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PCN - Letter Before Claim

24

Comments

  • sd1234
    sd1234 Posts: 49 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    Hi, 
    I sent a SAR to the DPO of VCS. 
    I sent an email response to VCS informing them that I had requested a SAR and that was the only way I replied to the LBC.
    When I complained to the land owner I complained to PALs of the NHS Trust, they told me that the land was actually owned by a different hospital, I complained to the PALs of that hospital as well but never heard anything back.

    I usually cycle in to work but on the odd time I had taken the car, I had parked in this same car park. But on the latest occasion I got a PCN. I obviously have never parked there since. My understanding from the NHS Trust was that we were to park wherever on the trust site and normal parking rules were not being enforced due to the pandemic. I thought this car park was part of the trust I work for. Now I find out it is actually part of a mental health hospital, still part of the NHS but not the Trust that I work for. 
  • Le_Kirk
    Le_Kirk Posts: 26,329 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    sd1234 said:
    I submitted the SAR on 7th Nov.
    Couple of days to go then!
  • Le_Kirk
    Le_Kirk Posts: 26,329 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    sd1234 said:
    Hi, 
    I sent a SAR to the DPO of VCS. 
    I sent an email response to VCS informing them that I had requested a SAR and that was the only way I replied to the LBC.
    Our usual advice is to write to VCS telling then that, whilst you deny any debt exists, you require them to put the case on hold for a minimum of 30 days, in line with the pre-action protocol for debt claims.  This gives you the additional time before you need to write your defence (if it comes to that) although data from SAR is more useful at witness statement stage.
  • sd1234
    sd1234 Posts: 49 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    OK I still never received any response back from my SAR but this morning I received a County Court Claim Form.

  • Umkomaas
    Umkomaas Posts: 44,401 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Give them 7 days to respond to your SAR, threatening them with a complaint to the ICO (and carry that through immediately after 7 days if no response), then read the NEWBIES FAQ Announcement, second post, to learn how to deal with a county court claim. 

    So that regular contributor @KeithP can provide you with a timeline that you will need to work to, please provide us with the 'Date of Issue' on the court claim form and confirm whether you have acknowledged service, and if so, on what date please. 
    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.

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    #Private Parking Firms - Killing the High Street
  • sd1234
    sd1234 Posts: 49 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    OK I will contact them by email again to give them 7 days to act on the initial SAR request. 

    The issue date on the form is 26 Jan 22, so the day of service will be 5 days later than that according to the back of the form.

    Thanks for your advice. 
  • sd1234
    sd1234 Posts: 49 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    I have not acknowledged service yet. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 29 January 2022 at 11:35AM
    sd1234 said:
    I have not acknowledged service yet. 
    Good , leave it until say Wednesday to do the AOS online , on MCOL

    Ensure that you email the DPO at VCS with the 7 days SAR chaser , ASAP , telling them about the original SAR and date submitted , because 8 weeks with no reply is appalling !

    Study a dozen recent defences in ongoing or completed court case threads , to get ideas for paragraphs 2 and 3 of your own draft Defence , then post only your adapted paragraphs below for critique ( do not post the rest of the template , because only your homework is being checked )
  • sd1234
    sd1234 Posts: 49 Forumite
    Ninth Anniversary 10 Posts Combo Breaker

    Will contact DPO of VCS today.

    AOS on Wednesday. 

    Then post my response paragraphs below.

    Thank you so much. 
  • Coupon-mad
    Coupon-mad Posts: 161,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    sd1234 said:
    OK I will contact them by email again to give them 7 days to act on the initial SAR request. 

    The issue date on the form is 26 Jan 22, so the day of service will be 5 days later than that according to the back of the form.

    Thanks for your advice. 
    Ok so you have time to read the Template Defence thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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