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My court defence v Captial car park control

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Comments

  • ldnpt
    ldnpt Posts: 32 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    @Coupon-mad CCPC have now sent me another claim form for the third PCN, I put in my defence that this should’ve been included. Do I defend this second claim as per newbies thread and just put in my defence that this should be included with the other or is there a different process now? Sorry if this is already posted somewhere I couldn’t find it with the search function.
  • Coupon-mad
    Coupon-mad Posts: 161,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do the same sort of full defence as before and add as the second paragraph, the usual section you find in other 'two claims' threads when you search for 'Henderson cause of action estoppel'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ldnpt
    ldnpt Posts: 32 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Just a quick update, I've no response to my SAR after 5 weeks so I sent them this email today....

    Information rights complaint
     
    I am concerned that you have not handled my personal information properly.
     
    You will be aware that on 07/04/22 I sent you a Subject Access Request under the Data Protection Act 1998. This was sent via email and was delivered to you on 07/04/2 therefore on the 07/05/22 you should have provided me with all personal data relating to me as a data subject. You have failed to comply with my Data Protection Act Subject Access Request and therefore I intend making an official complaint with the Information Commisioners Office and no doubt you will be hearing from them in due course.
     
    If you do not comply within the next 7 days I shall consider seeking a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.
  • Le_Kirk
    Le_Kirk Posts: 26,368 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I wouldn't have given them the extra time, they already know or should know how it works, they have a paid DPO which by definition makes them a professional!
  • ldnpt
    ldnpt Posts: 32 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Still no response to my SAR after the second deadline I gave them, I will complain to the ICO now any other steps I should take regarding this?
  • Umkomaas
    Umkomaas Posts: 44,416 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 May 2022 at 2:27PM
    ldnpt said:
    Still no response to my SAR after the second deadline I gave them, I will complain to the ICO now any other steps I should take regarding this?
    Definitely complain now to the ICO. I'm not sure whether Capital is a one-man outfit, especially as it used to be a one person name, t/a Capital. If so, I expect Terry will have difficulty coping with things - like SARs - that don't bring him in any money!  Too busy issuing tickets.

    Get the ICO to drag him back indoors to respond to them with his excuses!
    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.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 161,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You do have show the ICO that you clearly complained to the trader first and gave them a chance to put it right, so upload your emails with the complaint.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ldnpt
    ldnpt Posts: 32 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    They responded to my SAR now with an apology, I had already complained to ICO not sure if that was why. Nothing really contained in it that they didn't submit to POPLA. One thing that it contains is a whitelist search on my plate showing nothing for the day on two of the tickets but conveniently doesn't show the whole whitelist or a search on my make and model which would show evidence of the typo that I'm sure the concierge made, can I press them on this?
  • oldazo
    oldazo Posts: 9 Forumite
    Third Anniversary First Post
    ldnpt said:
    They responded to my SAR now with an apology, I had already complained to ICO not sure if that was why. Nothing really contained in it that they didn't submit to POPLA. One thing that it contains is a whitelist search on my plate showing nothing for the day on two of the tickets but conveniently doesn't show the whole whitelist or a search on my make and model which would show evidence of the typo that I'm sure the concierge made, can I press them on this?
    Same here. They responded to my SAR earlier today, but didn't send me any of the info requested, noting at all. They've only attached a pdf with my initial SAR request.
  • ldnpt
    ldnpt Posts: 32 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Just a quick update. Recieved both N180's today for the seperate claims, will continue as per newbies thread, but at what stage should the court consider them being rolled into one or the second shut down? Is there anything else I should do if the court doesn't do this by a certain point? 
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