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County Court (VCS) Residential PCN

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  • Coupon-mad
    Coupon-mad Posts: 152,691 Forumite
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    Can I now add this poster who may need help with their ICO complaint:

    https://forums.moneysavingexpert.com/discussion/6031345/court-letter-robinhood-airport-bus-stop-pcn-help&page=2
    Is it possible for someone to help me with wording the e-mail about the breach? Or more specifically anything i can add that would give clout regarding governing bodies / information commisioner etc?

    Unfortunately im not a legal minded person so struggle to know what to reference regarding this?

    Please approach the named person who is handling your investigation and get all three looked at together, as they are showing a real pattern now...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I'd like to add to this - if it adds any weight to the complaint...

    Me and my partner both got residential 'PCN's' from VCS, which, have gone to court stage. Since, our Landlord has asked for these to be cancelled, as our tenancy agreement doesn't state anything about displaying permits. I complained to the ICO about the nature of VCS accessing our data, even though they had no right to do so. I've complained to VCS about the way my data has been handled - with no response. I'll gladly join in on any joint-complaint.
  • Coupon-mad
    Coupon-mad Posts: 152,691 Forumite
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    Just adding for the OP and the other person he/she is in touch with due to the data breach, should also read Fruitcake's post here about the KADOE and how VCS could get suspended if enough people complain to the DVLA Data Sharing Team:

    https://forums.moneysavingexpert.com/discussion/comment/76524155#Comment_76524155

    Let's pile on multiple 'data misuse' complaint pressure right now, so the DVLA and ICO can't ignore it. Post #51 shows one complaint to the DVLA already in, although Fruitcake pointed out that the OP had missed including the KADOE section D5 about the standards expected being mandatory.

    @Method_EU, glad to know you are fighting back as well (all good against any PPC) but your case would only have legs if the ICO first agree that there has been a data processing breach, and it is far from certain they will agree.

    These other cases are different, as they show beyond doubt, and MULTIPLE times in the space of mere weeks, that VCS and Excel's data processing systems are about as watertight as a sieve.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Just thought id update this thread a little. Its been quite quiet from me as Ive been working out of the country and had no access to the internet where I was - thats communism for you.

    Anywho, the ICO confirmed that "there may have been a data breach" but pointed out on every email its not for them to determine if there was or not and this must happen in a court of law.

    VCS claim they wrote to me about the breach - they didnt. The ICO said that as I had not received this letter they requested VCS send it again and as a result the ICO consider the matter closed as they are "satisfied VCS now have the correct procedures in place". I read this as they didnt have them in place before hand will use this in court too.

    Ive gone back to the ICO with further information and im awaiting a response. VCS have lied about communication to the ICO twice, or worse - sent them to an address they know for a fact is incorrect.

    Court date has since been set - confirmed in December but ive only seen the date today.

    Ive got a week or so to sort my skeletal so ill be on that tonight.
  • Redx
    Redx Posts: 38,084 Forumite
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    seems to me that the VCS DPO has not learned their lesson , despite what the ICO said

    https://forums.moneysavingexpert.com/discussion/6087935/doncaster-airport-pcn-claim-form-received
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Have you sent in your WS etc as well already?
    If not, make sure you do it by the deadline! A skellie is OPTIONAL and mostly for your benefit, un.ess you have a complex case to put across and a summary would help all sides.

    If youve already sent in a WS, see if a supplementary one with the above info -= where theyve lied to the ICO - would help? As VCS will NOT appear in court, almost certainly, you can show how if the DPO is lying t othe ICO, it shows a good chance that institutionally they are suspect and you cant trust their WS either. No WS, no evidnce, no claim.
  • Coupon-mad
    Coupon-mad Posts: 152,691 Forumite
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    You need your WS and evidence in, as nosferatu1001 says.

    Search the forum for VCS Roch Witness Statement as these are all pretty similar and you can find how to rebut their WS before it even arrives!

    Also if yours was a red card (not a PCN) on the vehicle (remind us please?) then read and copy from adambuzz14's thread and attach his court transcript as one of your exhibits.

    You also need a supplementary witness statement about the added £60, PLUS your costs schedule so search the forum to plagiarise examples of those and find the case law to append, including the CRA 2015 and Beavis case quotes x 3, and POFA para 4(5).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks,

    Yes it was the WS not the Skellie I was referring to. I contacted the local court (sheffield) to confirm a few details and asked if the relevant fees had been paid by VCS. Apparently, they were due on the 31st and the court could not confirm they had been paid. Interesting.

    Im halfway through them now, ill log on and upload tomorrow.

    Working at the far side of the world and a seperate court case (criminal witness - not civil) is making for an interesting start to 2020.
  • THX-1-1-3-8
    THX-1-1-3-8 Posts: 86 Forumite
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    edited 12 January 2020 at 12:42AM
    Aware I have not posted this yet - im currently suffering from PTSD following an incident last summer which I wont go into but as a result ive been involved in a criminal case which has zapped the life out of me the last few days.

    My WS is due to be at the court in 5 days so ive got time to adjust as necessary.

    As the ICO lies were not in my original defence statement (as the breach and the the subsequent lies by VCS had not become apparent) Im not sure how id add this into my WS?

    The WS will be done tonight in draft form or early in the morning. Would it be worth providing links to my evidence for you to review?

    Also is it VCS or there solicitor DCB Legal who I should send these documents to? The court will get them obviously....,
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
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    Would it be worth providing links to my evidence for you to review?
    Hard to answer that, depends on what it is. If it's run of the mill stuff, then we've probably seen it any number of times before, but if it's crucial evidence, then by all means let's see it for comment.
    Also is it VCS or there solicitor DCB Legal who I should send these documents to? The court will get them obviously....,
    Your Claim Form from the Northampton CCBC will tell you on whom you should serve documents:
    Address for sending documents and payments (if different).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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