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  • Kpros
    Kpros Posts: 83 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Kpros said:
    You don't need to SAR the solicitor, but you could ask them for the PDT machine logs under your rights under the pre-action protocol for debt claims.
    Hello, thank you. So I am clear, were you saying I can request this from the solicitors? I have asked PPS for it in the original SAR and have re-requested that tonight.
    Yep, read the Pre-action Protocol for debt claims (the PAP) and you will see your right to ask for the documents their client will rely on.

    Completely separate from a SAR.
    Thank you very much.

    I have read it all, I have reread it a few times and I have got as far as the SAR and then notifying the solicitors, I am still unable to find anything saying contacting the solicitor to ask for that info, just the parking company

    "
    A SAR is free. Ask for (as a minimum):
    - ALL photos taken
    - all letters/emails sent and received, including any appeal correspondence earlier
    - if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this; follow it up if they refuse).
    - all data held, all evidence they will rely on, and a full copy of the PCN, NTK
    - and a list of all PCNs outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs, not several separate claims.

    As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
    Your email tells the solicitor:
    (a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
    (b) I have sent your client a SAR
    (c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses."

    I will now email the solicitors asking for this as well. Thank you
  • Kpros
    Kpros Posts: 83 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    As I have asked the case to be placed on hold for the SAR, should I wait until this minimum timeframe lapses before contacting the solicitors?
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 9 March 2023 at 12:31PM
    Kpros said:
    As I have asked the case to be placed on hold for the SAR, should I wait until this minimum timeframe lapses before contacting the solicitors?
    You are not asking for the case to be put on hold for the SAR. As explained above, the SAR is totally separate from the PAP. The SAR is used solely to obtain any personal information the PPC holds about you, whether relating to this case or anything else, including any other outstanding PCNs you may or may not be aware of. It allows you to gather copies of any correspondence you may have missed or ignored and disposed of in the past. The information you get from the SAR will aid you later on when you have to submit your WS.

    The email to the solicitors, separate from the SAR to their client that you have informed them of, and is part of the PAP whereby, they are obliged to provide you with any evidence they intend to use against you in their claim on behalf of their client.

    Try not to confuse the two.
  • Coupon-mad
    Coupon-mad Posts: 152,081 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, read the Pre-action Protocol for debt claims (the PAP) and you will see your right to ask for the documents their client will rely on.

    Completely separate from a SAR.
    Thank you very much.
    I have read it all, I have reread it a few times and I have got as far as the SAR and then notifying the solicitors, I am still unable to find anything saying contacting the solicitor to ask for that info, just the parking company.
    I didn't suggest to read the NEWBIES thread to look for your right to request documents.

    I advised you to read the PAP, which I gave you the full name of, so you could Google ir.
    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
  • Kpros
    Kpros Posts: 83 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Thank you both. I have requested this info from the solicitors now and will be familiarising myself with the PAP 
  • Kpros
    Kpros Posts: 83 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Hi OP,

    I have also had a run in with PPS a few years ago in regards to registration numbers. BW Legal finally cancelled my "fine" a month before it went to court. I had a lot of help from this forum, ive added a link to my post. 

    In the thread you will find a link to all my paperwork including a defence and all the other paperwork you will require. 

    PPS / BW Legal Claim - Paid for parking, incorrect Vehicle Registration Number - WON - Page 10 — MoneySavingExpert Forum

    Unfortunately, they will not give in until the very last moment regardless of how well you can prove you paid.  As far as they are concerned, if the reg number is wrong then you didn't pay.  Do you have a picture of the t&c of the car park, as for mine they used ambiguous language which aided my defence.

    Have a read of my post as it will give you an idea of how this will progress and give you the templates of what you will need.

    The whole process took a few years to finally resolve but was worth it in the end.

    Good luck
    This is super useful! Thank you very much! I am so pleased to hear that you won. I will read your thread this evening and download the supporting documents. It will be interesting to hear what your "contravention" was.

    Unfortunately I did not take a photo, and this was because I didn't think I did anything wrong, but I can always drive back when in or around the area and get a photograph of it.

    Thanks again for this message, it is appreciated and I am sure will help me no end.
  • Kpros
    Kpros Posts: 83 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Hello,

    I have received the following from the parking company. Should I report them to the ICO, or just deal directly with the solicitors now? 

    There are things that they have not supplied, for example the PDT machine record, and my original appeal. 

    The solicitors have not replied or acknowledged any email that they have been sent by me.

    -

    Dear xx xxxxxxxx,

    Many thanks for the email.

    Reference your points below, you have been provided all the personal data that we hold, relating to you as a data subject within your SAR and attached documents sent to you Tuesday 7th of March.

    As stated previously, this charge progressed to our legal and debt recovery partners BW Legal. So, you must deal with them on this matter.

    BW Legal, will be able to provide any non-personal data you have requested if reasonable.

    Kind regards,

    DPO.

  • Chico_talent
    Chico_talent Posts: 70 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 16 March 2023 at 1:54PM
    When i was dealing with PPS and BW Legal, they never provided the PDT machine records no matter how many times i requested it.  I made sure i laid it out in my defence that the claimants have failed to provide me information that they are required to do by law.  I cannot remember the specific section, i think its the pre action protocol for dept but it is in my defence, if you want to look it up.

    All you can do is keep asking and making sure you let the judge know if you go to court and use it as a show that they are being unreasonable when asking for further costs against them.

    Also in your defence, put them to "proof" of the PDT records that show you did not pay for parking.  
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 16 March 2023 at 2:05PM
    Why would they provide you with PDT data? It is not YOUR data. Your SAR only requests YOUR personal data which includes anything with your name or address on it and correspondence between you and the PPC.

    If you need PDT data you will eventually get that when the claimant is required to disclose everything they are relying in court and you have mentioned it in your defence.
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