Excel - Set aside WON & CASE WON - Excel defeated AGAIN!

milkybk

Haha as if by magic they just replied to my SAR - what a sorry attempt to claim they didn't know about it, see below:

dataprotection@excelparking.co.uk 

sent you Subject Access Request 

3 items, 39.7 MB in total ・ Expires on 23 September, 2021 

Subject Access Request Dear Sir 

RE: PCN Reference XXX 

Unfortunately for some reason we were not in receipt of your original Subject Access Request dated the 4th July 2021 mentioned in your application to set the judgment aside. We have no record of receiving your original request and therefore apologise for any delay in the attached data reaching you. Had we been in receipt of the original request we would have supplied the data within time stipulated by the ICO. 

With reference to your request for a copy of your personal data held on our system in-line with GDPR legislation; please find attached a copy of the information held. 

Photographic evidence and data is held on file in accordance with the Data Protection Act 2018 and is used for the sole purpose of pursuing settlement of a Parking Charge. We comply with the requirements of the Data Protection Act 2018 and the General Data Protection Regulations to uphold your rights to Privacy. Our Privacy Notice gives clear reasons for why, from where, and how we obtain and use your Personal Data, under what circumstances we may retain and share your data with third parties and for how long that data may be retained. 

Please refer to: http://excelparkingservices.co.uk and follow the links for our Privacy Notices in respect of any questions you may have and your rights in respect of your data. 

The information sent is contained in a PDF document and/or zip file. It is your responsibility to ensure that you are able to both receive and open the files and to check your spam/junk folders at regular intervals, in case the attachment(s) has been filtered out by your mail server. 

Yours Sincerely 

Data Protection Team 

Mark 

Mark Robinson (Legal) 

Debt & Litigation Manager 

EXCEL PARKING SERVICES LTD 

P1 Europa Link, Sheffield Business Park, Sheffield, S9 1XU 

t: +44 (0) 114 261 7111 

e: markrobinson@excelparking.co.uk 


_______________________________________________________

As for the SAR info - nothing really in there that I haven't already posted. Some clearer photos of the number plate from original alleged PCN but nothing else.

There was this, which appears to be saying they'll defend themselves now:

Nothing for ticket machine receipts etc.

Jenni_D

Had you previously received that notification? If not then they're in breach of item C that they've ticked.  

Coupon-mad

You do appear to be very well prepared and I hope you get a canny Judge who sees what Excel are trying to do and makes this easy for you. And awards your costs when you ask at the end.

milkybk

Jenni_D said:

Had you previously received that notification? If not then they're in breach of item C that they've ticked.  

No I wasn't made aware. Thank you for pointing that out!

Le_Kirk

Couple of things: -

13. Mr Burgess cites CPR 1 - I have endeavoured to deal with my case amicably and in a timely manner manor. 

As you can see in Mr Burgess's Exhibits, in my original appeal of the of the alleged parking charge I requested information to allow me to better defend myself.

They also ignored my multiple Subject Access Request's, even though they are mandated by law to provide this information. They are subject by law to provide this, as the defendant has a right of access to it. 

Isn't this the same thing in two different sentences?  Could be explained in one sentence.

milkybk

Le_Kirk said:

Couple of things: -

13. Mr Burgess cites CPR 1 - I have endeavoured to deal with my case amicably and in a timely manner manor. 

As you can see in Mr Burgess's Exhibits, in my original appeal of the of the alleged parking charge I requested information to allow me to better defend myself.

They also ignored my multiple Subject Access Request's, even though they are mandated by law to provide this information. They are subject by law to provide this, as the defendant has a right of access to it. 

Isn't this the same thing in two different sentences?  Could be explained in one sentence.

Yes good point @Le_Kirk  and I will amend them, unfortunately I have already sent in the supplementary witness statement. So the errors are there. 

Le_Kirk

milkybk said:

Le_Kirk said:

Couple of things: -

13. Mr Burgess cites CPR 1 - I have endeavoured to deal with my case amicably and in a timely manner manor. 

As you can see in Mr Burgess's Exhibits, in my original appeal of the of the alleged parking charge I requested information to allow me to better defend myself.

They also ignored my multiple Subject Access Request's, even though they are mandated by law to provide this information. They are subject by law to provide this, as the defendant has a right of access to it. 

Isn't this the same thing in two different sentences?  Could be explained in one sentence.

Le_Kirk and I will amend them, unfortunately I have already sent in the supplementary witness statement. So the errors are there. 

Not the end of the world, the gist is still there.

milkybk

Tempted to reply to them, I've drafted this but don't know if it's worth sending:

Dear Mark, 

Thank you for your email. For your information I recently sent a condensed version of all my documents to the court, as there have been many emails etc. I’ve forwarded this email to yourselves, so you can see everything. This was mainly to make Mr Burgess and Excel aware that my case relies on the whole of CPR13, which includes CPR13.2; which Mr Burgess was hoping to skip over in his Witness Statement.

Unfortunately for yourselves I have an email receipt proving the SAR was sent, which will be used in court. You also ignored the requests in my original appeal letter in 2017, therefore proving this isn’t a one off “occurrence”, rather a pattern of unlawful behaviour. This has lead to myself, the Defendant, suffering subsequent harassment and financial “blackmail”, through your abuse of the CCJ system. These are regular tactics that companies like yourselves employ against innocent people, hoping they will bend to your will.

You have failed to deliver this information within the legally required 30 days, with no mitigating circumstances allowing an extension. I shall also be bringing this to the Judges attention.  

 Your email and files also do not show some of the information I originally requested in 2017, to allow me to appeal my case further:

• A PDT machine record from that day, of payments made. Whilst you will claim VRNs can be partially redacted, I must insist on this.

Yourself and Excel have purposefully attempted to hamstring my right to a defence at every turn, I will therefore be seeking costs at my set aside hearing, which Mr Burgess of Excel has already received.

Also, you did not make me aware/send me notification of change of legal representation, even though you have claimed to in the form attached. Therefore you are in breach of item C that has been ticked on a legally binding document. This will also now be raised with the Judge, as further contempt of court. Your emails are timestamped, so please do not try to refute this.

I would therefore strongly advise that you reconsider my proposal below, before costs inevitably mount for you in this case. I will give you one last opportunity to consider the below (originally sent 06/08/202), please reply within 7 days:

 

Dear Sir/Madam,

RE: XXXX - Excel Parking Services vs XXX

I am writing to you with regards to your offer of a Consent Order, dated 30/07/2021.

I will not be accepting your offer. You have received a copy of my detailed Witness Statement and Exhibits. I believe this clearly shows that this will be a mandatory set aside, due to the Judgment having being defectively served. Therefore, CPR 13.2 applies to my case and the Judgment must be set aside.

With this in mind, I am willing to draft a Consent Order, agreeing to discontinue your claim and set aside the Judgment, with yourselves bearing all costs for both parties. Including the £255 I have paid for the N244 application.

Please note, this offer is made on a "Without Prejudice Save As To Costs" basis.

Your faithfully,
XXXX

Furthermore, if you do not desist, due to the despicable tactics Excel have used against me, I will be seeking legal action for a counter claim once this ordeal is over. (Note just for you guys and girls on here -Which I am genuinely considering doing at this point)

 Yours faithfully,

XXXX

Coupon-mad

I wouldn’t.  You’ve shown you have a very good hand.  Don’t tip them off about how they’ve failed to deal with it! Show the Judge.

Jenni_D

Ref. last sentence - it won't be a counter-claim ... it'll be a separate new claim.

And ref. the underlined bit ... I'm not sure breach is the right word, I only used it in my previous reply to convey that they'd made a false statement if they hadn't actually sent it to you. (I am not a lawyer).

Edit: I agree with C-m ^^^^^^^^