PCN from Sep '20

KeithP

ToSortPCN said:

...I've already submitted and received a response to the SAR but it didn't include a copy of what I can only assume is their actual evidence - what the sign said on the day.

A SAR is for the retrieval of personal data that they hold.
The signs are not your personal data.

But @Umkomaas told you that on 26 April 2021 at 11:50AM.

Grizebeck

KeithP said:

ToSortPCN said:

...I've already submitted and received a response to the SAR but it didn't include a copy of what I can only assume is their actual evidence - what the sign said on the day.

A SAR is for the retrieval of personal data that they hold.
The signs are not your personal data.

But @Umkomaas told you that on 26 April 2021 at 11:50AM.

And people dont read what they are told

Umkomaas

I guess I'll ignore the latest letter with forms, and wait for an actual court claim.

Nope. You need to respond to the 'Letter Before Action', but there is no need to fill in any of the forms. How to respond to a LBA is covered in the NEWBIES FAQ Announcement, second post.  This is the start of the paper trail you will now have keep as you get nearer to a court claim .... and beyond. 

Coupon-mad

Please just do what the Newbies thread says. NEVER ignore a LBC. Obviously this is a time to be robust with your response to the solicitor. 

ToSortPCN

OK, thank you all.  I'm just going for a belt and braces approach.  I've not been through anything like this before.

Thank you @Umkomaas and @Coupon-mad, good to know.  I'll respond to the letter, just without filling in the forms.  As far as I can see from the Newbies thread, it says to respond to that letter with a SAR, but since I've requested that previously in response to their earlier dummy 'Letter Before Action' should I simply respond to acknowledge receipt? 

@KeithP @Grizebeck The Newbies thread includes, "...and the results of the SAR will help, as it shows you their evidence early = easier to defend".  I only mentioned the sign as I presume that will be their evidence and I have no record of it apart from Google StreetView and couldn't reasonably get there again to take photos due to the distance involved.

Umkomaas

'Letter Before Action' should I simply respond to acknowledge receipt? 

You need to respond robustly, not just a basic acknowledgment. Doesn't the NEWBIES FAQ Announcement, second post, tell you how to do this?

ToSortPCN

Umkomaas said:

'Letter Before Action' should I simply respond to acknowledge receipt? 

You need to respond robustly, not just a basic acknowledgment. Doesn't the NEWBIES FAQ Announcement, second post, tell you how to do this?

Please forgive me and bear with me if I've misread or misunderstood, but as far as I can tell it says to respond with a SAR... quoting below...

Pre-action stage:

If you have a 'Letter of claim' or Letter Before Claim (LBC), a claim IS likely. I mean a 'real' LBC with a 30 day deadline and reply forms.

DO NOT use the 'reply forms'. You do not have to declare your finances!

This is a chance to see the PPC's hand - so send them (NOT their solicitor!) a Subject Access Request 'SAR' listing what you want to see by way of data the PPC holds about you:
.
.
.
As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor...

I have no knowledge of the legal firm they'll be using; I have only had letters from National Parking Enforcement Ltd, TNC Collections and Credit Investigation Services (UK) [the latter both trading names of Unity Property Ltd].

KeithP

...and this bit of the NEWBIES thread that you have quoted confirms what has been said more than once...


Note those two words at the end - about you.

Again, signs are not personal data.

ToSortPCN

KeithP said:

...and this bit of the NEWBIES thread that you have quoted confirms what has been said more than once...


Note those two words at the end - about you.

Again, signs are not personal data.

Yep, understood, thank you.  

I'm still unsure how I need to respond robustly at this stage unfortunately.

Coupon-mad

Just state your position robustly, deny the alleged debt and ask for what you want to see under the pre-action protocol.

I just did a split second search of the forum (which anyone can do) and I think my search words were something like:

Dear Sirs pre-action protocol signage

and that found several examples including:
https://forums.moneysavingexpert.com/discussion/comment/78149844#Comment_78149844