Highview parking DCB legal court claim form

KeithP

jennywhite9 said:

I’ve just received a claim form from DCB legal Ltd on behalf of Highview parking. The issue date is 16th March 2022. Yesterday the 24th I sent the AOS via money claim online.

With a Claim Issue Date of 16th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 19th April 2022 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

jennywhite9

I have replied to nexus with information. I’ve sent images of 3 different utility bills. However they state if I don’t send all forms of Id. And proof of ownership which I don’t have, they can’t send info they have on me. See attached. 

Fruitcake

Proof of ownership is irrelevant. They have asked you for proof that you were the registered keeper, but that is not necessary or relevant for an SAR response.

Did you include a copy of the PCN or claim number with your proof of ID? If so, complain to them, and the BPA, and the ICO, and your MP.

The ICO say the PPC's cannot extend the deadline if all they are asking is further proof of ID, therefore they must respond within 30 days of your original request. This is taken direct from the ICO website, so you should quote it back in all your complaints. Note the points I have underlined.

Can we extend the time for a response?

You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary.

However, it is the ICO's view that it is unlikely to be reasonable to extend the time limit if:

it is manifestly unfounded or excessive;
an exemption applies; or
you are requesting proof of identity before considering the request."

The ICO have also said that asking for photo ID is unreasonable as they have nothing to compare it with.

The ICO website says this: To avoid personal data about one individual being sent to another,
either accidentally or as a result of deception, you need to be
satisfied that you know the identity of the requester. You can ask
for enough information to judge whether the person making the
request is the individual to whom the personal data relates (or a
person authorised to make a SAR on their behalf).
The key point is that you must be reasonable about what you ask
for. You should not request a lot more information if the identity of
the person making the request is obvious to you. This is particularly
the case when you have an ongoing relationship with the individual.

Your ongoing relationship is the original PCN and the court claim.

Fruitcake

Further to the above, you may want to remind Highview/Group Nexus that failure to respond to a SAR is now an offence under section 173(3) of the 2018DPA.

http://www.legislation.gov.uk/ukpga/2018/12/section/173/enacted

If your driving licence has your correct name and address on it, you could redact everything, except your name and address and use that.

In other words redact your photo, your date of birth, the code that gives your date of birth and initials, and anything else you don't want them to see and to which they are not entitled.

Johnersh

Actually, the 30 days does only run from the date ID was supplied, where reasonably requested. However, I do agree that the ICO guidance also states:

You can ask for enough information to judge whether the requester (or the person the request is made on behalf of) is the person that the data is about. The key point is that you must be reasonable and proportionate about what you ask for. You should not request more information if the requester’s identity is obvious to you.

If they don't know what you look like, how does photo ID assist? It is not required and in the case of a passport doesn't prove an address. 

If you have provided records which only the named person could have at the address they already have for you (Eg a utility bill) then that is sufficient to marry up the named individual with the address. 

The PPC cannot insist on completion of a form, where the law provides that a valid request may be made orally or in any format. 

They have already released one image of the vehicle. If they are concerned that releasing more would result in a DPA breach then they are already in breach for supplying the first image and will need to report themselves to the ICO.

Their response is therefore both wrong in law and incoherent. 

1505grandad

ICO - How to deal with a request for information: a step-by-step guide (for organisations)

https://ico.org.uk/for-organisations/sme-web-hub/how-to-deal-with-a-request-for-information-a-step-by-step-guide/

Step two: Know who you’re dealing with

If you’re not sure the requester is who they say they are, you must check this quickly. You can ask questions that only they would know, about reference numbers or appointment details for example. Or you can ask for ID that you can actually verify. There’s little point insisting on photo ID if you don’t know what the requester looks like – it should be proportionate.

Fruitcake

Thanks Keith. The last part about the photo ID eluded me earlier when I was looking for it on the ICO website under Individual Rights/Right of Access.

It's now in my Favourites. 

jennywhite9

Hi I’ve just done my defence. Can some one check it please?

jennywhite9

Hi what happens after DCBL have sent a copy of there questionnaire? I’ve not received one yet? 

Jenni_D

jennywhite9 said:

Hi I’ve just done my defence. 

Huh? Didn't you see this earlier post?

KeithP said:

jennywhite9 said:

I’ve just received a claim form from DCB legal Ltd on behalf of Highview parking. The issue date is 16th March 2022. Yesterday the 24th I sent the AOS via money claim online.

With a Claim Issue Date of 16th March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 19th April 2022 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Hopefully when you say "just" you actually mean "2 months ago".