Ignored SAR request.

drivingmecrayzy

Hi all
I have a claim from BWLegal on behalf of NCP. I tried to follow the advice in Newbies thread and submitted a SAR request to NCP as well as contacting BWLegal. It has now been around 50 days since the SAR request and with the exception of a response a few days after the request saying they will deal with this in the permitted time period I have not heard anything from them. I have looked online and it says they normally have 30 days to respond is this correct? I am at the point of formulating my defence and would obviously find this easier if I had this information. Could anyone suggest the next steps from here? Thank you.

Redx

It is correct , so send them a reminder and include proof of their receipt and reply giving the DPO 7 days further notice to comply or you will report NCP to the ICO

The SAR reply is of more use to you at the witness statement plus exhibits stage , not the Defence stage , but adjust your paragraphs 2 & 3 to take account of this lack of information and paperwork

In other words , many defences are submitted without the SAR reply or the paperwork therein

Umkomaas

I am at the point of formulating my defence 

When is your defence due?

Can you give us the date of issue shown on the N1 court claim form, then @KeithP will be able to give you some key dates and actions you'll need to take to keep everything on track. Deadlines are imperative and immutable. 

Fruitcake

Did you include proof of ID such as a copy of the vehicle V5C or redacted utility bills/ bank/card statements with your SAR? If not, the scammers can quite legitimately ignore a request.

drivingmecrayzy

Umkomaas said:

I am at the point of formulating my defence 

When is your defence due?

Can you give us the date of issue shown on the N1 court claim form, then @KeithP will be able to give you some key dates and actions you'll need to take to keep everything on track. Deadlines are imperative and immutable. 

Thank you for all of your responses, and sorry for the delay in replying. I attached the vehicle V5C document so I will contact them again regarding this.

The claim form was issued on 23rd March. I have since then I have completed an acknowledgement of service online.

drivingmecrayzy

Hi all, sorry one more question. I have just started putting my defence together. My wife is the registered keeper and the CF is in her name however I was driving at the time of the PCN. I am the one dealing with this, would it make more sense to state she was the driver and defend on that basis or state that she wasnt driving? Thank you.

Umkomaas

I was driving at the time of the PCN. I am the one dealing with this, would it make more sense to state she was the driver and defend on that basis or state that she wasnt driving?

You must always tell the truth, unless you want to potentially risk jail time!

If the claim is in your wife's name, it is hers to defend, you must go nowhere near trying to defend it yourself. That could tee you up for an 'unreasonable behaviour' claim by the claimant and expose you to significant costs. Yes, you can do the work on it, but everything in your wife's name, and she must attend any hearing (probably by telephone or video link rather than a physical court appearance). 

Don't complicate this. 

Redx

drivingmecrayzy said:

Umkomaas said:

I am at the point of formulating my defence 

When is your defence due?

Can you give us the date of issue shown on the N1 court claim form, then @KeithP will be able to give you some key dates and actions you'll need to take to keep everything on track. Deadlines are imperative and immutable. 

Thank you for all of your responses, and sorry for the delay in replying. I attached the vehicle V5C document so I will contact them again regarding this.

The claim form was issued on 23rd March. I have since then I have completed an acknowledgement of service online.

I hope you didn't acknowledge online , it's not yours to do so , it needed acknowledging online by your wife , not you

You are a non person in this saga , merely a back office helper , an assistant , you can help your wife , you cannot take over , you have no legal rights in this court case , we really hope that you understand this , otherwise it could cause real problems for you both !! It could be construed as unreasonable behaviour and perverting the course of justice

Was it done in your wife's name ?

What date does it say in the claim history ?


The same applies to the SAR , you cannot request it , you are not the data subject , your wife must do it , or you in her name , her email address , etc

Of course they will ignore it if the request came from you ! It must be from her

Everything is done in her name

SayNoToPCN

What date, precisely, did you complete the AOS? The MCOL HISTORY will tell you precisely

The named defendant is the only person who can defend
You can write this however the defendant submits the defence, and will appear at the hearing. You can assist and even speak for them, but they must appear - note it is highly likely to be by phone

The defendant writes that they are the keeper but were not the driver, in para 2 of the template defence

Coupon-mad

Yep, you can handle the paperwork and typing, but everything goes in her name as she is the defendant keeper.  She was not driving, so of course she says that too.

drivingmecrayzy

I completed the AOS online on 1st April.

I created a gateway I put my details as the contact correspondence but my wife is the named defendent.

However I signed the AOS in my name as it said underneath the signature section (defendent)(Defendents Legal Representitive)(Litigation Friend). So I assumed this was OK as I was helping her to complete the online paperwork. Is this not the case I am now worried I have done something wrong up to this point.