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Late response to SAR - consequences

Hope i am posting this in the right place.
My question is, if I do not receive a reply to a SAR within the 30 day is that a defence against the fine and subsequent charges?
I sent a Subject Access Request to Shield Security about a parking fine I received in February 2019. My original request was made on 11 December 2020,  the company requested the PCN, which I sent on 24 December  2020. On 16th March 2021 I received an email from Gladstones containing the information from Shield Security. There was no other communication in the intervening time.  The charges are now £110 as apposed to the £169 in December 2020. The time lapse is 94 days from my original request and 82 days from me sending the PCN number.  If this affects the claim what should I say to Gladstones?
Thanks in advance 
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Comments

  • so , you have still not recieved a copy of your SAR from shield services ?

    the correct person and contact was: Data controller: 
    Shield Security Services (Yorkshire) Ltd
    Address:
    7 Earls Court
    Priory Park East
    Kingston upon Hull
    HU4 7DY
    why did a 2 bit solisitors email you stuff 


  • Umkomaas
    Umkomaas Posts: 41,920 Forumite
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    My question is, if I do not receive a reply to a SAR within the 30 day is that a defence against the fine and subsequent charges?
    Nope, you need to take it up with the ICO, not the county court Judge. 

    If this affects the claim what should I say to Gladstones?
    Do you have an actual county court claim against you?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    A breach of a differnet law has no bearing on whether you broke their contract or not, in a civil dispute. 
  • Thanks for your replys and help. 
    I sent the SAR to Shield at the address quoted. Gladstones are working for Shield to recover the charges, so I presume that is why they emailed me. 
    I do not have a County Court Claim as yet, my SAR was in response to a letter before action. 
    I did park in the wrong zone, I appealed but changed my email so didn't get the reply and hadn't changed my address on V5 so didn't hear anything from them until 18 month after.
    What action should I take, wait for CCJ or pay the fine? 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    1) Why would you wait until a court has judged you and found you owe? Thats crazy. You would of ocurse defence when you get a claim FORM, not a judgment. Use the right term!
    2) Its not a bloody fine. 

    Who here has said pay?
  • Thanks for getting back to me nosferatu1001.  Sorry I'm not using the right term.
    Not sure what you mean by 
     You would of ocurse defence when you get a claim FORM, not a judgment.
    No one has said pay but I'm not sure of what defence I have.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 25 March 2021 at 10:33AM
    Thanks for getting back to me nosferatu1001.  Sorry I'm not using the right term.
    Not sure what you mean by 
     You would of ocurse defence when you get a claim FORM, not a judgment.
    No one has said pay but I'm not sure of what defence I have.
    Then you have not read the coupon mad template defence that 98% of people are using , which includes you when a court claim pack from the CCBC in Northampton arrives

    We hope that you have updated your V5C because it is a legal requirement and can attract a real fine from the DVLA of up to £1000 , same again with your driving licence

  •  Thanks Redx. No I have not read the coupon mad template, I've had a look through the Newbies post and followed a few links but have not seen it, where is it?
    Yes I have updated my V5 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    You said CCJ
    A CCJ is a judgment meaning you have already lost
    You would defend when you get a claim, and there is a really really obvious template defence. You must start using this forum as a knowledge base and get used to sharing!
  • Le_Kirk
    Le_Kirk Posts: 22,885 Forumite
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     Thanks Redx. No I have not read the coupon mad template, I've had a look through the Newbies post and followed a few links but have not seen it, where is it?
    If you have seen the NEWBIE sticky; it is one of the announcements on the first page of the forum, then the defence template is another of the announcements very close to the NEWBIE sticky.
    You cannot just "have a look through the NEWBIE and follow a few links" you need to read it until you understand it.
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