PCN appeal refused

Seetek

Hi Following my SAR dated 27 Fen 19 I today received a package from Bwlewgal which hasn't answered any of my questions but provided a lot of stuff on data protection. It provides copies of letters I already have and also includes 2 letters which they are supposed to have sent dated 8 March acknowledging the SAR and saying they will reply by 4/4/19 and the second relating to my complaint.

I never received these but seem to receive all other letters and their second letter suggests I follow their complaints procedure.

However I am now confused as their Letter of Claim dated 18/2/19 states that if a response is not received by 23/3/19 they are instructed to issue a claim in County Court without further notice.

Do I await a LBCC or have I had it? Have they now begun CC action?

How do I check?

Please advise guys.

KeithP

You now sit and wait for a Claim Form to drop through your letter-box.

While waiting, you might want to read more of post #2 of the NEWBIES thread to discover exactly what to do with it when it arrives.

Seetek

Thanks will do

Coupon-mad

Or, email back and tell them you are seeking debt advice, which buys you 30 days, perfect to receive the SAR data before the claim.

Seetek

Hi again. I have received a response from my SAR which does not provide plans of signage or details of contracts with landowner as requested. (As they have provided multiple possible locations I asked for details of proof for each location.)

Moreover, they have provided an electronic copy of the PCN which is endorsed as such, however, they have altered the location to match the NTK with greater detail (but still not stating any specific road, just postcodes). The PCN would be a legal document would it not? Is this allowed?

Further the photographs of the car show no signs adjacent to the car but they state that signs mounted high on a building across the road cover this location. Is the rule for private roads different i.e. on the public highway signs must be adjacent each side of the road.

Should I inform them of these matters or leave it to the Court? Should I advise them that they have not complied with the SAR also?

Thanks in advance.

Umkomaas

I have received a response from my SAR which does not provide plans of signage or details of contracts with landowner as requested.

Should I advise them that they have not complied with the SAR also?

You’re only entitled to data held that is about you and your vehicle’s VRM. Signage and landowner contract information are outside your SAR entitlement, but you can ask for them as part of your response to a Letter Of/Before Claim, although they will be very reluctant to give you any contract detail.

Seetek

Thanks Umkomaas

does anyone have an opinion of the legal aspect of them changing details on the PCN and suggesting that it is a copy of the original?

I would have thought a Court would have a dim view of this.

Coupon-mad

Seetek wrote: »

Thanks Umkomaas

does anyone have an opinion of the legal aspect of them changing details on the PCN and suggesting that it is a copy of the original?

I would have thought a Court would have a dim view of this.

We agree.

What exactly have they changed and can you prove it with the original?

Seetek

Hi coupon-m. The car was disposed of and all junk stuffed in a bin bag. When recently checking the garage the bag was emptied and a screwed up PCN was found. This just stated a factory site as the location I.e. Honda plant Newtown.

The NTK when it arrived gave the same location but added a post code I.e. Honda plant Newtown, PE6 3DB. On checking the post code it referred to a public highway. I appealed informing them of this plus all the usual regarding signs etc and asked for clarification of the location under pofa.

They replied stating that the location on the PCN is (I.e.) Honda plant Newtown, PE6 3DB plus 9 other adjacent post codes covering a large number of locations, landowners and streets. I am supposed to know where the location was in what is a square mile of ‘Newtown’.

On receipt of the SAR response there is what is suggested to be an electronic copy of the PCN. However, this copy has the location changed from the original to that in the appeal response I.e. Honda plant PE6 3DB plus 9 other post codes.

So I now have the original PCN and a doctored copy. Should I inform them of this and ask them to discontinue action or let a court decide whether this is acceptable?

Cheers. PS all locations are fictitious.

Le_Kirk

That postcode does not exist. I live near PE6 and I can tell you there is no Honda plant anywhere near here, nor is there a place called Newtown!