UKPC / DCBL Letter

patient_dream

Jenni_D said:

Ignore the contract angle ... you're not entitled to it under a SAR anyway as it is not data pertaining to you.

The contract comes later should this proceed to a court claim, as you'd put them to strict proof that they had a contractual right to operate on that land, and to enter into contracts with motorists - and that said contract allows them to pursue alleged contractual debts via the courts.

You cannot ignore the contract angle ....... you don't know what it says

We know they will refuse and if produced in court  a judge will probably skim read it.

The last UKPC contract I saw made no mention of taking people to court

LewisN2

patient_dream said:

Jenni_D said:

Ignore the contract angle ... you're not entitled to it under a SAR anyway as it is not data pertaining to you.

The contract comes later should this proceed to a court claim, as you'd put them to strict proof that they had a contractual right to operate on that land, and to enter into contracts with motorists - and that said contract allows them to pursue alleged contractual debts via the courts.

You cannot ignore the contract angle ....... you don't know what it says

i think they meant it in a sense they its not applicable to the SAR but will be useful later during the court phase but im not certain about that.

LewisN2

are you guys happy with the SAR form as is on the previous page? - i am new to this type of thing so will appreciate the proof read, thanks 

patient_dream

LewisN2 said:

patient_dream said:

Jenni_D said:

Ignore the contract angle ... you're not entitled to it under a SAR anyway as it is not data pertaining to you.

The contract comes later should this proceed to a court claim, as you'd put them to strict proof that they had a contractual right to operate on that land, and to enter into contracts with motorists - and that said contract allows them to pursue alleged contractual debts via the courts.

You cannot ignore the contract angle ....... you don't know what it says

i think they meant it in a sense they its not applicable to the SAR but will be useful later during the court phase but im not certain about that.

The SAR is all about your personal info.  The personal info they got from the DVLA is subect to what they are allowed to do.  I know they will not provide a copy of the contract and that is a browie point for you

I trust you aware of the UKPC history

http://parking-prankster.blogspot.com/2018/04/ukpc-banned-by-dvla.html

LewisN2

i have sent the SAR form off following the template on newbies thread - to the DPO at UKPC

i will also reply to the letter of claim form in a week or so to buy some extra time (i have 30 days from the date on Letter of claim) - i will also say that i need 30 days for legal advice as this is an option on the form and buys some further time. 

i will be disputing the case and arguing some of my points with regards to signage and hope they stop it there and do not proceed with a court claim.

by time they recieve my response + 30 days legal advice period is over, i should have my SAR back to start working on a defence in the event they do proceed with a court claim.

i will keep you all posted, once again many thanks to everyone for the help.

KeithP

Don't wait for a response to your SAR before starting on your Defence.
Most of the information returned from a SAR is going to be more useful at Witness Statement time.

LewisN2

KeithP said:

Don't wait for a response to your SAR before starting on your Defence.
Most of the information returned from a SAR is going to be more useful at Witness Statement time.

i am going to dispute the letter of claim first and hope that they do not proceed with the court claim due to the inadequate signage.

i havent even recieved a court claim yet so there is no defence to work on. in the event that they do proceed and file a county court claim then i would have had my SAR and can work from the complete story and therefore defence 

Coupon-mad

 You need to stop talking about filling in a reply form.  You know from the NEWBIES thread not to do that.

And it grates with pedants like us to keep reading 'curb' (US spelling).  'Kerb' is the right spelling and IMHO ''curb' will certainly grate with a Judge, so your defence needs to be on point when you get to that stage.  You have a good case about an unmarked kerb that they subsequently marked with better signs and lines so they know it was badly marked.

LewisN2

Coupon-mad said:

 You need to stop talking about filling in a reply form.  You know from the NEWBIES thread not to do that.

And it grates with pedants like us to keep reading 'curb' (US spelling).  'Kerb' is the right spelling and IMHO ''curb' will certainly grate with a Judge, so your defence needs to be on point when you get to that stage.  You have a good case about an unmarked kerb that they subsequently marked with better signs and lines so they know it was badly marked.

Why is the reason not to do that? The national debt advice page highlights its very important to reply to it even if it is just to dispute it and say I need 30 days for legal advice 

Coupon-mad

I didn't say don't reply.

The NEWBIES thread already says how to reply and NEVER to fill in the reply forms.  And it says exactly what the National Debtline says.

And you don't have a debt.