kennythecelt
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Everything posted by kennythecelt
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And remember this very important point.
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Agree entirely. 10 calls a day amounts to harassment. Claim back these insurances and keep a diary.
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Checked with Ico and my case has only now been allocated to a case officer.
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Result. Tax band reduced and given Carers assistance. This means I have no council tax to pay this year.
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Oh, and they have refused to reply to my MSP. This means there might be merit in considering the Ombudsman.
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Nothing much happening due to variety of reasons. Harrow ignored every formal request made by me to escalate my complaint to a higher level. I ended by giving them a further 14 days and they ignored that. Weird bunch at Harrow. ICO is working on my case and I need to find out the current situation. Newlyn replied to data request but refused to provide a breakdown of costs. We all know why that is. Oh and Susan Hall and the Tories are no longer in power. That result fair cheered me up.
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I want to be quite and honest about my own case. At the outset, if Harrow had admitted a mistake, apologised, taken the action they promised they promised they would and not allowed Newlyn to be so aggressive and be guilty of misrepresentation, I would have accepted that. They did not however and that allowed a catalogue of issues to arise. They then compounded that be ignoring me. I can't walk from that as it is important to others.
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And I assume they made no attempt to alter their means of communication to suit your particular needs. The baiiffs are supposed to highlight these issues to the Council. Same thing happened with me re bipolar and acute clinical depression. Like you they have not kept to their timescales. You have just provided me with ammunition for my case- many thanks, as I had not considered that.
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Looks like the Information Commissioner is going to take up my case on my behalf as I have just received the following email. There are five interesting issues which I will raise with the ICO at a later stage. Harrow Borough Council wrongly forwarded my personal data to The Traffic Enforcement Centre. They wrongly obtained data from DVLA when they should not have requested that information, which I regard as a misuse of my data. (Indeed, should the DVLA have passed my personal details to Harrow, in view of my Scottish post code?). The next is that Newlyn PLC bailiff's have confirmed to me by email that they will hold my personal data for 6 years. Now, bear in mind that this results from an admitted mistake made by Harrow (I was not guilty of anything) so why should a private firm of bailiffs hold any information on me at all? (Yes, I know they want to hold it so they can protect themselves in the event of possible legal action by me. But, that is irrelevant and they should be required to delete all reference to it, once I have a copy of everything they hold). Additionally, Harrow have confirmed in writing to me that all files were returned to them. Thirdly, Newlyns issued me with grossly inflated invoices for approx £430 and despite repeated requests from me, they have not provided a breakdown of costs, to which I am entitled. Even a fool knows that the charges were wrongly and grossly inflated, possibly fraudulently. In a previous email to me, Newlyns tried to explain this away by stating that a mistake had been made which had been picked up by their audit team. (I wonder how often they try that on poor unsuspecting people and then threaten and hassle them?). Fourthly, Harrow have not complied with my SAR, in any way shape or form. They failed to supply any information from Newlyn. They did not even bother to contact Newlyn. Having a copy of their tender, I know that they have full access to the computer systems at Newlyn PLC about my case. Once I raise these issues with the ICO and hopefully, they resolve them, I shall ask that all information relating to me at Harrow and Newlyn's is entirely deleted as they have no reason to hold it. Once that is achieved, I can then progress further action against them at my local Sheriff Court.
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TEC have not replied to an earlier email. I have resent the following
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Meant to ask- why did you use Equalities Act?
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My MP has just written to me to inform me that he has met with a wall of silence from London Borough Of Harrow and that they have not replied to 2 letters from him on my behalf. He is going to write to Susan Hall, who is the leader of Harrow. She's a bit of nasty stuff with horrid publically stated views on immigration and people on benefits.
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I find what happened to you absolutely staggering and morally reprehensible. It is a misuse of public role and money. You should pursue that. There was a definite breach in the procedures of Harrow, which Harrow have admitted. The 3 main ones are- They should have accepted the evidence I provided them with, that I was not the driver or owner of the offending vehicle, based on DVLA info, photo's, etc. They should not have entered a continental style number plate, captured from their camera's, onto their ticketing system data base. They should not have entered the details of a registered owner with a Scottish post code into the Traffic Enforcement Centre's computer system seeking court action.
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Eric'sbrother, can you prove this? Do you receive any type of benefit or Council Tax Benefit, that may on the face of it appear to give them some ulterior justification or are you stating they are being malicious? This is entirely wrong.
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Since Harrow did not respond to my email indicating that they had not complied fully with my SAR I gave them 7 days notice detailing what information I required, then informing them that if the information was not forthcoming that I would request the ICO to intervene. True to form, Harrow did nothing so I have emailed the ICO who have acknowledged my email. The Information Commissioner has requested a copy of my original SAR to Harrow, the chase up letter and the last email. All of these have now been submitted to together with details of the broad information I require ie all personal data, including DVLA, Northampton Traffic Enforcement Centre, everything to do with Newlyn's, including a breakdown of all charges/ invoices issues by Newlyn's which I have never seen. I know the total amounts but not the detail of what makes up the charges. Tomorrow is the deadline for Harrow to reply to Stage 3 of their complaints process for every complaint I have raised with them. As I indicated earlier, I am not reminding them of this date or that they need to reply. This inaction plays entirely into my hands. Lovely stuff. I hope they do not respond and then I can quietly devote my time to preparing a small claim action against them. I am interested in anyone's opinion as to whether they think I should go to the LGO first or leave them out of the equation. I have noticed on the LGO web site that as regards parking the LGO very rarely finds in favour of appellants.
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Yes, it can be frustrating but well done for following it through. Given the contempt Harrow have shown towards me and my MP, I fully expect them to ignore a small claims action coming from a Scottish Court. I want to tackle the misrepresentation angle re their bailiffs claiming right to seize and remove in Scotland which is not the case. Even if I win by default, I will regard that as a victory as I may be able to use the media to shame them, not that they will be too bothered. I don't like being ignored or lied to and that motivates me all the more. They have not complied on a wide range of issues and a judge in a Sheriff Court might quite enjoy giving one to the boys down South, provided the evidence is in place and argued correctly.
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This is quite a handy site detailing FOI requests made to various bodies/ authorities across the UK. It is useful, as a lot of authorities do not make it easy for someone to locate information they are interested in. Further, once you reach the stage thaat an authority states you have reached you maximum number of FOI requests due to cost, additional ones can be made here. I am going to research parking related FOI info on this site, which might be useful for me. I am also intending to make further requests direct to Harrow, using my brother, who lives elsewhere. That way, I will obtain the information I still require. https://www.whatdotheyknow.com/body/harrow_borough_council Just as an aside re Council Tax left unpaid by Councillors. In Scotland, there is no issue with publishing this information or in respect of any rent arrears a councillor may have.
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Once Harrow's Stage 3 complaint deadline has passed ie next week, I will phone the LGO and discuss my case with them, without making it formal, at least, at this stage. My preferred route is Small Claims Court action, but it would be nice to have the weight of the LGO behind me. There are pro's and con's which I need to consider. Since Harrow have not met the deadline for compliance with my SAR, I will raise a complaint with the ICO next week. Again, this works in my favour.
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My local MP wrote to Harrow on 14 January 2014. I phoned his office today to be informed that Harrow have not replied to him. I knew that anyway, otherwise he would have been in touch with me. The purpose of the call was to note the lack of reply and for his office to send a follow up letter. Their reply should tie in with Harrow's stage 3 reply to their complaints process which is due on 13 March. Harrow certainly don't do public relations or customer service. They truly are the most inept Council I have ever encountered. Hopefully, however, that all works to my advantage. I would like to be in the position where they do not reply to stage 3, which is their final stage, of their complaints process. As that would demonstrate even further complete disregard for the complaints I have made.
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Finally, a reply from the offices of Right Hon Eric Pickles, MP. However, he has ignored all of the points I raised regarding Harrow's profit share contract with it's bailiffs and has not contacted Harrow, at all. A complete waste of time writing to him/ his office, but I can use it to demonstrate that I have used all possible avenues open to me, when needed, at a later date. 7 weeks to produce the following bit of tosh............
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Visited my pyschiatrist today. She decided to prescribe lithium and I must continue with Depakote for my bipolar affective disorder. I may be weaned off the Depakote depending on the effectiveness of the lithium. I continue with anti depressants and sleeping tablets. She also prescribed diazepam due to anxiety as she wants me to be calmer. I now require regular monitoring by GP, nurses for bloods and CPN due to impact of lithium. Discussed the impact of this case on my health. She wanted to discuss whether it is worthwhile continuing. I replied that I have no option but to continue, I feel compelled to do so, given the way I have been treated and the underhand tactics of bailiffs who are clearly guilty of misrepresentation. I want them to learn a lesson. My families views also need to be considered, as my first priority. However, I am aware that I need to step back for a while and I have that opportunity anyway as I am awaiting Final reply from Harrow to stage 3 of complaints process Reply from ICO ETC So my hands are effectively tied at the moment and I will look at framing court action as I know within myself that there will be no satisfactory answer from Harrow or an acknowledgement from them that their bailiffs acted beyond their powers.
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So, I will have to wait at least 30 days before taking further action as I require the information from my SAR request. In the meantime, Harrow have to reply to the final stage of the complaints process which in their case is Stage 3. This is meant to be conducted by a senior officer having an overview of the entire case and someone who has not been involved in the process to date. I raised my Stage 3 complaint on 14 February 2014. They have 20 working days to provide an answer. That means I should receive a reply by 13 March 2014. This will be their final comment on the matter, after which they will say I can refer the matter to the LGO, if I remain unhappy. I am not contacting Harrow in any shape or fashion to remind them of their own timescales nor to remind them of any aspect of any aspect of my complaints I require addressed. They already have this information at their finger tips. It is up to them to deal with and protect their own interests. I will protect my interests by remaining completely silent. In the meantime, I need to do some detailed research, prepare for possible small claims court action and play the waiting game.
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Electronic confirmation of my email to The Information Commissioner's Office just received
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I have now requested the intervention of the Information Commissioners Office regarding Harrow Borough Council's failure to supply me with full details of my SAR. This is a copy Let's see what happens now.
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Today I will draft a carefully worded complaint to the Information Commissioners Office (ICO) regarding the lack of compliance by Harrow Borough Council to my Subject Access Request. The email address is [email protected] This is for the benefit of any readers and to record events for my records as well. Harrow Borough Council have a responsiblity to supply all personal information covered by the act, related to me, which includes all information held by Newlyn PLC bailiffs. Because of Barrow's documented litany of mistakes, my personal data is now held by a private company of bailiffs. Something that should never have happened as mistakes were made by Harrow, and these were compounded by them. Newlyn PLC have confirmed to me that they will continue to hold all of my personal information for 6 years, which is their companies policy. Now, I can see why they do that, if casework passed to them is genuine. However, my case was never genuine as it was due to an error made by Harrow Borough Council. I do not want my information held by a firm of bailiffs. Why should I accept this? What would the legal view be regarding this? Harrow Borough Council have provided me with a written stated that they instructed Newlyn's to return all files to them, and Harrow confirmed this had been done. However, it has not and Newlyn continue to hold all of my personal data. On this aspect, Harrow have been proven to have lied and misled me. I have paid Newlyn PLC for my Subject Access Request. Something that legally, I should not have required to do, as Harrow should have supplied it, as Newlyn's act on their behalf as agents/ contractors under a contract/ service level agreement. However, I knew that Harrow would not take the trouble to contact Newlyn and supply it to me. So, now that Newlyn have complied with the SAR, and I am relatively satisfied that they have, I can demonstrate a further failing a the part of Harrow to the ICO as I am fully aware ofwhat information is held by a private firm of bailiffs. I have paid Harrow £10 for my SAR, which they refunded in view of the circumstances (but that is neither here nor there, and they have failed to comply with my SAR. I am therefore compelled to complain to the ICO documenting the failures of Harrow Borough Council. Part of my concerns and subsequent action will relate to the fact that my data is held by a firm of bailiffs, when I am the entirely innocent victim of a catalogue of errors by Harrow and Newlyn's. However, all of my energies and subsequent action is directed at Harrow and by implication Newlyn's. There will be no separate action against Newlyn as they are contracted by Harrow who are responsible for the actions of their bailiffs.
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