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Letter of Claim from DCB Legal - PCN dated 2019

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Comments

  • Umkomaas
    Umkomaas Posts: 43,427 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I don't think it's a problem supplying your address and post code. 

    Think about it. If you'd written a letter to them you would have naturally headed it with your address and postcode. 
    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
  • Umkomaas said:
    I don't think it's a problem supplying your address and post code. 

    Think about it. If you'd written a letter to them you would have naturally headed it with your address and postcode. 
    yeah totally agree, and they already have it, so I see no harm.
    I was just wondering about it from a tactical point of view

    I have sent DCB what they ask for
    And I have replied to the UKPC SAR response, demanding a copy of all emails, both to them, and any 3rd party acting on their behalf.
  • Ask UKPC to find your emails sent from your email address.
    Response from UKPC DPO received this morning...
    "Thank you for your email.

    Please be advised that we have been unable to locate any emails from/to yourself, other than in relation to your subject access request.

    In order to assist us in locating these, please confirm the email address in which you believe you corresponded with."

    Their wording made me chuckle...."which you believe..."
    I have replied confirming the mail address I sent to, and informed them I have copies of said mails.



  • DE_612183
    DE_612183 Posts: 3,853 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    surely a SAR is not restricted to just the email address - it's anything in relation to you as an individual - the ICO says "You should make reasonable efforts to find and retrieve the requested information. If you don't think they are playing ball report them to the ICO.
  • DE_612183 said:
    surely a SAR is not restricted to just the email address - it's anything in relation to you as an individual - the ICO says "You should make reasonable efforts to find and retrieve the requested information. If you don't think they are playing ball report them to the ICO.
    Yep, agreed
    I have told them failure to provide the requested data may result in a report to the ICO
    I'll see what / if their next response is.
    But I'm leaning towards reporting, even I can see (as a lay person, with little experience in this area) that they really are inept. 
  • DE_612183
    DE_612183 Posts: 3,853 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    yes, the ICO says you should have processes in place to do this sort of thing, and you should be able to prove it.

    So, yes I'd report them anyway - at least the ICO should contact them which will annoy them to say the least.
  • anotheronewasted
    anotheronewasted Posts: 99 Forumite
    10 Posts First Anniversary Name Dropper
    edited 22 February 2023 at 11:53AM
    UKPC DPO have responded.
    Miraculously they have found the mails I have sent them. Well, all but 1.
    One mail attached will not open. 
    So this proves that UKPC have ignored my initial response(s) following receipt of letters from 3rd parties. 

    Just a waiting game now with DCB.
    Or is there anything I should / could do in the meantime

    EDIT:
    Just checked through everything again, and it seems there are actually more than 1 mail missing in their response. 
    So i think i will answer them, tell them there is still data missing, and then report to the ICO
  • DE_612183
    DE_612183 Posts: 3,853 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    report to ICO anyway.

    They should have a process in place that does not need to be managed by the person requesting the info - the fact they have missed stuff means they do not have  a robust process - the more times the ICO get notified the bigger the possible fine they may face
  • OK, so, I have spotted something that is...curious...
    The reply from UKPC DPO, includes some mails as attachments. 
    But they also look to have forwarded the mails to their appeal email address, but the date is deleted.
    At no point have I emailed appeals@ukparkingcontrol.com, as i knew this would be in effect accepting my liability.


    One attached file is called 'noname', whilst the others are named the subject of the mail i sent, with file type .eml
    So technically they have provided all mails i have sent, but only in thread form - i.e. the last mail I send contained the first mail i sent at the bottom. 
    Good or bad?
    Relevant or means jack?

    I think i will take your advice and go to the ICO, I was just wondering if i should tell UKPC I am doing this, and that i do not fully accept their SAR response, and / or how they have handled it.
  • DE_612183
    DE_612183 Posts: 3,853 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    no, why should you tell them?
    It won't benefit you 
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