Incorrect REG ... Now QDR "Formal letter of claim"

nosferatu1001

Indeed
Please, for the love of all, read and follow exactly what has been said> no skimming, no short cuts, no nothing. this is a formal, legal process, where words have real lasting meaning.

sports12

Following up on this I've drafted the following & found it from another post on the forum. Is this sufficient for the SAR request?

<My address>


<Parking firms address>

5th February 2020

Dear Data Protection Officer

Subject Access Request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))

<My address>

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

Please can you provide the following:

• all data held
• all evidence you (<name of parking firm>) intend to use against me (to include- a copy of the contract with the landowner under which you assert authority to bring a claim against me, a copy of the alleged contract with the driver, a plan showing where the signs were displayed, details of the signs displayed).
• all letters/emails sent and received (including your correspondence with the DVLA to obtain my personal details and any appeal correspondence).
• a full copy of the parking charge notice
• all photos taken
• a list of all PCNs you consider are outstanding against me
• a close up of the signage at <location> on <date>.
• evidence you have paid a debt collector
• a PDT machine record from <date> which must show all payments made, and partially redacted VRNs, with sufficient information to protect full disclosure of other VRNs but enough letters or numbers to establish and identify if a payment was made.


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

sports12

Further more to my above post.... This is the planned email response to QDR to check if it's okay?

<My address>
<Solicitor address>



5th February 2020.


Dear sir or madam

With reference to your letter of claim dated <date> (<PCN/Ref>) in relation to Account Number <acc number>, I would like to advise you that I have sent your client <name of client> a SAR (Subject Access Request) and now I require a restriction of data processing and request that the case be put ‘on hold’.

I have attached a copy of my ‘pay & display’ ticket with regards to this appeal.

I also wish to make you aware I have spent 10 hours on this appeals case already (before court action) in handling the false parking charge, the OPS appeal, the POPLA appeal and now this reply to the LBC.

I confirm my correct ‘address for service’ below:

<my address>

Please can you confirm the above action has been taken.

Yours faithfully

KeithP

But both post #2 and post #11 both said:

...requesting a thirty day delay in the process as you are currently seeking debt advice.

No mention of 'seeking debt advice' in your draft letter. Why is that?

sports12

Hi Keith

Thanks for your response … I was following the 'Newbies Post 2 thread' which says...

"Your letter can state that you have sent their client a SAR and so you require a restriction of data processing and the case should be put 'on hold'."

Should I change this as you've said or follow the newbies thread?

for example with changes you've mentioned...

<My address>
<Solicitor address>



5th February 2020.


Dear sir or madam

With reference to your letter of claim dated <date> (<PCN/Ref>) in relation to Account Number <acc number>, I would like to advise you that I have sent your client <name of client> a SAR (Subject Access Request) and now I require a restriction of data processing and request a thirty day delay in the process as I am currently seeking debt advice.

I have attached a copy of my ‘pay & display’ ticket with regards to this appeal.

I also wish to make you aware I have spent 10 hours on this appeals case already (before court action) in handling the false parking charge, the OPS appeal, the POPLA appeal and now this reply to the LBC.

I confirm my correct ‘address for service’ below:

<my address>

Please can you confirm the above action has been taken.

Yours faithfully

should I follow this or as you've explained?

KeithP

In your SAR, I would suggest you do not offer them the excuse to delay things by asking you for more proof of identity.

Instead, enclose that proof with the SAR.

A sentence like "I enclose a copy of the vehicle's Registration Document(V5c) which clearly shows that I am entitled to this data".

sports12

Thanks Keith... Further more on what you've said are the following okay?

SAR REQUEST

<My address>


<Parking firms address>

5th February 2020

Dear Data Protection Officer

Subject Access Request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))

<My address>

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

Please can you provide the following:

• all data held
• all evidence you (<name of parking firm>) intend to use against me (to include- a copy of the contract with the landowner under which you assert authority to bring a claim against me, a copy of the alleged contract with the driver, a plan showing where the signs were displayed, details of the signs displayed).
• all letters/emails sent and received (including your correspondence with the DVLA to obtain my personal details and any appeal correspondence).
• a full copy of the parking charge notice
• all photos taken
• a list of all PCNs you consider are outstanding against me
• a close up of the signage at <location> on <date>.
• evidence you have paid a debt collector
• a PDT machine record from <date> which must show all payments made, and partially redacted VRNs, with sufficient information to protect full disclosure of other VRNs but enough letters or numbers to establish and identify if a payment was made.


I enclose a copy of the vehicle's Registration Document(V5c) which clearly shows that I am entitled to this data. 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

THEN LETTER TO SOLICITOR

<My address>
<Solicitor address>



5th February 2020.


Dear sir or madam

With reference to your letter of claim dated <date> (<PCN/Ref>) in relation to Account Number <acc number>, I would like to advise you that I have sent your client <name of client> a SAR (Subject Access Request) and now I require a restriction of data processing and request a thirty day delay in the process as I am currently seeking debt advice.

I have attached a copy of my ‘pay & display’ ticket with regards to this appeal.

I also wish to make you aware I have spent 10 hours on this appeals case already (before court action) in handling the false parking charge, the OPS appeal, the POPLA appeal and now this reply to the LBC.

I confirm my correct ‘address for service’ below:

<my address>

Please can you confirm the above action has been taken.

Yours faithfully


Would these now be okay?

Umkomaas

Please can you provide the following:

1. • all data held
2. • all evidence you (<name of parking firm>) intend to use against me (to include- a copy of the contract with the landowner under which you assert authority to bring a claim against me, a copy of the alleged contract with the driver, a plan showing where the signs were displayed, details of the signs displayed).
3. • all letters/emails sent and received (including your correspondence with the DVLA to obtain my personal details and any appeal correspondence).
4. • a full copy of the parking charge notice
5. • all photos taken
6. • a list of all PCNs you consider are outstanding against me
7. • a close up of the signage at <location> on <date>.
8. • evidence you have paid a debt collector
9. • a PDT machine record from <date> which must show all payments made, and partially redacted VRNs, with sufficient information to protect full disclosure of other VRNs but enough letters or numbers to establish and identify if a payment was made.

1. About what/who? Only data about you and your vehicle (quote VRM) is your entitlement.
2. Not a chance in a million. None of that is about you or your vehicle.
3. Should elicit something, but your phrasing is imprecise. You must nail them down with surgical precision.
4. Yep
5. Of what/whom - they take hundreds of thousands of photos a year. Think about what you're asking. Your question gives them a very valid reason to ignore this element of your SAR.
6. Yep
7. No chance, until they provide their evidence to the court.
8. No chance ..... whatsoever.
9. Unlikely - see 7 above.

sports12

Hi
Thanks for your response...

With regards to your reply this is what's confusing me ... I'm led to believe i should be following the "newbies thread 2" with regards to my reply...

This is what it states on there...

A SAR is free. Ask for (as a minimum):

- ALL photos taken
- all letters/emails sent and received, including any appeal correspondence earlier
- if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse).
- all data held, all evidence they will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs they consider are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.

One of the above to mention is

- if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse).

However, your saying this is unlikely?

Thanks

Umkomaas

The newbies thread is currently under maintenance and revision. Things change rapidly in this world of smoke, mirrors, lies and deceit. but it's impossible to update all and everything (with all their sub-dependencies) each time something morphs or moves on.

It's your case, you choose. I've given you my advice, up to you.