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

Redx

an SAR has a 30 day response time under the GDPR rules , so thats the deadline

please read the GDPR 2018 FIGHTBACK thread by coupon_mad, as you seem to be floundering here when its not necessary


I even posted the VCS DPO contact in there weeks ago

KeithP

Suggii wrote: »

Dear sir

I am writing this email to you as VCS have failed to reply to my postal Subject Access Request letter dated xx/xx/xxxx.

Please find attached to this email my SAR letter.

Kind Regards

Do I give a time deadline for a reply. I.e. 7 days or the 1 month they claim on their website to respond by?

Add a line something like "as you have already had [nn] days to process this SAR, failure to respond within [30 - nn] days will see me sending a complaint to the Information Commissioner's Office".

Suggii

My OH recieved the court claim forms. The issue date is 07/02/2019. However, the claim court is in Northampton.
They have sent paper forms to fill. They also gave an online address to respond
https://www.moneyclaim.gov.co.uk
Is this the same as the address on the Newbies sticky for online.

VCS have not responded to either of my letters (SAR and Rebuttal) that I had sent the second time. I wanted to know what chances does my OH have of a defence without any information? He doesn’t have any pictures of the signs and also the car park has been demolished?

Redx

I can assure you that the claim court is not Northampton, you are wrong there , newbies make this basic mistake ad nauseum

the GOVERNMENT OFFICE manned by civil servants is in Northampton, and they issued the claim forms (its a business centre for court claims, not a court)

NO COURT HAS BEEN ALLOCATED YET, BUT IT WILL BE NOMINATED BY THE DEFENDANT LATER IN THIS PROCESS (so google it)

the defendant signs in on the government gateway (so yes) and does the AOS by using the reference on the right hand side of the form, following the walkthrough in that NEWBIES thread

the info from the SAR may well be needed much later in this process, for the WS + EXHIBITS stage

your OH should start with the concise defence by BARGEPOLE, and build on it, for now, once the aos has been done online


he should send another SAR by email, including a complaint that this has failed the 30 day deadline set by GDPR, reminding them to get it done asap

KeithP

Suggii wrote: »

My OH recieved the court claim forms. The issue date is 07/02/2019.

With a Claim Issue Date of 7th February, you have until Tuesday 26th February to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you have until 4pm on Tuesday 12th March 2019 to file your Defence.

That's a whole month away - but it's a short month. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Of course, everywhere I have used 'you' or 'your' I mean the Defendant.

Coupon-mad

I wanted to know what chances does my OH have of a defence without any information? He doesn’t have any pictures of the signs and also the car park has been demolished?

He simply follows what other defences say about cases where a SAR is still awaited. Very common. And bargepole's concise defence covers this sort of situation - see the 2nd post of the sticky thread, that's why 'there is so much info there, so we don't have to type it on threads one by one.

Read some defence threads about SARs still awaited (basically any NCP ones this past week would be relevant for starters) and also the NEWBIES thread post #2.

Obviously MCOL claims come from Northampton CCBC - this is normal and in the NEWBIES thread already in a post by bargepole that you need to read!

Suggii

I recieved an email from the VCS data controller. They just sent all the letters my OH recieved in post and some database information held about him. And the litigation database information held. They even hold his phone number and email maybe from my first email contact before joining MSE.
They sent all data that was recorded via phone calls. Even my letters which they didn’t respond to the first time round.
The one thing I noticed is one of the emails I sent ages ago requesting appeal rejection information to the VCS the address seem to be .........@excelparking.co.uk. (The person who recieved the email. It seemed why is excel company holding onto my information and email? Shouldnt it be VCS on the email address? A point to raise on defence?

Suggii

Below is the email reply to my SAR request.

Dear Sir

With reference to your request for a copy of your personal data held on our system in-line with GDPR legislation; please find attached a copy of the information held.

Photographic evidence and data is held on file in accordance with the Data Protection Act 2018 and is used for the sole purpose of pursuing settlement of a Parking Charge. We comply with the requirements of the Data Protection Act 2018 and the General Data Protection Regulations to uphold your rights to Privacy. Our Privacy Notice gives clear reasons for why, from where, and how we obtain and use your Personal Data, under what circumstances we may retain and share your data with third parties and for how long that data may be retained.

Please refer to: http://www.vehiclecontrolservices.co.uk and follow the links for our Privacy Notices in respect of any questions you may have and your rights in respect of your data.

The information sent is contained in a PDF document and/or zip file. It is your responsibility to ensure that you are able to both receive and open the files and to check your spam/junk folders at regular intervals, in case the attachment(s) has been filtered out by your mail server.

Yours Sincerely



Mark


They haven’t sent any signs/ images at all.

Umkomaas

If you're unhappy with the response, send a reminder SAR, clearly showing it's a reminder and list all the docs and images they hold about you and your vehicle (a VRM is classed as personal data), but don't go muddying the water asking for copies of landowner contracts, signage, whether they've paid a debt collector etc. You give them 7 days to respond, if they fail, it's a complaint to the ICO.

Coupon-mad

They haven’t sent any signs/ images at all.

That isn't personal data so they don't have to, under the DPA.

However, under the PAP for debt claims - Google it & read it - they have to supply information requested that relates to a potential claims and CERTAINLY the words on the contract/sign they contend was breached.

Press VCS under the PAP for debt claims (but NOT now via the Data Protection email).