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Britannia Parking Fine - County Court Notice
Comments
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Our posts crossed over again Redx.
As already stated, I had already read the legal beagles example and others, I was just seeking clarification before finalising and sending to be sure of my understanding but was confused by your response advising that the SAR shouldn't be replied upon for the defence.....as explained, I previously thought that was teh purpose of the SAR
I have already read the newbies posts and multiples of others and so have done what you continue to say I have not. It is my understanding and confidence in what I was doing that I needed help with.
Yes will add the personal details of the registered keeper and court ref etc when I actually get them to send...obviously not on here though as per muliple advice throughout the forum
Yes I already located Britannia's Data Protection Officer email from their privacy page on their website last night (as advised to do in the newbie thread)
thank you0 -
that is the purpose of a SAR, which is why we tell people to send it earlier on in the process, preferably at the LoC stage , so its back before the MCOL arrives, but in this case ASAP
the reply to the SAR may or may not help you (or the keeper), but its better to have it than not, even if its late
HOWEVER, if we assume that it doesnt come back in time, if they delay it until the 30th day, the defence will have to take this into account and plan for it by citing the inadequacies of their POC, poor details etc, not clear, by criticising everything it can and hope that the judge would insist on proper POC being filed, or better still the claim struck out due to poor POC
SO ANY AND ALL DEFENCES SHOULD CENTRE ON THE SHORTCOMINGS OF THE CLAIMANT
the SAR reply may add to this mix, but if it doesnt come in time the draft defence will have opened the door so that it can be used later in the process , when the defendant drafts their WS and adds their EXHIBITS (WS + EXHIBITS (evidence) stage) - a few weeks before the court hearing, so by the dates given by the local court of the defendant
the BARGEPOLE posts tell you this timeline of events, he posted it over 2.5 years ago and its still valid0 -
Thank you for your confirmation. Yes some of the letter was copied and pasted from the legal beagles example as suggested and some of it I added to myself. Apologies for the spelling mistakes, I have been staring at a computer screen for near on 24 hours now and am a little tired.
Thank you0 -
the thing about sending the SAR is also to concentrate their minds on what they will reveal in their faulty and irregular processes, they may find it contravenes the BPA CoP or the GDPR or some law or other, so they may decide not to reveal the data and to cancel the MCOL (discontinue) and to delete the data as well, thereby hiding their failures and witholding proof of their failures so they dont expose themselves to a GDPR claim or being sanctioned by the BPA
it may well be they are tidying up their processes knowing that the government will be introducing a new law and a Code Of Practice later this year
these PDT errors are just one aspect, but if they were fined by the ICO for GDPR failures they would suffer financially, so giving you that data could expose themselves to a claim or sanctions
this seems to me to be why they are cancelling certain PDT error court claims at the moment
assuming this does not happen, you will have all their data now and not in a few months time, that GDPR law comes in very handy to make them lay their cards on the table much sooner in the process0 -
Further to submission of the SAR, for information please find auto reply received below:
Dear Sir/Madam,
We have received your Subject Access Request, under ICO guidelines we have one calendar month to respond.
Please be aware we will send a copy of all personal data we hold only. If you have made a request for any additional information which does not qualify as personal data, please see below.
YOU’RE REQUEST FOR ADDITIONAL INFORMATION
Landowner agreement - You are not entitled to business sensitive information, it will only be supplied at court, as evidence and not before.
Contract with the driver - The contract is on the signage in the car park. A copy of the signage will be provided as evidence at court.
Machine reports - You are not entitled to transactions which do not relate to you, you will be provided with your transaction only. We are under no obligation to provide you with anything further.
Picture packs - A copy of the signage will be provided as evidence at court.
Your SAR request is free, however please be aware we are able to charge for additional copies and any requests for information which does not qualify as personal data. ICO guidelines advise we are able to charge a reasonable administration fee, which is £10.
Please send a cheque payable to Britannia Parking to the following address: Data Protection Officer, County Gates House, 7th Floor, 300 Poole Road, Poole, BH12 1AZ.
Include a list of the additional information you require and the PCN number/s. Once the cheque has cleared we will action your request. We will only send additional information which is not business sensitive.
Please refer to the ICO website for further information: https://ico.org.uk/your-data-matters/your-right-of-access/
If you do not wish to pay £10, we are under no obligation to provide you with the information, your only options is to wait until this matter progresses to court, when it will be adduced as evidence.
Once you are in receipt of your SAR, all additional correspondence regarding the request for additional information will not be responded to, unless payment of £10 is received.
Regards
Data Protection Team
Britannia Parking0 -
Yes we see this on every Britannia thread.
That's why we suggest you read at least twenty Britannia defence threads like yours, even if you take a week to do that, it's fine.
You will see what to do and would have been fully clued-up and expecting this auto-response, and wouldn't need to post it here. It is merely an auto-response - it's nothing.
I do understand your mindset, believe me, and I sometimes have to push people to do what needs to be done here. You did the SAR - so good stuff!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 THREAD0 -
Yes as per my post, appreciate it is an auto response. Posted here for completeness.
As you have said, reading other posts helps and as I have searched through numerous posts but failed to find one I thought sounded like the one I am dealing with, perhaps it might help the next person to not get as anxious and upset as I have been trawling through legal jargon they don't understand against the clock.
As you say, SAR finally submitted by defendant so on to the next stage now.
After being awake for practically 24hrs I am going to get some sleep now. Thank you and goodnight.0
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