Claim Form received, help!

Coffee321

Hi
I’ve been reading and following this for 6months now and I believe I need a thread/help.
I received a CN from ace security services in sept ‘19, I’ve ignored everything I’ve received (NTK + 3xLBC) as per advice about Gladstones. I now have a claim form from small claims court.

The Chare notice was issued outside the apartments/office/tesco building in which I live. It shows an observed time of 16.46 and an issue time of 16.56. In this time I was loading the car for a weekend trip and buying snacks in Tesco.

I am the driver, I am writing this on behalf of the keeper (to which all of the communications are addressed). Is it too late to send SAR and restriction of data processing?
Claim was issued 22 feb 2019.

Help me please!
J

Coupon-mad

Is it too late to send SAR and restriction of data processing?

Never too late to send a SAR, so do that now. Too late for restriction of data processing, as the claim is live.

It shows an observed time of 16.46 and an issue time of 16.56.

As well as reading the NEWBIES thread post #2 and doing the AOS, look at threads about a grace period Jopson defence.

ace security services

Also known as PACE? IPC firm, subject to IPC grace periods.

Your case is the same as Jopson v Home Guard (appeal) in many respects. read the transcript in the Parking Prankster's case law page. You will see!

KeithP

Coffee321 wrote: »

I now have a claim form from small claims court.

Claim was issued 22 feb 2019.

With a Claim Issue Date of 22nd February, you have until Wednesday 13th March 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. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Wednesday 27th March 2019 to file your Defence.

That's over a month away. 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.

Coffee321

Thanks for the speed guys.

SAR done.

Does it matter if the AoS is in the post or electronic?

Yes it has IPC logo but haven’t seen pace on my letters.

Coupon-mad

You should do the AOS electronically in my view, as you immediately know you are safe and have extended the time. The NEWBIES thread shows you how, step by step.

We've heard horror stories of the multi-storeyed Northampton CCBC, which shares a building with the Council Traffic Enforcement Centre (Tec), losing posted documents. Even signed-for stuff. If you've ever worked in large admin teams/Head Offices like I have, you'd never post stuff by snail mail to such a place!

KeithP

Coffee321 wrote: »

Does it matter if the AoS is in the post or electronic?

I would suggest that, even if you have posted it, you now do it online as described in that Dropbox file.

Physical papers have a habit of not arriving, getting lost, getting misfiled, etc.

Play safe.

Coffee321

AoS done electronically.

I have an email back from data protection dept at PACE about the SAR, it reads:
“Could you please explain why you are using an email that does not appear to be yours.”

I’m not using a primary email address to talk to them and it doesn’t contain my first or last name. I don’t see how this should be an issue but i don’t want to trip up on a technicality.

Is there a fix all response to this?

Coupon-mad

Yep, how about

F off you lowlife scammers and give me my SAR.

Or!


This email address is mine, characterised by me signing my name at the bottom when communicating with it, and by virtue of me attaching my V5C as identification of myself as the data subject relating to the car. The clues are there, all you needed was to watch.

It may surprise you to learn that not all email addresses have a first/last name within them. I could write to you as parkingfirmsareconartists@hotmail, if I choose to do so.

It may further surprise you to learn that honest, circumspect people might choose to use a secondary email address, such as when having to communicate with a company that is notorious, aggressive and/or untrustworthy (for example: all parking firms).

Your delay in providing my SAR data is unacceptable. Get on with it, and make sure everything is included (case notes, emails exchanged internally, all photos, all updates on the case file) or I will report you to the ICO.

yours,

(your name)

Coffee321

Hi Guys

I’m having trouble finding the V5C, so as of now I haven’t received the SAR yet.

Received this in reply
“The problem is that no V5C was attached and your reply was not something that one would expect from a reasonable person making a SAR request. You are correct that anyone can use any email address and at the same time anyone can write a letter purporting to be someone else. I will therefore require some proof of your identity, such as a copy of your driving licence, to ensure I am dealing with the correct person.”

Any ideas?

Also the stress of this is awful.

Umkomaas

Any ideas?

Send them a copy of the original NtK or the formal court claim N1, and/or a copy of any correspondence from Gladstones to you.

If you've got such documents, you can't be anybody else but the person entitled to the SAR information. If they continue to block, keep their responses and copy them with a complaint to the ICO. In fact I'd threaten that potential action when you send them copies of the docs I've suggested above.

nosferatu1001

If they block your reaosnable request, Id send them a LBA for the damagaes caused by their breahc of the DPA.
Around £500 should do it.