Almost Imminent Court Case pending with VCS

Loum5

Hello

Pardon my absence, I needed to de-fuzz my brain, but I hand delivered my WS to the court last Tuesday and VCS signed for their copy last Tuesday too. I put in the standard costs as recommended, and thank you for the explantation - I just genuinely didn't know what to put in!

As yet, I've had nothing from the scammers about the data breach other than the automated email acknowledgement. I did however receive an email today in response to my SAR email I sent on the 14th November - I noticed from the copy of their WS they sent within the SAR they have removed pages 6, 7 & 8 which contained the data breach, so it appears they are aware of their error! They have until the 20th December to respond before I escalate this to the ICO - which also happens to be my court date!

Not really sure what, if anything I should be looking for in the SAR - it's pretty much what I already have now, with the addition of screen shots of my computerised file. It does have my email for the SAR request.......but no copy of the email of my advising of their data breach! Any advice please?

Fruitcake

Loum5 wrote: »

Hello

Pardon my absence, I needed to de-fuzz my brain, but I hand delivered my WS to the court last Tuesday and VCS signed for their copy last Tuesday too. I put in the standard costs as recommended, and thank you for the explantation - I just genuinely didn't know what to put in!

As yet, I've had nothing from the scammers about the data breach other than the automated email acknowledgement. I did however receive an email today in response to my SAR email I sent on the 14th November - I noticed from the copy of their WS they sent within the SAR they have removed pages 6, 7 & 8 which contained the data breach, so it appears they are aware of their error! They have until the 20th December to respond before I escalate this to the ICO - which also happens to be my court date!

Not really sure what, if anything I should be looking for in the SAR - it's pretty much what I already have now, with the addition of screen shots of my computerised file. It does have my email for the SAR request.......but no copy of the email of my advising of their data breach! Any advice please?

I would suggest that is an SAR failure since the email you sent contains your personal data. However, if that email was sent after the SAR was made then it wouldn't have any, nor any other personal data after that date.
To me it is a minor thing and not worth pursuing; certainly nowhere near as damning as the actual data breach itself.

Just check the SAR response has everything you think it should. All photos of the alleged event, all PCNs/NTK/reminders, all correspondence with your name on it.

Umkomaas

Not really sure what, if anything I should be looking for in the SAR - it's pretty much what I already have now, with the addition of screen shots of my computerised file. It does have my email for the SAR request.......but no copy of the email of my advising of their data breach! Any advice please?

Why not write to them (a bit like the taxman does, not revealing what you actually know) and state that you do not believe they have sent you everything to which you are entitled. Could they recheck what they've sent, then furnish you with anything they have omitted.

Loum5

Good Afternoon,

I've just got back home from Court, not an experience I ever want to repeat! But wanted to update you of what happened.....

I arrived at 09:20 and got a really good parking space, ironically with a 2 hour max stay! But hoped I would be in and out in time, only to find there were 9 people being seen for Parking charges and I was last in line!

I was approached by the paralegal representing VCS who explained how things would work and in so many words I think he told me I had a good case! That they would be aiming to claim £100 PCN, the £60 debt collection fee (to which we both smirked at), about £18 interest and his fee of £180 (he did say that is not always awarded by the judges, that and the £60 extra cost, but would depend on the judge).

I got the impression from other people coming out that they were all winning their cases against VCS/Excel Parking due to whispers I overheard from the paralegals so was feeling positive(ish)!

I was eventually called in last at about 11:25 so was thinking it will be ironic if I end up with a Council parking ticket given the circumstances! It was a lady judge but I could not tell you her name! But she straight away asked me to explain my actions on the day - I felt really intimidated at this point and muddled my words, but explained it as in the WS and was told I should have paid for the parking. I think she was confused so I advised it wasn't a pay and display carpark, but a max stay and that VCS has incorrectly given me the PCN for returning within a no return time period.

At this point she started looking at the pictures they had supplied as evidence, and then grilled the legal rep about the inadequate signage referring him to a point within the VCS WS. She questioned him about the fact there was only one sign visible in any of the photos, and could see that I would not have driven past this, that they were high up and could not see any of the entrance, and a massive point was they were dated in February which was months before the incident so could not be sure how they were at the time this happened. I started feeling a little more at ease at this point and actually a little sorry for the rep!! And that was it - I heard the words CASE DISMISSED!! And it was all over in about 10 to 20 minutes - nothing about anything else in my WS or theirs. I asked about the costs schedule I had supplied and was swiftly slammed and was told 'you can't claim for costs in a small claims court'!! I just wanted to get out of there so said fair enough and left......and thankfully I did not get a parking ticket for my 2.5 hour stay.

So a huge thank you to all you guys that have helped me on here, I'm so glad it's done with now and could not have done it without you. I will follow up the ICO complaint as I have had no response to this and it's 1 month today since I reported to VCS.

You are legends!!

DoaM

Another One Bites The Dust.

\o/

beamerguy

Well done VCS spanked again :rotfl:

I asked about the costs schedule I had supplied and was swiftly slammed and was told 'you can't claim for costs in a small claims court

The lady judge is living on another planet ? Of course you can claim costs in a county court

You won but the judge is ignorant

Coupon-mad

You can get costs n small claims. Stupid Judge. Which court?

WELL DONE ON YOUR WIN!

Snakes_Belly

Well done on your win.

Some of the part time judges only sit for a few sessions per year as they have other jobs. It sounds as if she was not that experienced.

The_Deep

The judge has apparently misdirected herself. Take it up with the JCIO.

https://judicialconduct.judiciary.gov.uk/

Fruitcake

Well done on your win. What a shame the judge doesn't know what she is talking about with regards to costs.

How are you getting on with the data breach complaint to the DPA and SAR complaint to the ICO?