ELMS Legal - Letter Before Claim threating court

beamerguy

D_P_Dance said:

You need to take this seriously, these companies can ruin lives. 

They only ruin lives when the defendant is ignorant of such matters.
Now the OP is here it is more likely that VCS will be spanked.  Come on, they are using Elms and no doubt relying on a mal formed WS from Mr you know you

Fruitcake

Do the AoS on or after the 9th as advised by KeithP. Mark it on your calendar so you don't forget.
Meanwhile, get stuck into the template defence in the sticky threads and show us your amended paragraphs 2 and 3 for the regulars to check over.

When you have time,

1 Complain to VCS that they have not replied to your SAR. Warn then that if they do not reply in seven calendar days you will report them to the ICO.
2 Complain to VCS that they have shared your personal data with another company you have never heard of that is a stranger to the Bristol Airport parking contract, which is a DPA/GDPR breach, and you will be reporting them to the ICO as a result.
3 Complain to the IPC about the failure of VCS to respond to your SAR, and about the data breach.
4 Complain to Bristol Airport that you have received an unfair PCN, about the failure of VCS to respond to your SAR, and about the data breach. Point out that as VCS are employed by the airport, they (the airport) as principle are jointly liable for actions of the parking company they employed. Also point out that VCS have recently lost two court cases where they issued PCNs to motorists outside the area they have been contracted to monitor at the airport. This means that as principle, the airport are jointly liable for the two data breaches caused by the company they employed.
5 Complain to the ICO about the data breach.
6 If VCS fail to supply the data you requested in your SAR within your seven day deadline, report them to the ICO.

Do complain to your MP and copy in the MP for the airport's location. 

Look up VCS and Excel at Companies House, and quote the separate names and company numbers in your ICO complaint about the data breach. You will need to include copies of your SAR and the reply from Excel to show that your personal data has been unlawfully shared. 

Have you checked the two threads I linked you to in my earlier post? Have you checked on the map in the first link to confirm whether the car was or was not in their scam-zone?
If it is outside of either of the red lines, then that needs to go in your complaints to the airport, and your defence.

StopMakingPoorPeoplePay

Fruitcake said:

Do the AoS on or after the 9th as advised by KeithP. Mark it on your calendar so you don't forget.
Meanwhile, get stuck into the template defence in the sticky threads and show us your amended paragraphs 2 and 3 for the regulars to check over.

When you have time,

1 Complain to VCS that they have not replied to your SAR. Warn then that if they do not reply in seven calendar days you will report them to the ICO.
2 Complain to VCS that they have shared your personal data with another company you have never heard of that is a stranger to the Bristol Airport parking contract, which is a DPA/GDPR breach, and you will be reporting them to the ICO as a result.
3 Complain to the IPC about the failure of VCS to respond to your SAR, and about the data breach.
4 Complain to Bristol Airport that you have received an unfair PCN, about the failure of VCS to respond to your SAR, and about the data breach. Point out that as VCS are employed by the airport, they (the airport) as principle are jointly liable for actions of the parking company they employed. Also point out that VCS have recently lost two court cases where they issued PCNs to motorists outside the area they have been contracted to monitor at the airport. This means that as principle, the airport are jointly liable for the two data breaches caused by the company they employed.
5 Complain to the ICO about the data breach.
6 If VCS fail to supply the data you requested in your SAR within your seven day deadline, report them to the ICO.

Do complain to your MP and copy in the MP for the airport's location. 

Look up VCS and Excel at Companies House, and quote the separate names and company numbers in your ICO complaint about the data breach. You will need to include copies of your SAR and the reply from Excel to show that your personal data has been unlawfully shared. 

Have you checked the two threads I linked you to in my earlier post? Have you checked on the map in the first link to confirm whether the car was or was not in their scam-zone?
If it is outside of either of the red lines, then that needs to go in your complaints to the airport, and your defence.

I believe I was within the red lines. I am completing the AoS and next week will start filing the defence.  When you say when I have time, does that mean these complaints can be completed post filing defence?

Thanks

nosferatu1001

Yes, especially as the defence takes about 30 min 

StopMakingPoorPeoplePay

I have filed the AoS following the linked shared.  I was confused about the tick box for contesting jurisdiction but in hindsight I am wondering if that was the right thing.

KeithP

StopMakingPoorPeoplePay said:

I have filed the AoS following the linked shared.  I was confused about the tick box for contesting jurisdiction but in hindsight I am wondering if that was the right thing.

Why were you confused?

The guidance instructions you were following, or should have been following, clearly stated...

StopMakingPoorPeoplePay

KeithP said:

StopMakingPoorPeoplePay said:

I have filed the AoS following the linked shared.  I was confused about the tick box for contesting jurisdiction but in hindsight I am wondering if that was the right thing.

Why were you confused?

The guidance instructions you were following, or should have been following, clearly stated...

Because I'm dyslexic and I really struggle the reading and structure of sentences but I'm doing my best to fight the power anyway!  

Will hopefully get my defence done tonight!

StopMakingPoorPeoplePay

Below is what I've edited. Am I on the right lines? 

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.

 

3.  The Defendant did not stop to pick up/drop off in a restricted zone.  The Defendant collected passenger from the correct express parking zone.  It was dark and the terms of the signs were unclear and difficult to read, especially whilst driving.  I was being followed by a van with a camera whilst trying to find the correct parking zone. 

 

4.  There has been a data protection breach; the Defendant’s data has been shared with external company Excel responding to subject access request to VCS LTD.

StopMakingPoorPeoplePay

Is there a particular font and line spacing a defence should be printed in?

KeithP

StopMakingPoorPeoplePay said:

Is there a particular font and line spacing a defence should be printed in?

Yes.

That information is in Bargepole's 'what happens when' post linked from the second post of the NEWBIES thread.