Residential PCN help please - ***I WON***

The_Deep

Send it, it costs them money to reply

amateurgirl

Hello all
my defence document has been received at the court so now I’ll await the DQ. I’ve read the post on the newbies thread about the court process but can anyone help with what might be the timings e.g., how long it typically takes for the court to send out the DQ ? I’m away for a week from the middle of next week and I’m concerned that something will arrive that I’ll need to respond to while I’m away.
Thanks all.

KeithP

If you are only away for a week you have nothing to worry about. Nothing will arrive that requires your attention that quickly.

amateurgirl

Thanks KeithP, that’s put my mind at rest.

amateurgirl

Hello all
I'm starting to write my WS and have found a great example relating to a public car park (thank you Not for real) but can anyone point me in the direction of a WS relating to residential parking?
thanks all.

Le_Kirk

All Witness Statement examples are linked from the NEWBIE sticky post # 2. Also worth using the Forum Search facility (advanced) and using Witness Statement Residential as your keyword(s). Change radio button from threads to posts.

amateurgirl

Hello all.
Following up on my post #30 above, I sent off a SAR application. I've received the following response:

"We will process your request within one month from the date you verify your identity. If we consider the request to be complicated, we can extend the time for responding to your request by a further two months (i.e. three months in total). If an extension is needed, we will let you know within one month from the date that you verify your data. You may also review XXXX privacy policy online by visiting https://www.xxxx.com/Privacy-Policy or calling xxxxx.
Please note that because we require additional information from you, we are required to inform you of the following:
* The reasons why we have requested additional information from you (please see above);
* Your right to make a complaint to the Information Commissioner’s Office; and
* Your ability to seek to enforce your right of rectification through a judicial remedy"

I think it's unhelpful to the point of being obstructive (no surprise there I suppose). They seem to be asking for ID verification but aren't doing so specifically. They say they have asked for additional information from me but I've received no request for additional info. I've asked what additional info they require but they haven't responded.

Please could you advise me on this response and what my next steps should be?

Thanks all, as ever.

nosferatu1001

Extensions - highly unlikely they can EVER justify an extension, as they are the sole data controller

https://www.cms-lawnow.com/ealerts/2019/05/gdpr-bitesize-when-can-an-employer-justify-extending-the-time-limit-for-responding-to-a-dsar
ITs about employers but the same principles hold

Tell them your 30 day deadline started when they received it, and their current notice which makes NO mention of what extra information tehy need in no way extends thi time
As of writing they have X days to erespond, after which a complaint WILL be made to the ICO

amateurgirl

Thanks Nosferatu10. I don't know what I'd do without this forum and it's brilliant contributors - I'd be completely lost.
Thanks again.

The_Deep

WRT the defence, which is excellent imo, have you counterclaimed or considered doing so?. Have you read this

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

IIMO that they will try to discontinue as, AFAICS, their case is hopeless. If you counter claim they will be unable to do so, and you can ask the judge for punative costs, including your time at £19.00 an hour.

We must do all we can to try to drive these parasites out of residential car parks, they depress rents and lower resale values.