VCS Defence

snapdragon855

Removed section 2.4 and made the other changes. Is the document coherent and set out in an appropriate way? I can't see any obvious duplication.
Any particular order that I should make the points or does this not matter? Where possible I have created subsections for related points.

Coupon-mad

Looks good to go.

snapdragon855

Thank you everyone for the input, have just altered the order of the points to make it flow a bit better. Think all the punctuation and legal speak is being used correctly, however please highlight anything that needs amending.
If all is well, then it will be submitted tomorrow
Still waiting on the SAR - is this something to include in the Defence?

KeithP

snapdragon855 wrote: »

If all is well, then it will be submitted tomorrow
Still waiting on the SAR - is this something to include in the Defence?

You still have a week and a half before your Defence is due.

It would be a shame if the SAR response threw up something you would've liked to include in your Defence.

snapdragon855

Good point, suppose with emailing the defence instead of posting; it can be left until a little closer to the deadline.
The SAR was sent on xx/02/19 - theoretically it should be received before the Defence submission deadline. Although VCS may have tried to delay this with requests for additional information (which was already in the SAR anyway).

snapdragon855

Good evening all. Received the SAR today.

Lease company has not provided any document to the PPC apart from a letter stating the following:

We are a leasing company and it is our policy to transfer liability to the Hirer/Lessee of the vehicle.
The name and address of the Hirer/Lessee is:

This is a long term lease which commenced on xx/xx/xxxx and is due on xx/xx/xxxx. Due to the length of the lease a copy of the Lease Agreement is not required. We can confirm that the lease agreement includes an acceptance of liability for Penalty and Parking Charge Notices. Please transfer liability to the Hirer/Lessee and confirm when this has taken place.

So from what I understand, as the relevant documents were not forwarded to the Defendant with a Notice to Hirer, the PPC cannot rely on POFA? Therefore the claim is void unless they can prove the driver, which they have no evidence of?

They haven't included any photographs of signs, and no PDT data. Is this the norm, especially regarding the PDT? This forms part of the defence so who does the judge believe with regards to a PDT being purchased?

Coupon-mad

So from what I understand, as the relevant documents were not forwarded to the Defendant with a Notice to Hirer, the PPC cannot rely on POFA?

Correct, they cannot hold a hirer liable under that Act.

Therefore the claim is void unless they can prove the driver, which they have no evidence of?

The claim is not 'void' because they will try to argue that, on the balance of probabilities, the Defendant was also the driver, and some judges might be persuaded. Hence why the claim needs taking seriously and defended well from all aspects.

They haven't included any photographs of signs,

Fair enough from a SAR aspect, as it's not your 'personal data'. You will see the evidence of signage terms later, in their evidence before the hearing.

and no PDT data. Is this the norm?

No it should be included, as your VRN and your payment attributed to that car on that day, is your personal data. So email back and tell them they must provide the data from the machine that day to show your VRN or a near-miss/partial matching keyed VRN, and the payment made. Tell the the DPO must interrogate the PDT records from that site, in the hour after arriving, to find the relevant payment data.

snapdragon855

Coupon-mad wrote: »

2.4

No it should be included, as your VRN and your payment attributed to that car on that day, is your personal data. So email back and tell them they must provide the data from the machine that day to show your VRN or a near-miss/partial matching keyed VRN, and the payment made. Tell the the DPO must interrogate the PDT records from that site, in the hour after arriving, to find the relevant payment data.

Requested. They possibly do not have the data as the carpark is no longer in use and all machines/signs have been removed... :think:

Coupon-mad

Well then they have no case. It's clearly vital data to answer your defence!

snapdragon855

Coupon-mad wrote: »

Well then they have no case. It's clearly vital data to answer your defence!

How long do they have to respond to this request? 30 days from today or from the original SAR request? Defence is due in 1 week!