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

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Comments

  • Mc66
    Mc66 Posts: 8 Forumite
    How do I delete my posts? Urghh super sorry!
  • Suggii
    Suggii Posts: 110 Forumite
    Fourth Anniversary 100 Posts Combo Breaker
    Dear Sir/ Madam


    Ref: Parking Charge Notice ref: xxxxxxxx

    I refer to your letter dated xxxx.
    It is not understood how you can be disappointed when Vehicle Control Services (VCS) has failed to comply with their obligations under the Pre-Action Protocol, by not responding to both my letters dated xx xx xx; to provide information requested in my Subject Access Request and my reply to your letter before claim dated xx xx xx.
    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. Otherwise I will counter claim for breach of Data Protection Act.

    Yours Faithfully


    is this ok as it is?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Complain also to the ICO ... they've ignored your SAR thus are in breach of GDPR requirements?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes, they have broken the DPA2018 by failing to respond within 1 month

    The Invite... line makes no sense.
    If they issue a claim, then you issue a counter claim. You can also request their clai m is struck.
  • Suggii
    Suggii Posts: 110 Forumite
    Fourth Anniversary 100 Posts Combo Breaker
    Thank you nosferaru1001 andDoaM

    Shall I change the invite line to...

    If you continue to start court proceedings then I will inform the court of your failure to provide information requested and request the court your claim is struck.

    Regards
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    do the SAR by email to their DPO using the info on the VCS privacy page, not by post
  • Suggii
    Suggii Posts: 110 Forumite
    Fourth Anniversary 100 Posts Combo Breaker
    I letter bearclaw on pepipoo helped amend.
    Does it sound better?

    Ref: Parking Charge Notice ref: xxxxxxxx

    I refer to your letter dated xxxx.

    Vehicle Control Services (VCS) has failed to comply with their obligations under the Pre-Action Protocol, by not responding to both my letters dated xx xx xx; to provide information requested in my Subject Access Request and my reply to your letter before claim dated xx xx xx. This means that we have not been able to narrow the issues between us. If VCS instigate court action without providing the information requested which is xxx weeks overdue I will invite the court to strike the case for the aforementioned reasons.

    I request again the information requested in my letter of xxx (enclosed) and require an answer within seven days or a complaint to the ICO will be made without further warning.

    Yours Faithfully
  • Le_Kirk
    Le_Kirk Posts: 24,723 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I would suggest changing "not responding to both my letters" to "not responding to either of my letters"
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Suggii wrote: »
    Dear Sir/ Madam


    Ref: Parking Charge Notice ref: xxxxxxxx

    I refer to your letter dated xxxx.
    It is not understood how you can be disappointed when Vehicle Control Services (VCS) has failed to comply with their obligations under the Pre-Action Protocol, by not responding to both my letters dated xx xx xx; to provide information requested in my Subject Access Request and my reply to your letter before claim dated xx xx xx.
    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. Otherwise I will counter claim for breach of Data Protection Act.

    Yours Faithfully


    is this ok as it is?

    Perfect .... if someone tries to bite you on the bum, you bite them right back
  • Suggii
    Suggii Posts: 110 Forumite
    Fourth Anniversary 100 Posts Combo Breaker
    edited 17 December 2018 at 5:55PM
    Thank u Le_Kirk and beamerguy.

    Wil try and post this off. Should I complain to ICO now or wait 7 days?

    Regards
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