SAR refused!

Robbishon

I intend to go to my MP. The next surgery is 1st March.

Robbishon

Hi all just a quick update as nothing has happened apart from the case being allocated to the county court and the actual parking company now using ‘park by mobile’ service now!
Came home today and recieved a letter from the Court stating that if the claimant does not pay the Court fee by such a date then the case will be thrown out...is this unusual? I thought they would have paid that fee already to even make the claim?

beamerguy

Robbishon wrote: »

Hi all just a quick update as nothing has happened apart from the case being allocated to the county court and the actual parking company now using ‘park by mobile’ service now!
Came home today and recieved a letter from the Court stating that if the claimant does not pay the Court fee by such a date then the case will be thrown out...is this unusual? I thought they would have paid that fee already to even make the claim?

Not uncommon, the legals who support the scam are incompetent at the best of times .... fingers crossed for you

Coupon-mad

Came home today and recieved a letter from the Court stating that if the claimant does not pay the Court fee by such a date then the case will be thrown out...is this unusual? I thought they would have paid that fee already to even make the claim?

Does it also set the date for the case at your local court, AND tell you the date by which YOU MUST file & serve your WS and evidence?

Robbishon

Erm...yes it does! Will be in June!

Will prepare my WS and post when done. Thank you.

twhitehousescat

I had to look twice when I saw name of company

they only joined the IPC on 11/10/2018 and one would have expected them to be on a probation and to have to do paper requests to the DVLA

https://theipc.info/aos-members/m

in fact they were only formed back in june
https://beta.companieshouse.gov.uk/company/11419730


you state that this was by ANPR , what date was the offence and what date did you recieve letter thru post

I would expect that a probationary request to the DVLA could not be got to you within 14 fays , unless they had used (illegal) alternate method of getting data

twhitehousescat

page 23 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/455973/Annex_A_-_KADOE_Fee_Paying_Contract_V4.pdf




you may want to contact the DVLA and ask WHO and when was your info asked for

as the normal electronic "AA" code is not given untill the probationary period is over


to add to this

"“Probationary Period” means the mandatory period of 26 weeks within which a minimum of 300 valid manual requests must be made by any new applicant wishing to join the KADOE Service."


so there request must have been by paper , and scrutinized by the DVLA

what date was event and what date letter thru post

Robbishon

According to the SAR
12/10/18 - date of incident
14/10/18- pcn created and validated
15/10/18- letter processed to Dvla requesting owner details.
23/10/18 - driver added and processed letter to owner.

I thank you all for it, but I’m not half as intelligent... are you saying that the way they obtained my details was illegal?

twhitehousescat

I would say it would be impossible to POST a WRITTEN request to the DVLA on SUNDAY the 14th and have the DVLA validate it on the 15th with "due diligence" (new member/manual request)

what date was letter received from them 23rd would have been Tuesday , and I would expect it to arrive later

you must have been there fist custmer

anyway , letter recieved say 25/10 , we go on to

Where a parking charge remains unpaid and the keeper has failed to identify the
driver within 28 days of the notice to keeper, you should send a notification letter to
the keeper confirming they are now liable for the charge, the amount of the charge,
the time frame for making payment and how payment should be made.

6.3 The letter should offer the keeper a minimum of a further 14 days to pay.

42 days takes us to 5th december

then there should be a letter before court , did you get one?

this would add another 28-31 days , taking use into early January

I not your initial post dated 18/02 , you had not only recieved court papers , but enough time had lapsed to write to the parking co , and to get a reply

I think there is fault at DVLA , and this company may not have followed letter before claim protocol





sou

Robbishon

“I think there is fault at DVLA , and this company may not have followed letter before claim protocol”

I didn’t think the LBC protocol/letter mattered to the courts anymore?

The fault at the DVla would be them (Dvla) giving the claimants company my details before they had passed their probationary period to establish their competence? I’m sorry I’m not clear on what the issue you have identified is?!!?

I really am fresh blood!