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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Barclays breach of the Data Protection Act


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Dunno cactus, I won't step foot in Barclays again so I can't answer that, however, just a simple question, is it 40 working days or 40 days from when you sent the SAR request?

My 40 days aren't up yet but they have cashed the cheque which I sent but I've yet to receive anything, even an acknowledgement.

Is it only wise to call them once the 40 days expire? If so, what number would i call them on?

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Dunno cactus, I won't step foot in Barclays again so I can't answer that, however, just a simple question, is it 40 working days or 40 days from when you sent the SAR request?

My 40 days aren't up yet but they have cashed the cheque which I sent but I've yet to receive anything, even an acknowledgement.

Is it only wise to call them once the 40 days expire? If so, what number would i call them on?

 

40 calendar days from receipt of your letter at the Bank. Check with Royal Mail date of receipt and start counting from then:D

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  • 1 month later...

Well the 40 days passed a few weeks ago, a cheque cashed but no letters from Barclays whatsoever. Final demand sent 2 weeks ago and nothing. No acknowledment from Barclays at all. Makes me so cross, so now it's time for the N1 form. If i contact the FOS am I still able to commence court action or do I wait to see what they can do?

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Well the 40 days passed a few weeks ago, a cheque cashed but no letters from Barclays whatsoever. Final demand sent 2 weeks ago and nothing. No acknowledment from Barclays at all. Makes me so cross, so now it's time for the N1 form. If i contact the FOS am I still able to commence court action or do I wait to see what they can do?

 

You can do both, but it would possibly be frowned upon if you filed claim in the knowledge that the FOS were investigating. Really depends upon them defending and the judge lottery.

 

Have a search of some other threads on here before issuing, there have been recent instances of DJ's treating as part 8 requests and this could leave you open to costs from the other side........ very unlikely but still a possibility worth a mention.

 

Gez

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Thanks Gezwee.

Am I correct in thinking that complaints about non compliance of the SAR request go to the the FOS and complaints about the breach of the data protection act as in sending me personal information that belongs to someone else go to the I.C?

Not sure whether to ask the FOS to get involved or go straight for court action.

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Hi Inertia

 

Information commissioners office for notification of someones elses data sent in correspondence..... I've had the same and by all accounts it does cause the creditor a headache once reported.

 

FOS for complaints, although they are pretty limp wristed and don't take the time or trouble to fully investigate - thats my experience of them for what its worth but others may have faired better.

 

I'd hang on for a little longer and wait for someone to offer their thoughts on your Barclays thread.

 

Completing the N1 is a pretty simple process and theres a template on Wiki for just such an action if you decide to go down this route.

 

Gez

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  • 2 years later...

Hi Majeed,

 

The last post here was over two and a half years back.

 

Generally, Barclays will only supply data going back 6 years but they may provide older data if you take court action seeking damages for SAR non-compliance and an order to disclose the required data. See here - http://www.consumeractiongroup.co.uk/forum/showthread.php?364605-BARCLAYCARD-S.A.R-Confusing!!!&p=4013491&viewfull=1#post4013491

 

If you want to discuss your current problems, feel free to start a thread.

 

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  • 3 weeks later...

Hi Roken and welcome to CAG

 

If you want to discuss any topics or problems, please feel free to start your own thread in the appropriate forum.

 

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