conversation

Delete your post
Go read the NEWBIES thread post 2 about responding to a letter before claim

You appear to have had a LBC in august and one again now. Did this still get sent to you, ie they ignored your driver nomination?
You could let them start proceedings then point to your letter of X date, whic hof course you have the proof of posting for?! - and claim complete immunity under POFA.

Mc66

So sorry about that. Will delete the post. I received a LBC in August and then nothing until they sent me a letter intending to start court proceedings today