Letter Before Claim - VCS

q2uantum

Hi All,

This case goes back to January 2015 and all up to now has been documented on: https://forums.moneysavingexpert.com/discussion/5157520/pcn-with-an-none-completed-date-on-it&highlight=

I can not continue on that thread as it is now closed, and have tried to contact the Admins of this part of the forum but had no reply as of yet, so rather than delay I am going to have to start this new thread.

Summary from old thread:

PCN on car that was parked in Sisters work parking space that she pays for (This was "reported as happening" on a weekend when the work is closed. I had to advise VCS that I was the registered Keeper at the time, due to the fact it was a company car, so would have gone to the lease company who just pay it, and then bill the keeper back with £25 extra added on! Various communications via email/letter between myself and BWLegal including me sending them pictures of IVY covered signs and ripped signs from the day/week of the PCN, and them sending me pictures of nice new signs dated 3 months after the PCN. Main argument was that of the signage and also the the PCN and PO Statements didnt have dates on them (PCN just said /1/15 ie no day)

No communications from BWLegal since early 2018 when I asked for photos of the signage on the day of the alleged offence.

That is until last Thursday when I received a Letter Before Claim direct from VCS



From reading the Newbies Thread #2 then I know I need to send a SAR and also an email asking to put the claim on Hold whilst this is being dealt with.

This is what I am planning on sending:


REF: xx/Lit/VCxxxxxxxx


Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

Please supply the data about me that I am entitled to under data protection law relating to myself.

Details of myself are:

xxxxNAMExxxx
xxxxAddressxxxx
xxxx
xxxx
xxxx

Specifically can you supply any data you have relating to myself including:

Any data you hold for me, and all evidence that you will be relying on, including a full copy of the PCN and the NTK
All Photos taken
All letters/emails sent and received, inlcuding any appeal correspondence

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

Yours faithfully

And then the request to have the claim put on hold:

REF: XX/Lit/VCxxxxxxxx

Dear Sir or Madam,

On the xx/xx/xx I have sent your company DPO a SAR request, so I require a restriction of data processing, and also require that you put a hold on this case until the SAR has been completed.

Regards

Does the above look okay to you experts?

Any further advice at this stage?

Thanks

q2

Quentin

You need to take your image down

The ppcs monitor this forum and can use posts in your thread against you

That image contains information that will allow the PPC to identify you

Coupon-mad

Dear Jake,

RE YOUR LETTER BEFORE CLAIM

On the xx/xx/xx I have sent your company DPO a SAR request, so I require a restriction of data processing, and also require that you put a hold on this case until the SAR has been completed.

Despite my best endeavours to point out to your company that this charge is a baseless scam, at a site which relied upon broken and obscured signs on the material date (replaced only after the event), I have so far been unsuccessful in convincing you to cancel the charge and as such, I have no alternative but to defend any claim.

What Happens Next
To avoid meritless proceedings being commenced and your imaginary added costs being slapped onto a claim despite the fact they were never incurred, I request that you cancel the charge by the date specified (16 May). If you are unable to cancel the charge immediately, you may wish to telephone to discuss this matter with a member of your team who has access to the actual facts of the case.

Whilst the charge is (of course) denied - and your scare tactics about a CCJ and your use of red font has been duly noted - I am seeking debt advice. So you must now put the case on hold for at least 30 days which nicely coincides with the time during which your Data Protection person (next desk?) must have already disclosed all data held under the SAR.

I won't be downloading a Reply Form, thanks anyway, as I can write a letter without one and you have no right whatsoever to enquire about my financial data, given that there is no 'debt'.

Yours sincerely

I would say the above.

Jake Burgess is well known and we beat his company time after time, so it is rather fun to repeat their letter wording back at them and call a scam a scam.

Make sure with the SAR you attach proof of ID as the data subject (copy of V5C if the car is still owned). And if you can within the timescales, submit the SAR today and hold the other reply until the final day - 16th May.

q2uantum

Quentin wrote: »

You need to take your image down

The ppcs monitor this forum and can use posts in your thread against you

That image contains information that will allow the PPC to identify you

Images removed - Thanks - should have took out the location and the date really.

q2uantum

Coupon-mad wrote: »

I would say the above.

Jake Burgess is well known and we beat his company time after time, so it is rather fun to repeat their letter wording back at them and call a scam a scam.

Make sure with the SAR you attach proof of ID as the data subject (copy of V5C if the car is still owned). And if you can within the timescales, submit the SAR today and hold the other reply until the final day - 16th May.

Thanks Coupon-Mad - nice to see you are still around helping as you was involved with helping me get this far from 4 years ago!

Was the SAR email okay? (It was taken from a template I found). I dont have the V5C as it was a company car that went back in March 2017, any other suggests for proof of ID (or actually of what not to send etc) - wont the reference number off the letter do?

I can submit the SAR today as I have the dpo email address for VCS.

With regards the email to Jake, am I correct in presuming you mean don't email that one until 15th/16th May? and I presume I need to use the info@ email address, as there is not another on the letter or on the website that I can find.

Thanks

q2

Coupon-mad

I do mean to withhold the reply to Jake until 15th May, as I reckon this will cause you issues in getting the SAR, which I bet VCS drag their feet over:

Was the SAR email okay? (It was taken from a template I found). I dont have the V5C as it was a company car that went back in March 2017, any other suggests for proof of ID (or actually of what not to send etc) - wont the reference number off the letter do?

The reference number off a letter will NOT do for a SAR.

You need to prove that you are the rightful data subject to see data and photos of that car. Maybe you need an email from the lease firm confirming that you were the hirer/lessee of VRN xxx xxxx between {dates} and that as you appealed, you are the rightful data subject to receive data about the parking event in question.

Also use the same email as you did for the appeal, and point out to VCS that they already know this email address is for you, the original named lessee appellant.

q2uantum

Coupon-mad wrote: »

I do mean to withhold the reply to Jake until 15th May, as I reckon this will cause you issues in getting the SAR, which I bet VCS drag their feet over:

The reference number off a letter will NOT do for a SAR.

You need to prove that you are the rightful data subject to see data and photos of that car. Maybe you need an email from the lease firm confirming that you were the hirer/lessee of VRN xxx xxxx between {dates} and that as you appealed, you are the rightful data subject to receive data about the parking event in question.

Also use the same email as you did for the appeal, and point out to VCS that they already know this email address is for you, the original named lessee appellant.

Just to update you, I managed to get some documentation from our fleet manager to state I was the registered keeper of the vehicle, with its VRM on, so I have sent the SAR off with this document attached tonight, and set an Alarm for the 15th May to email off to Jake 👍

q2uantum

Hi Coupon-mad,

16 days in and nothing from the SAR request yet, I know they have 30 days to respond, but should I have received an acknowledgement of any sort from my email?

Thanks

q2

The_Deep

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

beamerguy

q2uantum wrote: »

Hi Coupon-mad,

16 days in and nothing from the SAR request yet, I know they have 30 days to respond, but should I have received an acknowledgement of any sort from my email?

Thanks

q2

You are not dealing with professional companies in this scam, that includes good manners.

If they fail to reply within 30 days, you report them to the ICO

q2uantum

Email sent to Jake today rather than tomorrow due to workload tomorrow and I didn't want to miss the date.