GroupNexus - County Oak Retail - Court Claim stage

KeithP

@fivestarsamz, see if you can match your case to those described here...
DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

fivestarsamz

KeithP said:

@fivestarsamz, see if you can match your case to those described here...
DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

Yes so far the sequence of events has followed what is described on the first post of that thread, apart from the phone call from DCBlegal; they went straight to the email to settle without prejudice, most probably because they don't have a mobile number to contact. Waiting for them to send the RK the discontinuation letter but still preparing the WS bundle. Has there been DCBL cases like these where they did actually go to court recently or are they just wasting people's time all the time?

Also, what I want to find out is, what is the deadline for submitting the WS bundle? I've been reading that it is supposed to be on page two of the hearing date letter, but it's not.. Unless it is the same as 29th June for the trial fees? or is it the 14 days before the hearing part at the bottom of the page?

Here is the second page of that letter: 

Fruitcake

It's the last paragraph on the back of that letter. The documents referred to are your WS plus evidence/exhibits.

Show us your draft before submitting it to your local court, and send it as near to the fourteen day before the hearing deadline as possible in the hope you get to see the PPC's WS first. Note that they will try to do the same, so don't miss the deadline.

Coupon-mad

I think the only DCBLegal ones (having been well defended on this forum) that have gone to a hearing, are multi-PCN cases.

fivestarsamz

Fruitcake said:

It's the last paragraph on the back of that letter. The documents referred to are your WS plus evidence/exhibits.

Show us your draft before submitting it to your local court, and send it as near to the fourteen day before the hearing deadline as possible in the hope you get to see the PPC's WS first. Note that they will try to do the same, so don't miss the deadline.

According to the last paragraph under bundles subheading, the deadline is actually 2 working days? Did I understand correctly?

Here are the rest of the pages: 

Page 3:


Page 4: 

Page 5:

Fruitcake

I'm not sure to what the section about bundles refers, but your deadline to submit the documents upon which you intend to rely is fourteen days before the hearing. Do not miss it.
Your WS and exhibits must go to your local court and the claimant's solicitor. Send it by email and also send a copy to yourself.
It is not unheard of for some PPCs to claim they never received something via email. If the court receives it, and you receive it, then on the balance of probabilities, the claimant received it.

Nice nails by the way. I can't stop mine form splitting.

KeithP

What's unclear about that?

fivestarsamz

Thank you! I must have read through it too fast that I misunderstood.


So RK emailed DPO of Groupnexus on 19/05/23 about giving them a week to rectify the SAR situation. (i.e RK sent them a SAR back in Nov22 but got nothing). In the email, we gave them the deadline of 25/05/23 to rectify the situation and we ask them to do the following, and i quote:
 "Take immediate action by:

1. Providing written confirmation of receiving this email, clearly acknowledging the gravity of the situation.
2. Conducting a comprehensive investigation into the status of my SAR, and promptly communicating the results of your findings.
3. Furnishing me with a complete response to my SAR within the next week, including all pertinent personal data that your organization retains.
4. Presenting a detailed explanation for the unexplained delay in processing my SAR, along with a comprehensive plan outlining steps to prevent such negligence in the future."

They replied on the 23/05/2023:

Dear Sir/Madam,

 

Thank you for your correspondence.

 

We have now validated your DSAR request and will begin processing the data as requested. You will receive this within the 30-day deadline, i.e. by 18/06/2023

 

Should you have any questions in the meantime, please don’t hesitate to come back to us.

 

Yours faithfully,

 

GroupNexus

Is it worth writing up an email telling them that I will be making a complaint to ICO and BPA as the action tasks not were done by the deadline? And then offering a settlement of £0 to prevent it? Or do I have no basis for it since they're now responding?

Fruitcake said:

Nice nails by the way. I can't stop mine form splitting.

Haha Thanks, they're not mine but I told her that. She recommends not washing the dishes

fivestarsamz

Is this okay before I send? I will send it to DPO and cc Groupnexus customer service email too?

Dear Sir/Madam,

I am writing in reference to the Subject Access Request (SAR) I submitted to your organisation on the 11/11/2022 and the subsequent response I received on 23/05/2023. I appreciate your attention to my request; however, I must express my disappointment as the response provided does not comply with the instructions and requirements stipulated under data protection laws.

It is evident that your response failed to meet the specified requirements, which includes providing me with a COMPLETE SAR response, within the given timeframe (by 25/05/2023). Only ‘beginning’ the SAR process is not enough to satisfy. This disregard for the severity and urgency of the situation, coupled with the absence of a comprehensive investigation into the status of my SAR, is highly concerning.

As a result of your organisation's non-compliance, I have no choice but to proceed with a formal complaint against your organisation to both the BPA and ICO. I must also inform you that the upcoming court case hearing scheduled for 27/07/2023 will reference this non-compliance, unless, of course, a settlement can be reached beforehand, which would mean no hearing would need to take place. It is important to note that my only settlement offer is a total sum of £0.00, and I assume you are aware of the deadline for considering this offer. If any clarification is needed, please consult your legal team accordingly.

Regards,

Fruitcake

You don't need to warn them that you intend to report them to the ICO because you already did that, and gave them a deadline with which they have already failed to comply.
Make the complaint to the BPA and ICO and add in the keeper's MP, and tell the PPC you have done it because they failed to comply by the 25th, which is far more time than they deserve since the SAR was sent over six months earlier.

As for not doing the washing up, I don't think my Lovely Cousin would agree to that. For the sake of matrimonial harmony I will continue to suffer split nails rather than the The Look!