Court Letter from Excel Parking!!

D_P_Dance

indeed, Excel v Wilkinson is their elephant in the room.  they will struggle to get past it.

KB8809

Thank you for all replies, this is my first day off this week so not had chance to get back on here. I have received a letter of Excel this morning offering me a reduced settlement and that they will cancel court claim if I pay within 14 days. I am aware of what a subject access request is whoever advised me to just “google it” I was asking wether to email or post so I have a trail that is all I don’t need the sarcasm thanks.  

Fruitcake

Use an internet search engine of your choice and or look at the scammer's website to find their DPO's contact details, then send the SAR to them by whatever means their Contact Us details say.

Normally this would be via email. However, if you want to send it by post, or they require you to send it by post, then do so first class from a Post Office counter, and obtain the essential proof of posting.

Unless one of the regulars here has recent experience of sending an SAR to the DPO of the scammers concerned in your case, I do not believe they would know the best way to do this, hence the suggestion that you should find out the scammer's preferred methods for yourself.

KB8809

Thanks, I’ve sent an email to the address on the letter which is the same email address I have previously used to contact them to no avail. I have been through a similar process at court with a ‘scammer’ who claimed I owed £7000 and I won that case so I am quite ready to fight this one. 

davemcc

re - SAR

A quote fron the Information Commissioners Office

"What is a personal data breach?

A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This means that a breach is more than just losing personal data."

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-law-enforcement-processing/personal-data-breaches/#ib1

What it also means is that if a company tries to fine you or harass you for money and it is found to be doing so illegally (i.e. if it loses a legal case or a case that has precedent) then they can be sued for unlawful access to personal data.

Whilst on that subject, you are entitled to see evidence, such as it may be, of the breach of contract that you are supposed to have committed.

The "Pre-action protocol for debt claims" states

"4 RESPONSE BY THE DEBTOR
4.1 The debtor should use the Reply Form in Annex 1 for their response. The
debtor should request copies of any documents they wish to see and enclose
copies of any documents they consider relevant, such as details of payments
made but not taken into account in the creditor’s Letter of Claim."

If the creditor (the company seeking to impose the financial penalty) does not provide the documents then that is a black mark against them.

This is "disclosure" - The purpose of "disclosure" is to make sure that both or all parties know of all documents that have a bearing on the case.