STILL REQUEST A SAR AFTER CCBC ISSUED?

Brenda_Mayers

@Coupon-mad MIL panicked when she got NTK and thought she could still be held liable for it if she didn't provide driver details. Think it's clear we are well out of our depth here and haven't understood the law /processes correctly. Feeling really scared now that we have taken on something that we haven't got the intelligence to see through!! Thanks 

Le_Kirk

Brenda_Mayers said:

@Coupon-mad MIL panicked when she got NTK and thought she could still be held liable for it if she didn't provide driver details. Think it's clear we are well out of our depth here and haven't understood the law /processes correctly. Feeling really scared now that we have taken on something that we haven't got the intelligence to see through!! Thanks 

Read a few of the successful threads posted in the last few days where posters have WON in court.  Search for "Another one bites the dust" and see how people feel - elated.  It's a marathon not a sprint and you can do it with the help of the regulars, so calm down, put the kettle on and do some reading.

Coupon-mad

Brenda_Mayers said:

@Coupon-mad MIL panicked when she got NTK and thought she could still be held liable for it if she didn't provide driver details. Think it's clear we are well out of our depth here and haven't understood the law /processes correctly. Feeling really scared now that we have taken on something that we haven't got the intelligence to see through!! Thanks 

You do.  The template defence and the WS example and advice in the NEWBIES thread tells you all you need.

KeithP

Before Christmas I wrote...

...you have until 4pm on Tuesday 19th January 2021 to file your Defence.
That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

Just one week left. Still plenty of time.

Redx

Brenda_Mayers said:

Yes we have received claim form from Northampton CCBC as the driver of the vehicle (RK was my mother in law so she replied with our details as the driver when the first notice came through). The other vehicle never got a pcn which was parked for the same duration and we thought there may be an argument for unfair and inconsistent charging which is why the owner of the other vehicle got proof to see if that would help us. 

nope, if you or she was caught speeding on a motorway and ten other drivers werent, it doesnt help your own case one iota

if you caught covid19 in a public park and one hundred others dont, you still have covid19 !! the last thing on your mind is why your excercise buddy didnt and you did

concentrate on your own case, not why someone else got away with it

Brenda_Mayers

Umkomaas said:

1505grandad said:

As a matter of interest can you post the date that ARDPark obtained your details from the DVLA (assuming they did) as they are no longer named in the IPC AoS list.

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge. 

Even though you email your request, the DVLA will respond via Royal Mail.

DVLA have replied to our SAR confirming that they haven't released RK details to any TP!! More confused now as RK details surely can only be obtained from the DVLA? 
The SAR reply from ArdPark only provided photos of parked car, screen shot of their spreadsheet logging vehicle times etc and their letters to us so I emailed asking for a copy of their correspondence to relevant authorities to obtain RK details. They have refused to provide this information since we are not the RK (I'm the driver). Providing a copy of their request for RK details from the authorities doesn't expose the RK details, only the reply would, so I'm confused why they are refusing to provide this info as part of our SAR request. What are your thoughts please? Thanks

Le_Kirk

But if you were sent the claim form and are defending as driver, there was no need for access to DVLA as your MIL sent them your name and address.
On 11th January 

Brenda_Mayers said:

Yes we have received claim form from Northampton CCBC as the driver of the vehicle (RK was my mother in law so she replied with our details as the driver when the first notice came through). The other vehicle never got a pcn which was parked for the same duration and we thought there may be an argument for unfair and inconsistent charging which is why the owner of the other vehicle got proof to see if that would help us. 

Brenda_Mayers

MIL only provided our details after receiving the PPN in the post so Ardpark must have got MIL details from DVLA in the first instance? 

Le_Kirk

Brenda_Mayers said:

MIL only provided our details after receiving the PPN in the post so Ardpark must have got MIL details from DVLA in the first instance? 

OK, what did you ask for in your SAR to the DVLA?  Did you ask if any PPC had requested details for the vehicle with VRM XXXXX or did you ask if any PPC had requested details for the MIL's name?  If you asked by VRM it looks like Ardpark have been naughty and should be reported.

Jenni_D

Who is the defendant in the claim? You or your MIL? (I'm assuming you but your MIL is the RK - yes?)

Is your argument regarding how they got your MIL's details as RK if they didn't get them from DVLA? i.e. they got the details unlawfully, therefore their claim against you has a wobbly foundation because your details were essentially obtained via unlawful means - they shouldn't have been able to write to your MIL in the first place as they shouldn't have been able to know who she was. Is that the summary?