PCN - Letter Before Action - help

anged

Hi, I have been asked by friend to help out, I said I would try.

Friend has received Letter Before Action – Claim For Debt, from Civil Enforcement Limited dated 21/-1/20.

Friend does not have any other paperwork.

With the help of threads and links, I have prepared the following letter.

My questions are;

Does the letter have sufficient detail in it?

Are there any silly mistakes?

Do I send it just by email from friend’s email account, or just by post?

Do I ask for all correspondence in the future to be via email?

 

Thank you for any assistance.

 

My draft letter below;

 

 

Civil Enforcement Ltd

Horton House

Exchange Flags

Liverpool

L2 3PF

 

8th February 2020

 

PCN Number – xxxxxxxxxxx

 

Dear Sir or Madam

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

 

(Keepers name and address will go here)

 

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

 

I request the following details:

- all photos taken in relation to the above PCN
- all letters/emails sent and received
- a PDT machine record from that day, of payments made (VRNs can be partially redacted)
- all data held, all evidence you will rely on, and a full copy of the PCN, NTK
- and a list of all PCNs you consider are outstanding against me and/or this VRN.

I bring to your attention that any claim must be for all PCNs in one claim, not several separate claims.

As I have requested an SAR, I also require a restriction of data processing and the case should be put 'on hold'.

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

xxxxx

Redx

The SAR goes to the DPO at CEL as shown on their privacy page , from your friends email account ( if they are the defendant and data owner) , attach copies of 2 recent redacted utility bills as proof of I D under the GDPR law as well

anged

Thanks for your reply.

Friend’s partner’s name is on utility bills so not able to do the above suggestion.

Is it ok to send copy of the defendant's driving licence which shows the relevant name and address that CEL require.

If not, is it ok to just send by post without any documents from defendant?

I did read not to use 'Signed For' but no explanation as to why not?

D_P_Dance

For how much are they asking?  Have they included any unlawful amounts?  Read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Redx

The trouble with using a driving licence is that it has too much data on it , like driver number and date of birth

Post or email , defendant must provide proof of I D , under DPA rules , or it will be rejected due to lack of I D
Sending signed for to a p o box number where nobody can sign for it won't help , there is no proof of correct delivery , no matter who squiggles their signature on it , plus if they refuse to sign you only have proof of non delivery , not actual delivery to the correct people

A copy of the V5C if it's in the name of the defendant is good enough as proof of I D and doesn't give away personal details
Redact the name of the second person on a utility bill if using one , be it phone contract , bank statement or whatever
That's the point of redaction , to remove items you don't want to be seen

Email direct to the DPO is the preferred option , we don't type these instructions for nothing

anged

They are saying that the Debt Outstanding is £182
In the body of their LBA its states "The charge includes a reasonable sum to cover the charges we have incurred, and the time and resources spent in attempting to recover the debt from you".

Do I ask for a breakdown of costs for this sum in the Subject Access Request?

D_P_Dance

They are saying that the Debt Outstanding is £182

This wil include unlawful amounts, read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1

In the body of their LBA its states "The charge includes a reasonable sum to cover the charges we have incurred, and the time and resources spent in attempting to recover the debt from you"

The Supreme court decided in the case of Beavis V UKPC that these amounts were covered in the £100.  They are trying to overcharge you

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

anged

Yes I will draft letter up for the defendant to complain to MP.
Do I ask for a breakdown of costs for this sum in the Subject Access Request?

D_P_Dance

Yes, and copies of the invoices.

anged

Hi, I did email the SAR.  
I know that the email requested that the case be put on hold.  But was my friend supposed to reply on CE Ltd  'Reply Form' that they sent to tick any of the boxes.  It's now day 30 since the date of their Letter Before Action letter and we are now spooked if we have missed something?

Coupon-mad

No, it's fine. 

A SAR to CEL, asking for the photos and data held, is a decent response to a LBC with no photos attached!