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You of course dispute it within the date
You send them a restriction of processing notice, to state they must not process your data for the purposes of initiating a claim UNTIL the SAR has been responded to AND you have been given time to deal with the data returned
They have NO pressing need to process your data more urgently than that, as the limtiations act of 6 years is nowehre close to being up. TO say otherwise is misleading a consumer, for which a complaint will be made to their trade body and to the ICO.0 -
That is a correct LBC so, as advised, you should respond/rebut within the timescale.0
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Could someone have a check over the rebut to the LBC, I've read through various posts and letters and built up a version that suits my situation. Any edits/suggestions obviously welcome.
My address
Date
Their address
Ref No. xxxxxxxx
Dear Sir/Madam,
I am in receipt of your Letter Before Claim, dated xx/xx/xx.
Your letter contains insufficient detail of the claim and fails to provide copies of evidence you’re presumably relying upon. As such I ask you to provide further information as detailed below, before I can decide how to proceed.
[STRIKE]As of 1st October 2017 a new protocol has been applicable to debt claims, known as the Pre-Action Protocol for Debt Claims. I presume that Vehicle Control Services Ltd (hereafter VCS), is aware of this. Since court proceedings have not yet been issued, this new protocol clearly applies and must therefore be complied with, by all parties. [/STRIKE]
Your Letter Before Claim lacks specificity, and as such I believe it breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all the currently outstanding documents and information that the protocol now requires you to provide. You must not issue proceedings without complying with that protocol. I reserve the right to inform the court of any failure to comply with the protocol, and furthermore to ask the court to stay the claim and order you to comply with its pre-action obligations.
As you must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. The objectives of pre-action conduct and protocols are to assist parties in: understanding the claim and their respective positions in relation to it; to make decisions about how to proceed; to try to settle the issues without court proceedings; to consider a form of Alternative Dispute Resolution to assist with settlement; to support the efficient management of those proceedings; and to reduce the costs of resolving the dispute. I therefore find it wholly inappropriate that a firm can justify sending a consumer (myself) a vague and unevidenced 'Letter Before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.
Nobody is immune from the requirements and obligations of the Pre-Action Protocol for Debt Claims. As such, I require VCS to comply with its obligations by sending me the following information/documents:
1. An explanation of the cause of action.
2. The evidence that confirms that I was, as you claim, the driver at the time of the alleged contravention (which I dispute).
3. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
4. Is the claim for a contractual breach? If so, what is the date of the agreement? Please provide the names of the parties to it along with a copy of that contract.
5. Is the claim for trespass? If so, provide details.
6. Provide a copy of the contract with the landowner under which authority to bring the claim is asserted, as required by the IPC code of practice section B, clause 1.1: establishing yourself as the creditor.
7. A map showing where any signs were displayed, including those upon entering the carpark where the alleged contravention took place.
8. Details of the signs displayed (size of sign, size of font, height at which displayed)
9. Evidence that the driver did not enter the establishment that is located on the land in question as a paying patron and have full authority to use the carpark.
I can only assume that you are pursuing me as the driver, and I would like to see evidence of who was driving the vehicle. As PATAS and POPLA Lead Adjudicator and barrister, Henry Michael Greenslade, clarified in 2015 with regards to keeper liability there is no reasonable presumption in law that the registered keeper of a vehicle is the driver, and operators should never suggest anything of the sort.
If you do not provide me with the above information, then I will ask the court to impose sanctions on you and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the new Protocol.
Until you have complied with these obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for you to issue proceedings in the meantime.
Yours faithfully,
Keeper
Thanks in advance!0 -
I have seen post by regulars that it is not necessary to use your paragraph beginning "As of October 2017..."0
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Thanks, I've taken that para out.0
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Do I need to include anything else in the letter, or with the letter?0
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Why are people still using that old rebuttal?
The NEWBIES thread says the reply to the LBC is not to be a template.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
The letters were a mix of ones I found on a thread from late last year, I'll edit it to try and make it less 'templatey' and more of a genuine response.
Thanks.0 -
Just out of interest, is the LBC reply a physical letter? Not an email, or email no letter? or both?
Thanks.0 -
There is, in the NEWBIES thread, and it's not to send a long repetitive and pointless template rebuttal, so I hope you've chucked that one in the bin.There isn't a great detail on what to do next apart from, they say, to pay the fine.
I wouldn't even edit it as I wouldn't even use it. It gains nothing at all for you.
As it says clearly in the NEWBIES thread you should be sending VCS' DPO email contact a SAR, and you find that email by reading their Privacy page (and yes, VCS have a DPO email).
Ask in the SAR for their evidence regarding your VRN, because they will hold records from the business' VRN 'daily white list' register, that the car was exempt that day. The driver parked to visit an establishment that they had been to many times and the VRN as registered every time, every visit.
Ask for every time VCS was alerted to this car being exempt (checking for white lists that included this VRN on any date, and listing those dates to show the system usually worked).
And then you want to their DPO to scrutinise the specific parking event day's white list records and supply a redacted list of all VRNs exempted (or a 'nil return' if the on-site business failed to exempt any vehicles that day, which would clearly show the problem was with their client). The redacted list must show partial VRNs on the white list that day so that you can see if the issue was simply that the on site business misread the numberplate when adding it to the white list that day.
Head the request up as a SAR and don't add any other sentences ranting about or rebutting the proposed claim. The SAR is all about the data you want to see.
Finish by telling the DPO that you require your data processing to be temporarily restricted for 30 days whilst this SAR is undertaken and provided for you to read.
Attach a copy of your V5C as ID, to how you are the rightful data subject for that car.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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