LBC Gladstone and new generation parking management SAR issues

bluegoldie

KeithP said:

...including providing the original NTK (which at the time would have been the lease company)...

Hmmm...
I wonder if that means that the Notice to Keeper can be viewed as not being Bluegoldie's personal data?

Should we be expecting a Notice to Hirer instead?

Well either way I have no idea what they sent as I've not had a copy of it . However they do mention that 3 notices were sent, one being a few days after the alleged event so I assume that's the NTK which they have alluded to in their limited information, as being part of my information? The car wasn't technically a lease it was a salary sacrifice vehicle but the log book was not in my name; not really relevant I know. I will keep you posted as it seems either way they are pretty clueless. 

bluegoldie

They are saying 2 notices were sent;
So from this I am assuming by these dates that the NTK (to lease company) was sent on the 28/12, with the notice to hirer on 21/01. I recall this being for the full amount I.e the 100 pounds because I hadn't paid in 14 days ( how could I have if I hadn't been the registered keeper?) You can see from there that they only sent me one notice before sending it to the debt collection company on the 15/03. 

I shall keep you updated 

KeithP

But the log book not being in your name is the significant bit.

New Generation Parking Management would've sent the NtK to the Registered Keeper in the first instance. 

Redx

RK is not you , end of story, NTK goes to the lease company , as RK

you are the Hirer or Lessee, not shown on the V5C log book , named as Lessee or as Hirer by the lease company, so you get a NTH, not an NTK , H for Hirer

POFA defines the timescales, wording and requires lease docs to be issued , seems to me that the claimant failed, the SAR has not produced the NTH or the reminder either , or copies of the lease docs

no invoice (NTH) produced = no proof that you owe any money, the contract is not there, or lost, whatever, it should have arrived in the SAR reply , it didn't

bluegoldie

Redx said:

RK , not you , end of story, NTK goes to the lease company

you Hirer or Lessee, not on log book , named as Lessee or as Hirer , so you get a NTH, not an NTK , H for Hirer

POFA defines the timescales, wording and requires lease docs to be issued , seems to me that the claimant failed, the SAR has not produced the NTH or the reminder either

no invoice (NTH) produced = no proof that you owe any money, the contract is not there, or lost, whatever, it should have arrived in the SAR reply

Thank you redx, I genuinely don't remember a reminder and ultimately in their own admission from the dates provided I wasn't sent one. Also initially the debt collection vultures were not gladrags, their involvement is new! I think it was dcbl? Should I send them an sar ? 

Redx

Your choice , you can send a SAR to any or all of them to obtain documents etc , we cannot tell you if they will be useful or not , personally I cannot see how copies of debt collector letters can be useful to you , it's the Notice To Hirer that is the invoice that they say binds you to a contract !! Yet it seems they didn't send a copy

You can SAR the lease or hire company to see when your details were passed on and maybe get a copy ? Usually there is a tear off slip on the NTK PCN they were sent

NTH is the missing document with your details on it , not the NTK PCN issued to the lease company , it's an important difference with hire , lease and company vehicles

This persons local MP is writing to their parking company Claimant about SAR issues , copy them

https://forums.moneysavingexpert.com/discussion/6264025/letter-before-a-claim-next-steps#latest

bluegoldie

I will wait to see what if anything gladrags come back with! So far I have had no response to any emails besides the automated we have recieved your email! Pretty sloppy given that they would be looking to send the court claim any day now; not sure how I can file a defence for something I haven't seen? I will keep you posted, of the NTH turns up I will post it on here to be looked at

Redx

bluegoldie said:

I will wait to see what if anything gladrags come back with! So far I have had no response to any emails besides the automated we have recieved your email! Pretty sloppy given that they would be looking to send the court claim any day now; not sure how I can file a defence for something I haven't seen? I will keep you posted, of the NTH turns up I will post it on here to be looked at

Plenty of people on here post a Defence for something they haven't seen , 90% is pre written by coupon mad as her template Defence is the one used

Missing documents is easy to bring up and put the claimant to strict proof , mentioning that a SAR request failed to produce a copy of the notice to hirer PCN , the invoice plus their solicitors were informed at the LBC stage

Don't overthink this , the claimant must prove their case , including evidence 

Castle

The PPC also has to send the hirer a copy of the Notice to Keeper, (as well as the documents and Notice To Hirer), in accordance with Para 14(2)(a) of POFA2012:-

(2)The conditions are that—

(a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;

bluegoldie

Castle said:

The PPC also has to send the hirer a copy of the Notice to Keeper, (as well as the documents and Notice To Hirer), in accordance with Para 14(2)(a) of POFA2012:-

(2)The conditions are that—

(a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;

Thank you; I have so far had neither of them so I will wait and see.