Asking for a friend

Coupon-mad

Why are they retaining data from over 6 years ago, past the statute of limitations?  I'd tell them you will report their DPO to the ICO for not erasing this extremely old data and for not supplying the rest.

KennyMc157

It's something to consider I suppose, but more pressing for now are these charges. I'd rather not get into a back and forth about GDPR right now. The case is currently on hold, pending debt advice, but the clock is ticking. If we go to court and they produce their pictures, etc as part of their WS, we'd have little time to respond, or prepare. I feel that ignoring their 'error' will backfire, because the obvious question would be why did we not question it? Does anyone know of any precedents on cases being dismissed due to SAR breaches or other process failures by the claimants?

Coupon-mad

No because there are none.  Judges are not interested in whether a SAR was replied to or not.

My advice included (in my last line) asking for the rest of the data.

You could also demand it under the 'pre-action protocol for debt claims' (Google it = your right to disclosure of evidence is in that protocol) not just as part of a SAR.

Either approach will get it.

Umkomaas

KennyMc157 said:

I was thinking this, but if we go to court and they produce the evidence, that would scupper that claim surely? Or are we able to use their failure to comply fully with the SAR to have the case dismissed? 

They can't 'ambush' you at court like that.  Any evidence they wish to rely on must be shared with you and the court prior to the hearing - at least 7 days prior. 

KennyMc157

Good evening - an update on this one after so long. My friend has a court date of 12/06 and has submitted her WS. Within 24 hours of receiving it DCB Legal sent her this. The WS was done by her partner and is a work of art. She is not accepting their offer - this looks like they are panicking and she would be foolish to back out now. Quick question if I may - should she respond to tell them no? Ignore them? Do we think it matters either way?

Coupon-mad

Reply and tell them she won't be paying so hurry up and discontinue. They will!

KennyMc157

Ok, thanks CM. I'll update as to the final outcome, hopefully in the not too distant future.

Umkomaas

KennyMc157 said:

Ok, thanks CM. I'll update as to the final outcome, hopefully in the not too distant future.

Prepare for inclusion in the disco thread!  

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Let us see a redacted copy of the written confirmation from DCB Legal that they've discontinued please.

KennyMc157

Didn't take them long to roll over. Just shows how lazy and cowardly these people are - the money they must make at the expense of people panicking on receiving the initial claim and coughing up, is criminal. Thank you all for your help on this and with my own a couple of years back. Very much appreciated - my friend wishes to pass on her thanks and best wishes also.

KeithP

Well done.

Can you please show us a copy of your Notice of Discontinuance as @Umkomaas is collating this information for passing to the DLUHC.

Do ensure you hide your personal detail when you show us your N279.